Chapter 17.12 — ADMINISTRATION AND ENFORCEMENT

Where uncertainty exists as to boundaries of any zone shown upon the official zone map of the city, or any part thereof or any amendment thereof, such uncertainty shall be resolved pursuant to Section 17.12.030.

(Prior code § 9600)

Areas annexed to the city shall be classified in an appropriate zone by the city council in the manner specified by the provisions of Section 65800 et seq., of the Government Code.

(Prior code § 9601)

If an ambiguity shall be found with reference to these regulations, including but not limited to the appropriate zone classification of a particular use, the commission shall consider the matter and shall recommend to the city council the appropriate clarification of such ambiguity. When such a commission recommendation has been approved by the city council, the same shall be deemed to be in force and effect and shall govern the interpretation of the affected provisions hereof, to which the same relates, until such time as an appropriate amendment hereto has been duly adopted.

(Prior code § 9602)

A.

Application to C and M Zones. No person shall use, for any purpose, any "C" zoned or "M" zoned lot, building or structure located hereon nor shall the owner of any such lot allow such use, unless and until the building inspector issues, for such use, a certificate of occupancy, indicating the same complies with all applicable laws, including but not limited to the provisions hereof.

B.

Application to R-Zoned Lots. The provisions of subsection A of this section shall apply to "R" zoned lots, and buildings and structures located thereon, but only as to newly constructed or reconstructed buildings and/or structures; such certificates of occupancy shall not be required for changes in occupancy on such lot, so long as such occupancy is limited to residential use.

C.

Action of Building Inspector. Where the building inspector refuses the issuance of such a certificate, he shall give the applicant written notice thereof; his decision shall be subject to an appeal in the time and

manner provided in Section 17.12.060.

D.

Temporary Certificate. Temporary certificates of occupancy may be issued, in the discretion of the building inspector, where a portion of a building under construction may be safely occupied.

(Prior code § 9603)

No building permit required pursuant to the city's building regulations, or a certificate of occupancy shall be issued for any building, structure or use which has been erected, constructed, maintained or utilized in violation of any provision hereof, or any other applicable law. Any such permit or certificate issued

erroneously for a use, building, or structure which does not comply with such laws, shall, for all purposes, be null, void and of no effect.

(Prior code § 9604)

17.12.060 - Administrative interpretation.

A.

It shall be the duty of the director, where reasonably necessary, to interpret the provisions of this title to assure adherence to the city council's purpose and intent in adopting the provisions contained in this title. All such interpretations shall be reduced to written form, and shall be permanently maintained by the director.

B.

Any person who is aggrieved by such an interpretation by the director may, in writing, request that such interpretation be reviewed by the planning commission; if the planning commission's determination is not satisfactory to either the director or such person, either or both may request the city council to review the same. Upon receipt of such a request, the city council shall review the interpretation as made, and shall approve, modify or disapprove the same. The decision of the city council shall be final and conclusive.

C.

Actions taken pursuant to this section shall include, but not limited to, the designation of the front and rear lot lines of a through lot.

(Prior code § 9605)

Any use, building or structure to which the provisions of this chapter apply, which does not comply with the said provisions, shall be deemed to be a public nuisance.

(Prior code § 9606)

Fees shall be paid upon the filing of an application as set forth in the current city fee schedule as adopted by the city council.

(Ord. 1139 § 1(A), 1997: Ord. 917 § 3, 1974: prior code § 9623)

Chapter 17.16 - O OPEN SPACE ZONE

Sections:

The scope of this chapter is to provide open space zoning provisions intended to be consistent with, and supplemental to, the open space plan within the general plan of the city.

(Prior code § 9200)

The following public and private uses are permitted in the "O" zone:

A.

Land that is essentially unimproved and devoted, used, or utilized for preservation of natural resources, plant and animal life, ecological and scientific study and purposes, rivers, streams, lakes and watershed;

B.

Parks, playgrounds, wildlife preserves, recreation areas and such nonhabitable buildings and structures as are accessory thereto;

C.

Agricultural crop and horizontal uses; provided, that no dwellings, either temporary or permanent, be permitted in relation thereto, nor any on-premises sales or propagation nurseries.

(Prior code § 9201)

The following uses are permitted conditionally in the "O" zone:

A.

Water wells, reservoirs, tanks, dams, treatment plants, gauging stations, pumping stations and any use normal and appurtenant to the obtainment, storage or distribution of water;

B.

Electric transmission substations, electric distribution stations, communications equipment buildings, microwave radio and telephone transmission facilities used in the operation of public utility functions, and/or easements thereto; provided, that all facilities governed by Chapter 17.93 of this code shall also comply with the standards of that chapter;

C.

Flood control channels, spreading grounds and settling basins.

(Ord. 1247 § 2, 2006; prior code § 9202)

The following uses are prohibited in the "O" zone:

A.

Single-family dwellings, or residential uses;

B.

Commercial uses other than those regulated and under the regulation of the parks and recreation and/or other city, county, or state recreational agency;

C.

Industrial uses;

D.

All uses not specifically authorized in Section 17.16.020 or conditionally authorized in Section 17.16.030 are prohibited.

(Prior code § 9203)

Special districts, such as park districts, lighting districts, improvement districts, and open space maintenance districts (as provided by Part 1 of Division 1 of Title 5 of the Government Code), together with appropriate dedications for public ownership, shall be provided when required by a conditional use permit and may include but shall not be limited to the following: open land planting and maintenance flood control facilities, lighting and local improvements.

(Prior code § 9204)

Chapter 17.18 - CIV CIVIC ZONE

Sections:

17.18.010 - Permitted uses.

In a CIV zone only the following uses are permitted as hereinafter specifically provided and allowed.

A.

Public institutional uses such as civic buildings;

B.

Non-profit organizations which support civic operations;

C.

Educational facilities;

D.

Libraries;

E.

Governmental agency or services;

F.

Public cultural facilities such as museums;

G.

Parks;

H.

Public sports facilities;

I.

Wireless communication facilities for which a permit has been issued consistent with Chapter 17.93.

(Ord. No. 1343, § 1, 9-10-13; Ord. No. 1350, § 2, 1-28-14)

Chapter 17.20 - R-1 ONE-FAMILY RESIDENTIAL ZONE[[2]]

Sections:

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 1336, § 1(Exh. A), adopted April 9, 2013, amended Ch. 17.20 in its entirety to read as herein set out. Former Ch. 17.20, §§ 17.20.010—17.20.170, pertained to similar subject matter, and derived from prior code §§ 9250—9254; Ord. 973, § 4(part), adopted 1980; Ord. 996, §§ 2—4, adopted 1982; Ord. 1024, § 3, adopted 1986; Ord. 1035, § 2, adopted 1987; Ord. 1037, § 5, adopted 1988; Ord.

1038, § 1, adopted 1988; Ord. 1047, §§ 1, 2, adopted 1988; Ord. 1051, § 4(part), adopted 1989; Ord. 1066, § 1, adopted 1990; Ord. 1084, § 1(part), adopted 1992; Ord. 1098, § 1, adopted 1993; Ord. 1107, § 1, adopted 1993; Ord. 1115, §§ 6—14, adopted 1995; Ord. 1161, § 2B, adopted 1998; Ord. 1177, § 2(part), adopted 2000; Ord. 1179 § 1, adopted 1999; Ord. 1184, § 3, adopted 2000; and Ord. 1247, §§ 3, 4, adopted 2006.

In order to maintain the historical, architectural and ecological integrity and quality of the existing singlefamily residential areas within the city, the following purpose is set forth:

A.

To encourage development that preserves the small town, mountainous flavor of this closely-knit foothill community;

B.

To encourage preservation of historical structures;

C.

To encourage architectural diversity while maintaining architectural accord with the character of the existing neighborhood;

D.

To promote design in accordance with recognized principles of architecture. Individual designs should reflect only one style of architecture, avoiding the mixture or combined use of several different ones. Classically defined styles would include Craftsman, Victorian, Tudor, Classic Box, Mediterranean, Board and Batten, California Ranch House, etc.

E.

To promote consideration of one another's valley and mountain views:

1.

Designs should consider, to the extent reasonably practicable, the neighbors' existing view,

2.

Plan should consider the existing and finished grades of the site to be improved in relation to adjacent properties encouraging retention of building heights, mass, scale, orientation, configuration and colors that blend in with the character of the neighborhood;

F.

To ensure adequate light, air, privacy, and open space for each dwelling and in relation to adjacent dwellings;

G.

To encourage appropriate scale and size of new construction and reconstruction that is compatible with the existing neighborhood and surroundings.

(Ord. No. 1336, § 1(Exh. A), 4-9-13)

In addition to the definitions contained elsewhere in this title, the words and phrases set forth below shall be given the following meanings for the purposes of this chapter:

"Attic" means the area located between the uppermost plate and the roof or ridge of a structure.

"Basement, full" means basements that do not extend more than twelve inches above adjacent grade at any point around the perimeter of the structure as measured from the ceiling of the basement to the adjacent grade.

"Basement, partial" means basements that do not extend more than an average of three feet above the lower of natural, pre-existing or finish grade, and not more than eight feet at any point around the perimeter of the structure, as measured from the ceiling of the basement to the adjacent lower of natural, pre-existing or finished grade.

"Driveway" means an area of pavement or other pervious or impervious surface that provides vehicular access from an alley, public or private street to a parking area, garage or carport on a parcel.

"Flag lot" means a lot in the approximate configuration of a flag pole or sign post, with the pole or post functioning primarily as an access corridor or way to the main body of the lot from the street of access.

"Gross floor area" means the sum of all horizontal areas of floors covered by solid roof including first and second floors, attic spaces over 7.5 feet in height, basements, lofts, guest houses, garages, carports, patios, porches, balconies, barns, gazebos, and raised decks which are higher than 7.5 feet from natural or pre-existing grade as measured from the perimeter of the structure. Further, the area of interior spaces over sixteen feet in height shall be counted as double the floor area (see Diagram A), except for stairways and elevator shafts, which shall only be counted once. The horizontal floor area of vents, shafts, and courts shall be included in the calculation of gross floor area.

Gross floor area shall be measured from the exterior face of exterior walls. In cases where there is no wall, the measurement should be from the exterior face of the supporting posts; for cantilever-covered areas, the gross floor area shall be measured from the edge of the roof eaves excepting any roof eave exemptions, as provided below. The following shall not be computed towards floor area:

1.

Roof eaves up to four feet in projection. Roof eaves that exceed four feet in projection but not more than six feet in projection may be excluded from the total floor area calculation subject to approval of an

administrative design review permit pursuant to Chapter 17.60.

2.

Full basements.

3.

Partial basements, subject to the approval of an administrative design review permit pursuant to the requirements of Chapter 17.60.

4.

Attic areas that meet all the following requirements:

(i)

Areas with vertical clearance of five feet or greater that are less than sixty percent of the surface of the building footprint, including dormer areas;

(ii)

Areas which do not include any doorway entrance that leads to an adjacent rooftop deck, patio attachment and/or exterior staircase;

(iii)

Areas which do not include an individual dormer which has a width greater than seven feet;

(iv)

The combined width of all dormers along a roofline do not exceed fifty percent of the width of the roofline; and

(v)

No portion of any dormer is higher than the main roofline of the house.

5.

Porches on the ground floor that are attached to the primary residence, face the street (not fronting on common side or rear property lines), and are not enclosed between the heights of three feet and seven feet, with the exception of posts and building face or faces to which the porch is attached.

"Habitable attic space" means an attic space with an occupiable floor area of at least seventy square feet, a minimum vertical clearance of seven feet and an average height of 7.5 feet, and which meets minimum lighting, heating, ventilation and access requirements.

"Lot coverage" means the area of land covered by solid roofed structures, whether habitable or nonhabitable, including, but not limited to: building footprints of a single-family dwelling, detached garages, barns, covered patios, and other solid roofed accessory structures constructed on a foundation whether

above, below, or at grade level. Raised decks which are over seven feet six inches from grade shall be included in the lot coverage calculation.

"Lot line, front." "Front lot line" means a lot line parallel to, and abutting, the right-of-way providing primary access to the property, except in the case of nonstandard lot configurations such as flag lots, irregularly shaped lots, reverse corner lots, or properties where access is provided by easements or private roads. In such nonstandard instances, the front lot line or lines shall be determined by the director, or his/her designee, based on the character of other improvements in the vicinity; however, in no case, may the front lot line fall within any portion of any recorded easement or access corridor.

==> picture [420 x 485] intentionally omitted <==

(Ord. No. 1336, § 1(Exh. A), 4-9-13; Ord. No. 1354, § 1, 6-10-14; Ord. No. 1389, Exh. A, §§ 2, 3, 7-11-17; Ord. No. 1432, § 2(Exh. A), 10-27-20; Ord. No. 1466, § 48, 3-28-23)

17.20.020 - Permitted uses.

No person shall use, nor shall any property owner permit the use of any property or lot located in any R-1 zone for any use other than the following:

A.

One-family dwellings of a permanent character; not more than one per lot (except for second units in compliance with Chapter 17.22); placed in a permanent location, containing not more than one kitchen; used by but one family; and not used for commercial purposes other than home occupations.

B.

Home occupations, pursuant to the provisions of Chapter 17.85 of this title.

C.

Accessory Buildings and Uses. The following accessory buildings and uses are permitted:

1.

Detached accessory structures, such as garages, open carports, gazebos, workshops and similar uses;

2.

Residential communication facilities and devices intended for the noncommercial use and enjoyment of the resident of the property on which the use is located, as provided in Chapter 17.93 of this code;

3.

Walls and fences pursuant to the provisions of Section 17.48.130.

4.

Miscellaneous structures and uses measuring less than one hundred twenty square feet, such as trash enclosures, barbecues, tool sheds and similar structures and uses.

D.

Dogs and cats as household pets not to exceed three adults (four months or older) in number in any combination for each dwelling unit.

E.

A trailer used as the residence of the owner and his/her family during construction by such owner of a permanent residence, but only while a building permit for the construction of such residence is in full force and effect and in no event longer than six months.

F.

Servants' quarters and guest houses may be maintained on any lot; provided, that such quarters and guest houses are used as an accessory to the single dwelling unit and also provided no cooking facilities are maintained therein.

G.

Agricultural crops, greenhouses, fruit trees, vines and nurseries for producing trees, vines and other horticultural stock and including the wholesale and retail sale thereof; provided, that no signs, displays or stands are maintained in conjunction therewith and that all structures maintained on the property conform to the yard requirements herein specified.

H.

Public parks, playgrounds and other public recreation facilities.

I.

Signs in accordance with the regulations contained in this title.

J.

Garage and Yard Sales.

1.

Purpose. The purpose of this subsection is to provide regulation of garage and yard sales within the city.

2.

Definitions. The phrase "garage or yard sale" means any sale of personal property on residentially zoned property to which the public is invited or encouraged to attend. "City" means the city of Sierra Madre.

3.

Permit Required. No person shall conduct a sale regulated by this section until such a person has applied for and received a permit from the city. The permit shall be issued for a fee, as established by resolution of the city council. A copy of the permit shall be displayed at the site of the sale. Failure to apply for a permit, prior to the day of the sale, will subject the violator to a penalty as established by resolution of the city council.

4.

Frequency of Sales and Hours of Operation. No more than three garage or yard sales shall be conducted in any calendar year at any single address. No such sale shall exceed two consecutive days in duration. All such sales shall commence no earlier than eight a.m. and shall conclude no later than six p.m.

5.

Merchandise. No merchandise to be sold shall be placed or displayed on public property or in the public right-of-way. All goods offered for sale shall be the property of the owner, tenant or occupant of the residence. No new merchandise shall be offered for sale.

6.

Garage and Yard Sale Signs. Garage sale signs shall not be posted in public view before six a.m. the day of the sale and shall be removed by eight p.m. on the final day of the sale. Signs put up prior to or left after these times may be removed by the city, and the permit holder will be subject to paying the cost of removing these signs. Temporary garage and yard sale signs may be displayed in the following manner:

a.

A single sign, not greater than five square feet in sign area, may be placed on a stake, or similar method, within the parkway portion of the public right-of-way directly in front of the property where the permitted garage or yard sale event is to be conducted. In no case shall the subject sign be maintained within the paved street.

b.

A sign, not greater than five square feet in sign area, may be placed on, or within, a vehicle parked within the public right-of-way, for the purposes of advertising a garage or yard sale event. There shall not be more than four vehicles used to display a garage or yard sale sign, and not more than one sign may be located on or within each vehicle.

c.

In no case shall any temporary garage or yard sale sign be placed or affixed to a tree, light pole, utility pole or traffic control/information sign post, or similar item.

K.

Swimming Pools. Swimming pools, hot tubs, spas, and similar recreational facilities pursuant to the provisions of Section 17.20.065.

L.

Vehicle Parking. The use of unimproved lots or parcels for temporary, and/or ongoing, vehicle parking may be permitted as follows:

1.

Subject to the approval by the director of a minor conditional use permit pursuant to the provisions of Section 17.60.055.

2.

That each vehicle parking site shall only be utilized for noncommercial residential vehicle parking. No vehicle parking fee shall be collected by the property owner;

3.

There shall be no storage of recreational vehicles, including, but not limited to, motorhomes, recreational and equipment trailers, boats and watercraft and similar items.

M.

Transitional and supportive housing.

N.

Modular and manufactured homes as a type of dwelling unit, one per dwelling unit (except for second units in compliance with Chapter 17.22).

O.

Family daycare homes, one per dwelling unit (except for second units in compliance with Chapter 17.22).

(Ord. No. 1336, § 1(Exh. A), 4-9-13; Ord. No. 1352, § 4, 2-11-14; Ord. No. 1441, §§ 2—4(Exh. B), 5-11-21; Ord. No. 1466, § 49, 3-28-23)

17.20.025 - Conditionally permitted uses.

The following uses shall be allowed subject to the granting of a conditional use permit pursuant to the provisions of Chapter 17.60 of this title:

A.

Conditional uses allowed under Section 17.60.030.

B.

Swimming Pools. Swimming pools, hot tubs, spas and similar recreational facilities which are located within twenty-five feet, and is visible to or from a public or private street or alley pursuant to the provisions of Chapter 17.60 of this title. If the swimming pool, hot tub, spa and similar recreational facility are enclosed by a six-foot-tall, which on sloping terrain may deviate a maximum of eight inches above or below the sixfoot height, solid fence or wall, then the provisions of Section 17.20.060 shall apply.

(Ord. No. 1336, § 1(Exh. A), 4-9-13; Ord. No. 1364, § 1, 5-12-15; Ord. No. 1389, Exh. A, § 4, 7-11-17)

17.20.027 - Design review permit.

The following projects shall be allowed subject to the granting of a design review permit pursuant to the provisions of Chapter 17.60 of this title:

A.

Houses requiring additional height to accommodate an architectural feature (such as a roof), that is characteristic of the style of architecture that is used for the house or for other particular design purposes with a maximum height of thirty feet, zero inches pursuant to the findings listed in Section 17.60.040.

B.

Except for replacement of an existing two-story structure lost due to a fire or other casualty event, any second-story addition to an existing single-family house or any new construction proposed to include a second story.

C.

Allowable gross floor area for all structures on a single lot that exceeds, either by addition or new construction, the amounts indicated below:

1.

Lot areas up to seven thousand five hundred square feet: two thousand five hundred square feet of floor area;

2.

Lot areas from seven thousand five hundred one to eleven thousand square feet: three thousand square feet of floor area;

3.

Lot areas from eleven thousand one and up: three thousand five hundred square feet of floor area.

(Ord. No. 1389, Exh. A, § 5, 7-11-17)

All premises in the R-1 zone shall comply with the standards of development set forth in the following sections.

(Ord. No. 1336, § 1(Exh. A), 4-9-13)

A.

Establishing the Maximum Building Envelope. A building envelope shall be established twenty-five feet as measured from a warped plane defined by the adjoining natural or pre-existing grade, or finished grade, whichever is lower, around a five-foot perimeter of the building. If an applicant does not submit a topographic map that enables the warped plane to be established, then, the building envelope shall be established twenty-five feet as measured from a single point determined to be the lowest point of natural grade or pre-existing grade and establishing a flat plane which intersects the point as shown in Diagram B.

B.

Placing Building Within Height Envelope. A building shall be placed within the envelope so that at no point does the height exceed the envelope as shown in Diagram B. Further, the height shall be measured from the lowest point of adjoining natural or pre-existing grade, or finished grade, whichever is lower, around the perimeter of the building to the highest point of the coping of a flat roof or to a point one-third of the height of a pitched or hipped roof, as shown in Diagram D. If a structure includes a basement that either can be entered at any point of the grade, or, where the floor line above the grade is greater than six feet at any point, then the height limit shall be measured from the floor of the basement at every point where this occurs as shown on Diagram C. The intent of this provision is to eliminate the appearance of three stories and shall not be circumvented.

==> picture [408 x 232] intentionally omitted <==

==> picture [384 x 352] intentionally omitted <==

C.

Applicant's Submittal. The applicant's submittal shall clearly show the location of the pre-existing or natural grade, as well as finished grade, on the site and on the adjacent properties and building placement on all four elevations. The roof line must be within twenty-six feet of a level graded area of at least ten feet in depth over twenty-five percent of the perimeter of the building.

(Ord. No. 1336, § 1(Exh. A), 4-9-13)

The following development standards shall apply to all primary structures within the R-1 zone as follows:

A.

Front Yards. The following standards shall apply to all R-1 zoned property:

1.

Standard Front Yard Setback. Every lot in the R-1 zone shall have a front yard of at least twenty-five feet, except as provided in this chapter.

2.

Front Yard Setbacks Greater than Thirty Feet—Prevailing Setback. Whenever fifty percent, or greater, of the properties on the same side of the street in the linear block where the project site is located have front yard setbacks that are greater than thirty feet, the minimum required front yard setback for all building and/or structures thereafter constructed, enlarged, erected or established shall be the prevailing setback for the linear block. The prevailing setback shall be calculated by adding all of the front yard setbacks, except for the smallest and largest setbacks, and dividing the total by the number of lots included in the calculation, as illustrated in Diagram E. The Prevailing Setback may be reduced to no less than required by subsection (A)(1) subject to the approval of an administrative design review permit pursuant to the requirements of Chapter 17.60.

3.

Projections Into the Front Yard. Projections into the required front yard setback may occur as follows:

a.

A nonhabitable covered front porch, with or without supports, may encroach a maximum of six feet into the required front yard setback. In no case may the encroachment be closer than ten feet to the front property line.

b.

An open, uncovered balcony (not covered by a roof or similar structural feature) may project into the required front yard setback a maximum of forty-eight inches.

c.

An open balcony, covered only with a roof feature and supports, may extend into the required front yard setback a maximum of forty-eight inches, pursuant to the approval of an administrative design review permit pursuant to the provisions of Chapter 17.60.

B.

Side Yards. The following side yard setback standards shall apply to all R-1 zoned property:

1.

New Construction. Except as otherwise provided, all construction of new primary structures on all property shall conform to the following side yard setback standards:

a.

Lots or Parcels of Sixty Feet or Less in Width. Lots or parcels measuring sixty feet or less, as defined in this title, shall have a minimum side yard setback of not less than five feet, on each side. However, in no case shall any structure exceed a total width of forty-two feet.

b.

Lots or Parcels Greater than Sixty Feet in Width. Except as otherwise provided in this chapter, lots or parcels measuring greater than sixty feet in width, as defined in this title, shall have a cumulative side yard setback dimension (both side yard setbacks combined) of not less than thirty percent of the width of the lot or parcel, with a minimum required side yard setback of any one side of not less than five feet or ten percent of the width of the lot or parcel width, whichever is greater, up to a maximum side yard setback of ten feet on that side.

defined in this title, shall have a cumulative side yard setback dimension (both side yard setbacks combined) of not less than thirty percent of the width of the lot or parcel, with a minimum required side yard setback of any one side of not less than five feet or ten percent of the width of the lot or parcel width, whichever is greater, up to a maximum side yard setback of ten feet on that side.

c.

Reverse Corner Lots or Parcels. Lots or parcels which have a "reverse corner" configuration, as defined in this title, shall have an interior side yard setback as set forth in subsection (B)(1) of this section. The "reverse corner" lot or parcel shall have a minimum twenty-five foot setback adjacent to the secondary street frontage.

d.

Attached Open Structures. Open single story attached structures, such as porte cocheres, patio covers, porch covers and similar structures which are attached to the primary structure may encroach into the required cumulative side yard setback dimension, as set forth in subsection (B)(1)(b) of this section, where the attached open structure is located no closer to the side yard property line than a minimum of five feet or ten percent of the width of the lot or parcel, whichever is greater.

2.

Additions Onto Existing Primary Structures. Additions onto existing primary structures shall conform to the provisions of subsection (B)(1) of this section, except as provided as follows:

a.

Single Story Additions of Less than Fifty Percent. Single story additions onto existing primary structures, which results in an increase in gross floor area of fifty percent or less of the original structure, and which is consistent in height and character with the original structure, may be aligned with the existing legally constructed side yard setback of the primary structure, subject to the approval by the director of an administrative design review permit, pursuant to Section 17.60.025.

b.

Single Story Additions Greater than Fifty Percent. Single story additions onto existing primary structures, which result in an increase in gross floor area of greater than fifty percent of the original structure, may be aligned with existing legally constructed side yard setback of the primary structure, subject to the approval of a design review permit pursuant to the provisions of Chapter 17.60 of this title.

3.

Reduced Cumulative Setback Dimensions. The cumulative required setback dimensions may be reduced from thirty percent to twenty percent pursuant to the following provisions:

a.

New Construction. New construction of primary structures may have a reduced cumulative side yard setback dimension (both side yard setbacks combined) of not less than twenty percent of the width of the lot or parcel, with a minimum required side yard setback of any one side of not less than five feet or ten percent of the width of the lot or parcel width, whichever is greater, up to a maximum side yard setback of ten feet on that side, provided that the total lot coverage does not exceed forty percent and pursuant to the approval of a design review permit subject to the provisions of Chapter 17.60.

DIAGRAM E

Example of Calculation of Prevailing Front Yard Setback

==> picture [468 x 228] intentionally omitted <==

b.

One or Two Story Additions of Fifty Percent or Less. One or two story additions onto existing primary structures, where the floor area of the addition does not exceed fifty percent of the gross floor area of the existing primary structure, may be constructed with cumulative side yard setback dimension (both side yard setbacks combined) of not less than twenty percent of the width of the lot or parcel, with a minimum required side yard setback of any one side of not less than five feet or ten percent of the width of the lot or

parcel width, whichever is greater, up to a maximum side yard setback of ten feet on that side, pursuant to the approval of an administrative design review permit pursuant to the provisions of Chapter 17.60.

c.

One or Two Story Additions of Greater than Fifty Percent. One or two story additions onto existing primary structures, where the floor area of the addition is greater than fifty percent of the gross floor area of the existing primary structure, may be constructed with cumulative side yard setback dimension (both side yard setbacks combined) of not less than twenty percent of the width of the lot or parcel, with a minimum required side yard setback of any one side of not less than five feet or ten percent of the width of the lot or parcel width, whichever is greater, up to a maximum side yard setback of ten feet on that side, pursuant to the approval of a design review permit pursuant to the provisions of Chapter 17.60.

C.

Rear Yards. The minimum rear yard setback shall be fifteen feet from the rear property line.

(Ord. No. 1336, § 1(Exh. A), 4-9-13; Ord. No. 1364, §§ 2, 3, 5-12-15; Ord. No. 1375, § 2, 2-9-16; Ord. No. 1389, Exh. A, §§ 6—11, 7-11-17; Ord. No. 1455, § 2(Exh. A), 5-24-22)

Notwithstanding the provisions under Section 17.20.050(B) ("Side yards"), no portion of a building, except a chimney but only to the extent necessary to meet code and no higher than six feet from the point where it penetrates the roof, shall exceed the height of a forty-five-degree plane drawn from a height of ten feet above existing ground level at the side lot line boundaries of the lot (see Diagram F), provided the second floor shall not be required to be located further than twice the required setback, whichever is less. Roof eaves projecting a maximum four feet out from the vertical plane of the exterior wall surface are exempted. Existing ground level shall be the grade elevation of the subject site at the side lot line boundaries prior to start of construction. Encroachments exceeding the angle plane height by not more than ten linear feet may be allowed subject to the approval of an administrative design review permit; encroachments exceeding ten linear feet may be allowed pursuant to the approval of a design review permit pursuant to the provisions of Chapter 17.60. Linear feet shall mean the total combined linear feet of encroachment area(s) measured horizontally along the side face of the building.

DIAGRAM F

==> picture [456 x 315] intentionally omitted <==

(Ord. No. 1336, § 1(Exh. A), 4-9-13; Ord. No. 1375, § 1, 2-9-16; Ord. No. 1389, Exh. A, § 12, 7-11-17)

17.20.055 - Off-street parking requirements for new construction, additions and/or remodeling.

New construction, or additions and/or remodeling which results in an increase to the number of bedrooms of the existing primary structures, shall be subject to the required off-street parking requirements as set forth in Section 17.68.020(A) and shall be covered by a solid roof in either a garage or carport.

(Ord. No. 1336, § 1(Exh. A), 4-9-13; Ord. No. 1455, § 2(Exh. A), 5-24-22)

17.20.060 - Accessory structures.

The following standards shall apply to all accessory structures:

A.

Detached Accessory Structures. Workshops and storage sheds shall be located behind the street-facing building line of the primary structure on the property, unless authorized with the approval of an administrative design review use permit pursuant to Chapter 17.60. Single-story detached accessory structures, such as gazebos, workshops, storage sheds and similar uses which measure six hundred square feet or less, and with a maximum height of fifteen feet from finished grade to top of ridge as follows:

1.

Administrative Design Review Permit. May be located five feet from the side and/or rear property lines subject to the approval of an administrative design review permit pursuant to Chapter 17.60.

2.

Permitted. When in conformance with the provisions of Section 17.20.050 (Primary structures) and located behind the street-facing building line of the primary structure on the property. Detached accessory structures which exceed six hundred square feet and/or are two stories or greater shall conform to the provisions of Section 17.20.050 (Primary structures).

B.

Detached Garages. Detached garages may be located as follows:

1.

Single-Story Detached Garages. Single-story detached garages, measuring six hundred square feet or less, with a maximum height of fifteen feet as measured from lowest point of adjoining natural or pre-existing grade, or finished grade, whichever is lower, around the perimeter of the garage, to the highest point of the coping of a flat roof or to a point one-third of the height of a pitched or hipped roof, as shown in Diagram B of Section 17.20.040 (height), may be located a minimum of three feet from the side or rear property line if the detached garage is located behind the primary structure.

2.

Detached accessory garages, which exceed six hundred square feet, are greater than fifteen feet in height as described in [subsection] 2.C.1 above, are two stories or greater, or are located in front of the primary structure shall conform to the provisions of Section 17.20.050 (primary structures).

C.

Detached Open Carports. For single-story detached carports, which are open on at least two sides, measuring six hundred square feet or less, and with a maximum height of fifteen feet as follows:

1.

Minor Conditional Use Permit. May be located a minimum of three feet from the side and rear property lines subject to the granting of a minor conditional use permit pursuant to the provisions of Section 17.60.055.

2.

Permitted. When in conformance with the setback provisions as set forth in Section 17.20.050 (primary uses).

D.

Miscellaneous Structures and Uses. Miscellaneous structures and uses, such as trash enclosures, barbecues, tool sheds, water heaters, air conditioning units, ground-mounted solar equipment and similar uses, measuring less than one hundred twenty square feet as follows:

1.

Minor Conditional Use Permit. May be located a minimum of five feet from the side and rear property lines subject to the granting of a minor conditional use permit pursuant to the provisions of Section 17.60.055 (Minor conditional use permits);

2.

Permitted. When in conformance with the setbacks provisions as set forth in Section 17.20.050 (primary structures).

E.

Fences. The provisions of Section 17.48.130 shall apply.

F.

Non-commercial Communication Facilities. Communication facilities that meet the requirements of Chapter 17.93, and which are intended for the noncommercial use and enjoyment by a resident of the property on which the device is located (e.g., television antenna, satellite dishes, and amateur ham radio towers) are either permitted or conditionally permitted as follows:

1.

Permitted. The following such facilities are permitted:

a.

Facilities that are exempt from Chapter 17.93 pursuant to Section 17.93.030.

b.

Facilities for which a permit has been issued consistent with Chapter 17.93.

c.

Satellite dish antennas which are not exempt under Chapter 17.93, but which are ground mounted or which are mounted on a mast which is not greater than twelve feet in height as measured from the point of existing adjoining grade.

2.

Minor Conditional Use Permit. Any noncommercial communication device which is not exempt from Chapter 17.93, which does not require a permit to be issued consistent with Chapter 17.93, and which does not conform to the provisions of subsection (E)(1) of this section may be established, subject to the approval of a minor conditional use permit pursuant to the provisions of Section 17.60.055.

(Ord. No. 1336, § 1(Exh. A), 4-9-13; Ord. No. 1389, Exh. A, §§ 13, 14, 7-11-17)

17.20.065 - Swimming pools.

Swimming pools, hot tubs, spas, pool/spa equipment and/or similar recreational facilities as follows:

A.

Adjacent to a Public or Private Street or Alley. For swimming pools, hot tubs, spas, pool/spa equipment or similar recreational facilities located adjacent to a public or private street or alley, the following provisions shall apply:

1.

Conditional Use Permit. The facility may be located within twenty-five feet of a public or private street or alley, and visible to the adjoining public or private street or alley, with the approval of a conditional use permit pursuant to the provisions of Chapter 17.60 of this title.

2.

Permitted. Where the facility is enclosed by a solid fence or wall of six feet in height (Note: On sloping terrain, the solid fence or wall may deviate a maximum eight inches above or below the six-foot height). In such case, the facility shall be located no closer than five feet to the property line. In no case shall the facility be visible to an adjoining public or private street or alley.

3.

Minor Conditional Use Permit. Where the facility is located greater than twenty-five feet from a public or private street or alley, but is visible to or from the adjoining public or private street or alley.

B.

Side or Rear Property Lines. Five feet from the side or rear property line.

(Ord. No. 1336, § 1(Exh. A), 4-9-13)

A.

The minimum required lot area in the R-1 zone shall be seven thousand five hundred square feet unless otherwise designated on the zoning map.

B.

When property has been classified and designated on the zoning map as R-1-9, the minimum required lot area shall be nine thousand square feet.

C.

When property has been classified and designated on the zoning map as R-1-11, the minimum required lot area shall be eleven thousand square feet.

D.

When property has been classified and designated on the zoning map as R-1-15, the minimum required lot area shall be fifteen thousand square feet.

(Ord. No. 1336, § 1(Exh. A), 4-9-13)

Lot area per primary dwelling unit in the R-1 zone shall be not less than the minimum required lot area. This section shall not apply to second units in compliance with Chapter 17.22.

(Ord. No. 1336, § 1(Exh. A), 4-9-13)

Every lot in the R-1 zone hereafter created or reconfigured by lot line adjustment or otherwise, shall have:

A.

A width at the rear line of a twenty-five-foot front yard setback of not less than the following:

1.

Lots required to have a minimum lot area of less than nine thousand square feet: sixty feet;

2.

Lots required to have a minimum lot area from nine thousand up to but not including eleven thousand square feet: seventy feet;

3.

Lots required to have a minimum lot area from eleven thousand square feet up to but not including fifteen thousand square feet: eighty feet;

4.

Lots required to have a minimum area of or in excess of fifteen thousand square feet: ninety feet.

B.

An average width of not less than ten feet less than the required width appertaining to such lot, as set forth in subsection A. above.

C.

Frontage on a public street (or private street created in accordance with Section 16.32.030 of this code) of not less than the required width appertaining to such lot, as set forth in subsection A. above, except:

1.

For lots at the end of a cul-de-sac; or

Lots accessed by a shared private driveway (whether shared access easement or jointly-owned roadway lot) when all of the following are met:

a.

The shared private driveway shall be at least fifteen feet wide, or wider if required by fire code, and shall meet all other fire code requirements;

b.

To the extent feasible and compliant with fire and other applicable codes, the shared private driveway shall be constructed of permeable materials and/or have a rainwater catchment and detention system;

c.

The shared private driveway shall be the sole means of vehicular access to the lots it crosses, and no such lot may have a separate driveway;

d.

Historic resources shall be preserved in accordance with Section 16.04.060 of this code, and to the extent practicable, all other existing primary structures shall be preserved;

e.

Public access to the shared driveway be maintained at all times, and such driveway shall not be gated or closed in any manner;

f.

The lot fronting the public street (or private street created in accordance with Section 16.32.030 of this code) shall have minimum frontage thereon as required above, and each lot shall have minimum frontage on the shared private driveway as required above as if the same where a public street, except for lots at the end of the shared private driveway;

g.

The shared private driveway shall be named and a street sign shall be installed where the same intersects a public street;

h.

All such shared private driveways shall be made subject to maintenance agreements, which shall be approved by the city and shall be recorded as to all properties having a maintenance responsibility therefor; and

i.

The city shall not be responsible for the maintenance of any shared private driveways.

The front of lots created by subdivisions using a shared private driveway in accordance with subsection C.2. above shall face the shared public driveway and the lot with frontage on a public street (or private street created in accordance with Section 16.32.030 of this code) shall be considered a reverse corner lot; provided however, that the front yard setback for such lots shall be at least fifteen feet from the edge of the shared public driveway, and for purposes of applying standards for walls and fences along the secondary street frontage, the same shall be treated as a primary front yard. Lot orientation and setbacks are illustrated on Diagram G.

DIAGRAM G

Example of Shared Private Driveway Subdivision on 320' X 105' Lot

==> picture [468 x 245] intentionally omitted <==

By way of illustration and not limitation of the foregoing, flag lot configurations and exclusive access easements for access to landlocked properties are prohibited in the R-1 zone for newly created lots and for newly configured lots resulting from lot line adjustments. Additionally, Diagram H is provided with examples of permissible and prohibited lot configurations.

DIAGRAM H

Lot Split Example Diagram

==> picture [468 x 528] intentionally omitted <==

Lot Split Example Diagram

==> picture [444 x 528] intentionally omitted <==

Lot Split Example Diagram

==> picture [444 x 450] intentionally omitted <==

Lot Split Example Diagram

==> picture [444 x 470] intentionally omitted <==

(Ord. No. 1336, § 1(Exh. A), 4-9-13; Ord. No. 1379, §§ 2, 3, 9-27-16)

Editor's note— Section 2 of Ord. No. 1379, adopted Sept. 27, 2016, changed the title of § 17.20.100 from "Newly created lots—Rear line width" to read as herein set out.

17.20.110 - Minor lot line adjustments.

Notwithstanding Section 17.20.100, a lot line adjustment may be approved by the director of planning and community preservation through a minor conditional use permit process in accordance with Section 17.60.055, provided that for each affected lot none of the (i) width at setback, (ii) average lot width, or (iii) street frontage are altered by more than ten percent.

(Ord. No. 1379, § 5, 9-27-16)

Editor's note— Section 3 of Ord. No. 1379, adopted Sept. 27, 2016, repealed former § 17.20.110, and section 5 of said ordinance enacted new provisions to read as herein set out. Former § 17.20.110 pertained to newly created lots—minimum average width, and derived from Ord. No. 1336, § 1(Exh. A), adopted April 9, 2013.

Editor's note— Section 4 of Ord. No. 1379, adopted Sept. 27, 2016, repealed former § 17.20.115 which pertained to flag lots and exclusive access easements—prohibited, and derived from Ord. No. 1375, § 3, adopted Feb. 9, 2016.

All buildings in the R-1 zone, including accessory buildings and enclosed porches, shall have a maximum lot coverage of forty percent of the area of the lot, and must also be within the allowable floor area as defined in Section 17.20.125.

(Ord. No. 1336, § 1(Exh. A), 4-9-13)

A.

Landscaping. A minimum of fifty percent of the front yard area shall be landscaped. Landscaping shall include plant materials such as trees, shrubs, vines, ground covers, flowers, and lawn, and shall exclude areas such as driveways, walkways, landings, porches, patios and similar areas.

B.

Standard Driveway Width. The standard width of a driveway serving a residential use shall be in accordance with Section 17.68 "Parking."

(Ord. No. 1336, § 1(Exh. A), 4-9-13; Ord. No. 1412, § 3(Exh. A), 5-14-19)

All lighting of the buildings, structures, landscaping, yards, parking areas, or similar facilities shall be in compliance with the city's "Dark Sky" objectives and policies. Lighting shall be shielded and directed downward to reflect away from adjoining properties.

(Ord. No. 1413, § 2, 5-28-19)

A.

For lots created or reconfigured by lot line adjustment or otherwise after October 27, 2016, allowable gross floor area on a single lot shall not exceed, either by addition or new construction, the amounts indicated in the following table:

B.

For all other lots, allowable gross floor area on a single lot shall not exceed, either by addition or new construction, the amounts indicated in the following table:

*For smaller lots where the maximum building floor area allows less than one thousand square feet, a maximum one thousand square feet is permissible if all other zoning standards can be met.

C.

The calculation of allowable gross floor area shall include all areas that are considered gross floor area under Section 17.20.015 of this title.

(Ord. No. 1336, § 1(Exh. A), 4-9-13; Ord. No. 1364, § 4, 5-12-15; Ord. No. 1379, § 6, 9-27-16)

Editor's note— Section 5 of Ord. No. 1364, adopted May 12, 2015, repealed former § 17.20.130, which pertained to minimum dwelling floor area and derived from Ord. No. 1336, § 1(Exh. A), adopted April 9, 2013.

Editor's note— Section 6 of Ord. No. 1364, adopted May 12, 2015, repealed former § 17.20.135, which pertained to gross floor area and derived from Ord. No. 1336, § 1(Exh. A), adopted April 9, 2013.

No dwelling in the R-1 zone shall have a width less than fifteen feet.

(Ord. No. 1336, § 1(Exh. A), 4-9-13)

The following regulations are limitations on, and are applicable to all uses in, the R-1 zone:

A.

Vehicles.

1.

Parking of Vehicles. No person shall park any vehicle or any component thereof, for any purpose, in any front or side yard area on any lot, except in driveway areas.

2.

Repair, Dismantling or Storage of Vehicles. No person shall assemble, repair, dismantle or store any vehicle, other than as herein provided, on any part of any lot, unless such work is done:

a.

Within an enclosed building; or

b.

In an open area which is completely enclosed by view-obscuring walls, not less than six feet in height, or by exterior walls of a building or buildings.

3.

Exception. The prohibition imposed by subsection (A)(2) of this section shall not be deemed to apply to the occasional and incidental assembly or repair of vehicles owned by the persons in possession of the premises on which such takes place; provided, that a disabled vehicle which is being repaired or assembled shall not be stored except as provided in subsection (A)(2) of this section for a period longer than seven consecutive days within any thirty-day period.

B.

Tents and canopies pursuant to the provisions of Section 15.04.050 of Title 15.

(Ord. No. 1336, § 1(Exh. A), 4-9-13)

17.20.160 - Single-family residence construction requirements for pre-fabricated homes.

Pre-fabricated (i.e. modular) homes in the R-1 zone shall be subject to the following standards:

A.

Every single-family dwelling shall have exterior walls of brick, wood, stucco, metal, concrete or other similar material. Reflective, roll-formed type metal siding is prohibited.

B.

Landscaping. All open areas visible from a street shall be appropriately landscaped. Such landscaping may include grass, flowers, shrubs, trees and ground cover. All landscaped areas and materials shall be regularly and properly maintained.

(Ord. No. 1336, § 1(Exh. A), 4-9-13)

17.20.170 - Development or construction site standards.

The following standards apply to development or construction in the R-1 zone:

A.

Construction sites shall be maintained free and clear of attractive nuisances and debris and/or fences as determined by the building inspector.

B.

The residential character of neighborhood to be maintained during construction as to not to become an attractive or public nuisance, due to storage of material, parking or activities of the contractor employees.

C.

Temporary services on-site, shall be ten feet behind the property line, i.e., portable toilet facilities.

D.

Rubbish and refuse service with city contractor shall be required at the time the building permit is issued. Service may be weekly pickup service if accessible by a public street, or by scout or commercial service as otherwise authorized.

E.

Contractors, subcontractors shall be required to have a completed subcontractors list for all services and trades and business licenses obtained prior to any construction or request for inspection. Where work for which a permit is required wherein the work has started or has proceeded prior to obtaining said permits or business licenses, the permit fees shall be doubled pursuant to Chapter 15.04 of this code.

F.

Use of the public right-of-way for storage, work, staging, or off-loading requires a permit and approval in advance of any activity pursuant to Chapter 12.12 of this code.

G.

The public right-of-way, if improved and in place, or at the entry to the project from an existing street, shall be cleaned each evening by the contractor. Clean up shall include, but not be limited to, streets, roadways, gutters, sidewalks, and parkways.

H.

Violation of subsections (A) through (G) of this section may result in the issuance of a stop work order by the building inspector. Work so halted shall have the right of due notice and an administrative hearing upon request.

(Ord. No. 1336, § 1(Exh. A), 4-9-13)

Chapter 17.22 - ACCESSORY DWELLING UNITS[[3]]

Sections:

Footnotes:

--- ( 3 ) ---

Editor's note— Section 3(Exh. 2) of Ord. No. 1454, adopted May 24, 2022, amended Ch. 17.22 in its entirety to read as herein set out. Former Ch. 17.22, §§ 17.22.010—17.22.190 pertained to second units and derived from Ord. No. 1383-U, adopted Dec. 13, 2016; Ord. No. 1404, § 1, adopted Oct. 19, 2018; Ord. No. 1412, §§ 4, 5(Exh. A), adopted May 14, 2019; and Ord. No. 1418-U, § 3, adopted Dec. 10, 2019.

The purpose of this chapter is to implement the requirements under Government Code Sections 65852.2 and 65852.22 for accessory dwelling units and junior accessory dwelling units. If Government Code Sections 65852.2 or 65852.22 are ever repealed or deemed to be unconstitutional or no longer in effect, this chapter of the code shall automatically be repealed.

Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, shall be considered a residential use that is consistent with the existing general plan and zoning designation for the lot and shall not be considered to exceed the allowable density for the lot upon which the accessory dwelling unit is located.

(Ord. No. 1454, § 3(Exh. 2), 5-24-22)

Nothing in this chapter shall be construed to mean that an accessory dwelling unit or junior accessory dwelling unit is at all times exempt from any other section of this code, as applicable.

Although this chapter permits the new construction of an accessory dwelling unit or junior accessory dwelling unit that may exceed otherwise allowable zoning requirements for lot coverage, open space, floor area and front setback, or structure conversion, such an accessory dwelling unit or junior accessory dwelling unit, once permitted and built, may preclude the addition, expansion or enlargement of the primary dwelling unit or accessory structure otherwise permitted or conditionally permitted prior to the permitting of said accessory dwelling unit.

Section Footnotes:

Example 1: The new construction of an eight hundred square foot accessory dwelling unit increases the gross floor area of a property in the R- 1 zone to a number equal to the maximum allowed in the R-1 zone. Future additions, expansions and enlargements are no longer possible

without removal of floor area to compensate the addition, expansion or enlargement.

Example 2: The conversion of a two-car garage to an accessory dwelling unit or junior accessory dwelling unit, located on a lot in the R-1 zone, creates a nonconformity with the Parking Code (Chapter 17.68) where the minimum requirement for parking is the provision for two covered spaces. Bedroom additions in the R-1 zone are required to meet compliance with the Parking Code and thus the size of the bedroom addition would be limited or entirely precluded to necessitate the additional area for a garage or carport.

(Ord. No. 1465, § 2, 3-28-23)

One accessory dwelling unit and one junior accessory dwelling unit shall be permitted within zones that permit or conditionally permit residential uses with the following limitations:

1.

Except as provided by Government Code Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence;

2.

The lot includes a proposed or existing dwelling;

3.

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

4.

Neither the primary residential dwelling unit nor the accessory dwelling units shall be a mobile home, trailer, or vehicle; and

5.

Manufactured homes and modular dwelling units mounted to a permanent foundation shall be permitted as an accessory dwelling, unit or as a junior accessory dwelling unit when proposed as part of a primary dwelling unit that is a manufactured home or modular dwelling unit.

(Ord. No. 1454, § 3(Exh. 2), 5-24-22; Ord. No. 1465, § 3, 3-28-23)

17.22.030 - Development standards.

A.

Building and Design Standards.

For an attached unit, the exterior materials, windows and other architectural features shall match the existing structure by employing the same building form, color tones, window design, door and window trims, roofing materials and roof pitch, except as stated otherwise in this subsection.

2.

No roof decks are permitted on any accessory dwelling unit or junior accessory dwelling unit.

B.

Fire Safety Standards.

1.

Fire Sprinklers. The construction of an accessory dwelling unit or junior accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing single family, multifamily, or primary dwelling. Unless otherwise required by the fire department, the installation of a fire sprinkler system in an accessory dwelling unit or junior accessory dwelling unit shall not be required except in the following circumstances.

(i)

Where a fire sprinkler system has been installed in the primary residence.

(ii)

Where a fire sprinkler system is required to be installed in the primary residence.

2.

All new dwelling units are required to comply with Chapter 15.24 of this code.

3.

Where two dwelling units are configured as sharing a common wall, a one-hour fire wall between the units is required.

4.

All new accessory dwelling units are required to use fire-resistant building materials.

5.

All new accessory dwelling units are required to comply with Chapter 8.36 (Hazardous Brush Clearance).

C.

Floor Area Standards.

1.

An attached accessory dwelling unit shall not exceed fifty percent of the existing living area (including a habitable basement and attic) of the single family dwelling.

2.

The total floor area for a detached or attached accessory dwelling unit shall not exceed one thousand two hundred square feet.

3.

The maximum floor area for a junior accessory dwelling unit shall not exceed five hundred square feet.

4.

The minimum floor area for a detached or attached accessory dwelling unit shall be governed by California Building Code Section 1207.

5.

Except as provided by Section 17.22.060, the total floor area of all buildings on the lot, including the accessory dwelling unit, shall not exceed the maximum floor area otherwise allowed in accordance with this title.

D.

Height Standards.

1.

For a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit, the height shall not exceed sixteen feet.

2.

Where the height of an existing building exceeds sixteen feet, the conversion of that building to an accessory dwelling unit, in whole or in part, shall not exceed the existing height.

3.

For a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one 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, the height shall not exceed eighteen feet. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

4.

A detached accessory dwelling unit shall be allowed an additional two feet of height, not to exceed eighteen feet in total, if all of the following conditions are met:

a.

There is more than one dwelling unit on the property; and

b.

The main building on the property is more than one story

5.

For an accessory dwelling unit that is attached to a primary dwelling, the height shall not exceed the lesser of twenty-five feet or as governed by the applicable zoning requirements.

6.

This section shall not be construed to allow an accessory dwelling unit to exceed two stories.

E.

Lot Coverage Standards. Except as provided by Section 17.22.060, the lot coverage standards in this chapter shall be governed by the lot coverage standards in the underlying zone.

F.

Parking Standards.

1.

One on-site parking space shall be designated for each accessory dwelling unit. In order to accommodate required parking on site, parking for an accessory dwelling unit may be allowed in setback areas (in locations determined by the city) and through tandem parking. In no event shall parking be allowed in a designated front yard landscaped area.

2.

When a garage, carport, or other covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an accessory dwelling unit, the required offstreet parking for the primary unit need not be replaced.

3.

Exemptions. No additional parking space is required for the accessory dwelling unit if any of the following is true:

(i)

The unit is located within one-half mile of a regularly scheduled public transit stop.

(ii)

The unit is located within a city council designated historic district.

(iii)

The unit is part of the existing legal primary residence or an existing legal accessory structure.

(iv)

On-street parking permits are required by the city but not offered to the occupant of the unit.

(v)

A publicly accessible and presently operating car share vehicle parking facility is located within one block of the unit.

(vi)

The unit is proposed in accordance with Section 17.22.060.

(vii)

The unit is a junior accessory dwelling unit.

(viii)

The unit is located in the R-1 (One-family Residential) or R-H (Hillside Management) zone.

(ix)

When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies at least one other criteria for exemption listed in this paragraph.

G.

Setback Standards.

1.

No setback shall be required for the conversion of an existing structure that is built to the same dimensions, including height, as the existing structure.

2.

A setback of no less than four feet from the side and rear lot lines shall be required for new construction or replacement structures.

(Ord. No. 1454, § 3(Exh. 2), 5-24-22; Ord. No. 1465, § 4, 3-28-23)

A.

Prior to the approval of an accessory dwelling unit permit for the conversion of an existing structure for which there is no record of a building permit being issued, satisfactory completion of a safety inspection by

the city's building official and fire department is required. An applicant must commit to upgrade the accessory dwelling unit to health and safety codes in order to be granted approval of an accessory dwelling unit permit, including without limitations the following items:

1.

Independent entrance to accessory dwelling unit.

2.

Direct access to exterior of building from bedroom (door or window).

3.

Adequate light and ventilation in each habitable room.

4.

Minimum seven-foot high ceiling in all rooms, kitchens, halls, and baths.

5.

Properly installed electrical wiring including separate access to electrical shut off.

6.

Structural Integrity:

(i)

Foundation not cracked, damaged, or shifting.

(ii)

Framing not sagging or deteriorated.

7.

Comfort Heating:

(i)

Heating as required per the building code.

(ii)

Separate access to gas shut-off, if applicable.

8.

Working Plumbing:

(i)

Kitchen and bathroom facilities with hot water.

(ii)

Water heater strapped and properly vented.

(iii)

Connection to approved sewage system.

9.

Fire Safety:

(i)

Hallways serving sleeping rooms must have smoke and carbon monoxide detectors.

(ii)

Each sleeping room must have a smoke detector.

B.

Once an inspection by the city's building official and fire department occurs, the applicant is required to correct those items that are identified as violating current health and safety codes for the structure's current use even in the event that the applicant decides to withdraw the accessory dwelling unit permit application.

C.

In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit that was built on or before May 24, 2022, the city, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code.

(Ord. No. 1454, § 3(Exh. 2), 5-24-22)

17.22.050 - Junior accessory dwelling units.

A.

The owner must reside in either the single-family dwelling or within the newly created junior accessory dwelling unit.

B.

All junior accessory dwelling units shall include, at a minimum, an efficiency kitchen and living area. It may include separate sanitation facilities or may share sanitation facilities with the existing structure.

C.

The junior accessory dwelling unit must include a separate entrance from the main entrance to the proposed or existing single-family residence.

D.

A junior accessory dwelling unit shall be constructed within the walls of a proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.

(Ord. No. 1454, § 3(Exh. 2), 5-24-22; Ord. No. 1465, § 5, 3-28-23)

A.

Notwithstanding any section of this chapter, the city shall approve an application for a building permit within areas zoned to allow single-family or multi-family dwelling residential use to create any of the following:

1.

One accessory dwelling unit and/or one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following conditions are met:

(i)

The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a singlefamily dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one-hundred fifty square feet beyond the same physical dimensions as the existing accessory structure (an expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress);

(ii)

The space has exterior access from the proposed or existing single-family dwelling;

(iii)

The side and rear setbacks are sufficient for fire and safety; and

(iv)

The junior accessory dwelling unit complies with the requirements of Section 17.22.050.

2.

One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks, a total floor area of eight hundred square feet, and a height as defined in Section 17.22.030(D) of

this Chapter for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in paragraph (1).

3.

Multiple accessory dwelling units within the 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 unit complies with state building standards for dwellings. One accessory dwelling unit within an existing multifamily dwelling and up to twenty-five percent of the existing multifamily dwelling units may be permitted.

4.

Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit as defined in Section 17.22.030(D) of this chapter and four-foot rear yard and side setbacks. If the existing multifamily dwelling has a rear or side setback of less than four feet, no modification of the existing multifamily dwelling shall be required as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph.

B.

A permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit shall not require the correction of existing nonconforming zoning conditions.

C.

The installation of fire sprinklers shall not be required in an accessory dwelling unit or junior accessory dwelling unit if sprinklers are not required for the primary residence.

(Ord. No. 1454, § 3(Exh. 2), 5-24-22; Ord. No. 1465, § 6, 3-28-23)

All accessory dwelling units and junior accessory dwelling units shall have the utilities be connected to the primary dwelling. The city shall not impose a related connection fee or capacity charge, unless the accessory dwelling unit or junior accessory dwelling unit was constructed with a new single-family dwelling.

(Ord. No. 1454, § 3(Exh. 2), 5-24-22)

Neither an accessory dwelling unit nor a junior accessory dwelling unit may be owned or sold separately from the primary dwelling unit.

(Ord. No. 1454, § 3(Exh. 2), 5-24-22)

A.

As a prerequisite to obtaining a building permit, the applicant for an accessory dwelling unit permit shall record a covenant or deed restriction specifying that the accessory dwelling unit will at all times comply with the provisions of this chapter and applicable state law. The recorded covenant shall run with the land, shall set forth the requirements of this chapter, shall contain provisions implementing the requirements of this chapter and the terms of the recorded covenant, and authorizing the city to abate any violation of this chapter at the cost of the then owner, including that the city may record a lien to recover the cost of such abatement proceedings including all reasonable administrative costs in connection therewith.

(Ord. No. 1454, § 3(Exh. 2), 5-24-22)

A.

Application Contents. A complete application for an accessory dwelling unit permit shall include the following:

1.

A vicinity map reflecting a one-half mile radius street system surrounding the project site, with the project site identified;

2.

A project data table containing the following information:

(i)

Total area of the site in square feet;

(ii)

Gross and net building area calculations of (a) existing and proposed square footage, and (b) existing and proposed number of buildings and dwelling units;

(iii)

Existing building construction dates;

(iv)

Existing and proposed vehicular parking spaces reflecting the minimum number required by this title;

(v)

Existing and proposed floor area ratio, including the maximum allowed by this title. Floor area ratio is the total floor area of all buildings including garages and other nonhabitable areas, and each floor within, divided by the total area of the lot, as a percentage;

(vi)

Existing and proposed lot coverage, reflecting the maximum allowed by this title;

(vii)

Existing and proposed building heights and number of stories;

(viii)

Total area of the project site proposed to be dedicated towards landscaping, if any;

(ix)

Total area of the project site proposed to be dedicated towards hardscape/paving, if any;

(x)

Existing zoning and land use designation;

(xi)

Existing and proposed Universal Building Code occupancy group classifications and construction types for each building;

3.

A site or plot plan of the existing conditions of the subject property drawn to a scale no greater than onequarter inch to one foot and not less than a scale of one inch to one hundred feet, reflecting the following information:

(i)

Property lines and adjoining sidewalks and streets.

(ii)

Existing structures — location, outside dimensions and use of all existing buildings and structures including building features such as elevated porches and outside stairs.

(iii)

Existing trees with accurate canopies depicted, numbered to correspond to the tree survey provided and indicating those that are protected by the tree preservation and protection ordinance and those that are proposed to be removed, retained or relocated.

(iv)

Existing landscaped areas.

(v)

Existing paved areas.

(vi)

Existing fences, walls or retaining walls.

(vii)

Footprints of adjacent buildings on abutting property.

4.

A site or plot plan of the proposed conditions of the subject property drawn to a scale no greater than onequarter inch to one foot and not less than a scale of one inch to one hundred feet, reflecting the following information:

(i)

All information listed on the existing site plan that is proposed to remain.

(ii)

If on-site structure or tree relocation is proposed, depict the proposed new locations.

(iii)

For additions and new construction, clearly indicate location, outside dimensions and use of proposed new construction.

(iv)

Indicate proposed location of electrical vault, gas and electrical meters, fire sprinkler valves, backflow preventer, HVAC condensers, and any other ground-level mechanical equipment, including proposed method of screening from public view.

5.

Existing floor plan for each floor of buildings proposed to be affected by the project, including the following information and clearly indicating any walls, windows, doors or other building elements proposed to be removed or altered (not required for projects proposing demolition of all existing structures):

(i)

Exterior and interior walls of the affected structure.

(ii)

Attached exterior features such as awnings, canopies or balconies.

(iii)

Locations and sizes of all window and door openings.

6.

Proposed floor plan for each floor of buildings proposed to be affected by the project or for proposed new buildings, including the following information:

(i)

All information listed on the existing floor plan that is proposed to remain or for each floor of proposed new buildings.

(ii)

Clearly indicate all proposed new walls, windows, doors or other features.

(iii)

Include callouts to locations of building sections provided.

7.

Existing roof plan for buildings proposed to be affected by the project, including the following information and clearly indicating any areas or features of the roof proposed to be removed or altered (not required if no changes are proposed to be made to the roof or for projects proposing demolition of all existing structures):

(i)

Ridges and valleys of the existing roof.

(ii)

Direction and pitch of roof slopes.

(iii)

Existing roof materials.

(iv)

Existing eaves or parapets, including any exposed rafters, beams, brackets fasciae, gutters and other features of the roof.

8.

Proposed roof plan for buildings proposed to be affected by the project, including the following information, if changes to the roof are proposed or for proposed new construction:

(i)

All information listed on the existing roof plan that is proposed to remain or that is proposed for new construction.

(ii)

Clearly indicate new roof areas and new roof features.

(iii)

Proposed locations of all exterior rooftop mechanical equipment.

9.

Existing building elevations for building facades proposed to be affected by the project, including the following information and clearly indicating any features proposed to be removed or altered (not required for projects proposing demolition of all existing structures):

(i)

Accurate depiction of affected facades including roof form, eaves or parapets, building walls, window and door openings and detailing, foundations and all architectural features including awnings, canopies, bulkheads, cornices, gutters, downspouts and other architectural details on the façade.

(ii)

Depict and call out all existing exterior façade materials and features.

(iii)

Call out building heights.

(iv)

For projects proposing replacement of historical exterior materials, provide accurate representation, dimensions and finishes of existing materials proposed to be replaced.

10.

Proposed building elevations in color and black and white including courtyard or other secondary elevations with the following information:

(i)

All information listed on the existing building elevations that is proposed to remain or for proposed new construction.

(ii)

For alterations of existing buildings, clearly indicate new façade elements, window or door openings, light fixtures, etc.

(iii)

For additions, clearly demarcate the location of existing walls and new walls.

(iv)

For new construction, provide:

(a)

Elevations of existing buildings adjacent to front elevation.

(b)

Locations of through-the-wall mechanical vents.

(c)

Locations of downspouts and drainage outlets or scuppers.

(d)

Locations of lighting fixtures.

(v)

Include callouts to locations of wall sections provided.

(vi)

Street elevation drawing or photographic rendering of proposed elevation and adjacent building(s) on abutting property, to scale.

11.

Proposed building and site sections (cross and longitudinal, for new construction, referenced to callouts provided on the proposed floor plans):

(i)

Building walls (including freestanding walls).

(ii)

Floor-to-floor dimensions.

(iii)

Cut, fill, and spot elevations, as required.

12.

Phasing plan (for multi-phased projects) depicting all elements of the project proposed to be completed within each construction phase.

Proposed landscape plan (not required for projects not proposing any changes to landscaping or hardscaping):

(i)

Planting plan showing location, spacing, common name, botanical name, container size, quantity of all proposed new plant material, with distinct plant symbols for each specimen.

(ii)

Landscape construction plan with dimensions, materials, finishes (drawings, manufacturer specifications, and/or photographs of an existing installation).

(iii)

Hardscape details including paving, trash enclosure, raised planters, water features, fences, walls, site furniture, etc.

(iv)

Exterior lighting including type of fixture and manufacturer specifications.

(v)

Existing trees proposed to remain (trees with a four-inch diameter or greater shall be identified by species and diameter-at-breast height).

(vi)

Tree protection plan if existing public or private protected trees are proposed to be retained during construction.

14.

Manufacturer's specifications (e.g., brochures/cut-sheets) for new manufactured features including new windows, doors, light fixtures, vent/drain caps, etc. including materials, finishes and colors.

15.

Materials palette (digital) including images, manufacturer and product name/number and finishes and textures for all proposed exterior materials including cladding, accent materials, proposed color/paint and fabric swatches.

16.

Project Site Context. Color photographs of the existing project site taken from various vantage points from the street and from within the project site showing the existing structure(s), tree(s), and other existing site improvements. Provide full elevation photographs of all site structures including detailed images of affected architectural features proposed for alteration.

Neighborhood Context. Color photographs of existing buildings on both sides of the street on which the project is proposed, between two cross streets. Photographs should identify the address of the property depicted and should be taken perpendicular to the building. If the project is on a corner lot, photographs should include both streets.

18.

Photographic key map indicating from where and at what angle the photographs were taken. All photographs provided should be labeled to correspond to the locations on the photographic key map.

B.

Procedure.

1.

The director shall complete the review of the application for an accessory dwelling unit permit and/or junior accessory dwelling unit permit within sixty days of receipt of a complete submission. Review of, and the approval or denial of, an application for an accessory dwelling unit permit by the city is a ministerial action. The director shall not approve an application for an accessory dwelling unit permit or issue an accessory dwelling unit permit unless the proposed accessory dwelling unit complies with the requirements of this chapter. All proposed accessory dwelling units are subject to review for compliance with the terms of this chapter by the director of planning and community preservation.

2.

If the director denies an application for an accessory dwelling unit or junior accessory dwelling unit, the director shall, within the time period described in this subsection, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

3.

If the applicant has taken no action to remedy the defective or deficient application within one year from the date the written comments were provided to the applicant, the application shall be considered abandoned and withdrawn for consideration.

4.

If the director has not approved or denied the application within sixty days, the application shall be deemed approved.

5.

For the purposes of this subsection, an application being deemed incomplete has the same effect as an application being denied.

C.

The decision of the director shall be final and conclusive. An applicant who obtains an accessory dwelling unit permit shall be required to obtain a building permit for the accessory dwelling unit.

D.

A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed, in accordance with Code Section 15.04.115 (Section 105.7 Demolition Permits), with the application for the accessory dwelling unit and issued at the same time.

E.

A certificate of occupancy for an accessory dwelling unit or junior accessory dwelling unit shall not be issued before the issuance of a certificate of occupancy for the primary dwelling.

(Ord. No. 1454, § 3(Exh. 2), 5-24-22; Ord. No. 1465, § 7, 3-28-23)

A.

An accessory dwelling unit permit validly issued pursuant to this chapter shall terminate when any one or more of the following occur:

1.

The permit has been abandoned, discontinued or is not used within one year from the date of permit issuance;

2.

The accessory dwelling unit owner files a declaration with the director that the permit has been abandoned or discontinued; or

3.

The permit has been revoked because it was obtained by fraud or misrepresentation or failed to abide by the terms of this chapter, this code, or applicable state or federal law.

B.

If a permit is terminated pursuant to subsection (A), then any improvement related to a permit for accessory dwelling unit shall be removed from the property.

(Ord. No. 1454, § 3(Exh. 2), 5-24-22)

A.

An accessory dwelling unit application must be submitted to the city along with the appropriate fee as established by the city council by resolution in accordance with applicable law.

B.

The city will not consider an accessory dwelling unit or junior accessory dwelling unit to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.

C.

The city shall not impose any impact fee upon the development of an accessory dwelling unit less than seven hundred fifty square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more may be charged proportionately in relation to the square footage of the primary dwelling unit.

D.

The city may charge a fee to inspect an accessory dwelling unit or junior accessory dwelling unit to determine compliance with applicable building standards in accordance with Section 17.22.040.

(Ord. No. 1454, § 3(Exh. 2), 5-24-22)

A.

An accessory dwelling unit or junior accessory dwelling unit may be rented for terms no less than thirty days. The person or party responsible for ownership of property that has an accessory dwelling unit or junior accessory dwelling unit shall obtain and maintain an annual business license, in accordance with Title 5, for dwelling accommodations when actively renting or advertising the rental of the dwelling unit.

B.

No accessory dwelling unit or junior accessory dwelling unit shall be used or advertised as a short-term rental.

(Ord. No. 1454, § 3(Exh. 2), 5-24-22; Ord. No. 1465, § 8, 3-28-23)

17.22.140 - Historic preservation.

A.

If a project proposes to demolish a structure and the structure is of the type protected under Section 17.60.056 of this code, the applicant will prepare a written historic assessment or survey as described in paragraph D of Section 17.60.056 of this code.

B.

All historic assessments or surveys shall be prepared in the form of State of California Department of Parks and Recreation Series 523 Forms and shall further report a status code of eligibility as a historic resource according to the California Office of Historic Preservation.

C.

When a historic assessment or survey results in a status code of categories one through five, inclusive, the applicant is required to obtain a Historic Resource Design Review prepared by a historian certified by the Secretary of Interior Professional Qualification Standards for the treatment of historic properties selected at the discretion of the city. The Historic Resource Design Review will list measures to mitigate the harmful impact of the proposed project on the historic structure and those mitigation measures will be made a condition of approval of the accessory dwelling unit permit.

D.

When a historic assessment or survey results in a status code of category six, an applicant may proceed in accordance with this chapter.

E.

When a historic assessment or survey results in a status code of category seven, the property shall be reevaluated according to the missing criteria identified in such report; the application shall be deemed incomplete until a historic assessment or survey results in a status code of categories one through six.

(Ord. No. 1454, § 3(Exh. 2), 5-24-22)

A.

When the director of public works determines that an application for an accessory dwelling unit permit requires removal or substantial trimming of a protected tree, as defined in Section 12.20.020 of this code, a certified arborist selected by the city and paid for by the applicant shall prepare a tree survey and arborist report in accordance with paragraph A of Section 12.20.115 of this code.

B.

The arborist report will list measures to mitigate the harmful impact of the proposed project on the protected trees and those mitigation measures will be made a condition of approval of the accessory dwelling unit permit.

C.

Prior to the removal or substantial trimming of any protected tree, the applicant must obtain a permit and pay all accompanying fees.

(Ord. No. 1454, § 3(Exh. 2), 5-24-22)

Chapter 17.24 - R-2 TWO-FAMILY RESIDENTIAL ZONE

Sections:

17.24.010 - Purpose.

In order to provide for the development of light multiple residential areas and to maintain the integrity of existing light multiple residential areas within the city, the regulations set forth in this chapter shall be applicable to all properties classified in an R-2 zone.

(Prior code § 9300)

In an R-2 zone only the following uses are permitted as are hereinafter specifically provided and allowed:

A.

Any use permitted in the R-1 one-family residential zone;

B.

Two-family dwellings or duplexes; provided, that a second one-family dwelling will be allowed when one existed on the rear half of a lot on the effective date of the ordinance codified in this title, provided all yard requirements are conformed to; provided further, that the space between such one-family dwellings on the lot and the distance between the rear lot line and the rear dwelling shall each be not less than twice the required side yard;

C.

Signs, subject to the regulations of this title;

D.

A conditional use permit shall be required for any development, enlargement, or alteration of subsections (B) or (C) of this section.

E.

Transitional and supportive housing.

F.

Modular and manufactured homes as a type of dwelling unit, one per dwelling unit.

G.

Family daycare homes, one per dwelling unit.

(Ord. 1038 § 2, 1988; Ord. 1033 § 2, 1987; Ord. 996 § 5, 1982; prior code § 9301)

(Ord. No. 1352, § 5, 2-11-14; Ord. No. 1441, §§ 2—4(Exh. B), 5-11-21)

All premises in the R-2 zone shall comply with the standards of development set forth in the following sections.

(Prior code § 9302 (part))

No building shall exceed two stories or thirty feet in height, whichever is lesser in accordance with the definition for "height" set forth in Section 17.08.020.

(Ord. 1033 § 1, 1987: prior code § 9302(a))

Every lot in the R-2 zone shall have a front yard not less than twenty-five feet in depth.

(Prior code § 9302(b))

17.24.060 - Side yards.

A.

Interior lots and corner lots shall have a side yard on each side of the lot of ten percent of the width of the lot, provided such side yard shall be not less than five feet in width and need not exceed ten feet in width.

B.

Reversed corner lots shall have the following side yards:

1.

Where the side lot adjoins another lot there shall be maintained a side yard not less than ten percent of the width of the lot, provided such side yard shall be not less than five feet in width and need not exceed ten feet in width.

2.

On the side street side, the side yard shall have a width of not less than twenty-five feet.

3.

If the rear of a reversed corner lot abuts upon property classified for "C" or "M" purposes, or abuts upon property occupied by a nonconforming "C" or "M" use having an unamortized life of more than ten years, then the provisions governing side yards on a corner lot shall apply to the reversed corner lot.

(Prior code § 9302(c))

Every lot shall have a rear yard of at least fifteen feet.

(Ord. 1084 § 2 (part), 1992: prior code § 9302(d))

The minimum required lot area in the R-2 zone shall be seven thousand five hundred square feet unless otherwise designated on the zoning map.

(Prior code § 9302(e))

The minimum lot area in the R-2 zone per dwelling unit shall be not less than one-half the required minimum area for a lot.

(Prior code § 9302(f))

Every lot hereafter created in the R-2 zone shall have a width of not less than sixty feet at the rear line of the required front yard.

(Prior code § 9302(g))

Each lot in the R-2 zone hereafter created shall have a minimum average width of not less than forty feet.

(Prior code § 9302(h))

All buildings, including accessory buildings and structures in the R-2 zone, shall not cover more than fortyfive percent of the area of the lot.

(Prior code § 9302(i))

17.24.130 - Placement of buildings.

Placement of buildings on any lot shall conform to the following:

A.

No building may occupy any portion of a required yard.

B.

No building used for human habitation may be located closer to the rear property line of any R-2 lot than a distance of twenty feet.

C.

The distance between any buildings used for human habitation shall be twice the required side yard. The distance between a main building and an accessory building shall be not less than five feet.

D.

Any building used for the storage of vehicles and having access from any alley, shall maintain a distance of not less than five feet from such alley.

E.

No building may be erected over any easement dedicated for public or utility uses.

(Prior code § 9303)

All lighting of the buildings, structures, landscaping, yards, parking areas or similar facilities shall be in compliance with the city's "Dark Sky" objectives and policies. Lighting shall be shielded and directed downward to reflect away from adjoining properties.

(Ord. No. 1413, § 3, 5-28-19)

The following regulations are limitations on, and are applicable to, all uses in the R-2 zone:

A.

Vehicles.

1.

Parking of Vehicles. No person shall park any vehicle or any component thereof, for any purpose, in any front or side yard area on any lot, except in driveway areas.

2.

Repair, Dismantling or Storage of Vehicles. No person shall assemble, repair, dismantle or store any vehicle, other than as herein provided, on any part of any lot, unless such work is done:

a.

Within an enclosed building; or

b.

In an open area which is completely enclosed by view-obscuring walls, not less than six feet in height, or by the exterior walls of a building or buildings.

3.

Exception. The prohibition imposed by subsection (A)(2) of this section shall not be deemed to apply to the occasional and incidental assembly or repair of vehicles owned by the persons in possession of the premises on which such takes place; provided, that a disabled vehicle which is being repaired or assembled shall not be stored except as provided in subsection (A)(2) of this section for a period longer than seven consecutive days within any thirty-day period.

B.

Location of Garbage and Rubbish Receptacles and Containers. No garbage and rubbish receptacle or container shall be located in any front yard area on any property classified in this zone. No such rubbish or garbage receptacle or container shall be located in any side yard area so that the same is visible either from any public street abutting the lot upon which the same is placed or located. All receptacles or containers shall be maintained with lids closed, except for placement of materials within such containers.

(Ord. 1084 § 1 (part), 1992; Ord. 973 § 4 (part), 1980; prior code § 9304)

The following standards apply to development or construction in the R-2 zone:

A.

Construction sites shall be maintained free and clear of attractive nuisances and debris and/or fenced as determined by the building inspector.

B.

The residential character of neighborhood to be maintained during construction as to not to become an attractive or public nuisance, due to storage of material, parking or activities of the contractor employees.

C.

Temporary services on-site, shall be ten feet behind the property line, i.e. portable toilet facilities.

D.

Rubbish and refuse service with city contractor shall be required at the time the building permit is issued. Service may be weekly pickup service if accessible by a public street, or by scout or commercial service as otherwise authorized.

E.

Contractors, subcontractors shall be required to have a completed subcontractors list for all services and trades and business licenses obtained prior to any construction or request for inspection. Where work for which a permit is required wherein the work has started or has proceeded prior to obtaining said permits or business licenses, the permit fees shall be doubled pursuant to Chapter 15.04 of this code.

F.

Use of the public right-of-way for storage, work, staging, or off-loading requires a permit and approval in advance of any activity pursuant to Chapter 12.12 of this code.

G.

The public right-of-way, if improved and in place, or at the entry to the project from an existing street, shall be cleaned each evening by the contractor. Clean up shall include, but not be limited to, streets, roadways,

gutters, sidewalks, and parkways.

H.

Violations of subsections (A) through (G) of this section may result in the issuance of a stop work order by the building inspector. Work so halted shall have the right of due notice and an administrative hearing upon request.

(Ord. 1051 § 4 (part), 1989: prior code § 9305)

Chapter 17.28 - R-3-13 MEDIUM/HIGH DENSITY RESIDENTIAL ZONE[[4]]

Sections:

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 1389, Exh. A, § 15, adopted July 11, 2017, repealed Ch. 17.28 in its entirety and enacted new provisions to read as herein set out. Former Ch. 17.28, §§ 17.28.010—17.28.330 pertained to the R-3 Multiple Family Residential Zone, and derived from prior code, §§ 9350—9358; Ord. No. 973, § 3, adopted in 1980; Ord. No. 1031, § 1(part), adopted in 1987; Ord. No. 1084, § 1(part), adopted in 1992; Ord. No. 1234, § 3, adopted in 2005; Ord. No. 1352, § 6, adopted Feb. 11, 2014; and Ord. No. 1377, § 1, adopted July 12, 2016.

Editor's note— Ord. No. 1466, § 50, adopted March 28, 2023, amended the title of Ch. 17.28 to read as herein set out. The former Ch. 17.28 title pertained to R-3 Medium/High Density Residential Zone.

The purpose of the R-3-13 zone is to classify and set standards for orderly development of residentialmedium/high density areas in a manner that will be compatible with Sierra Madre's residential character and general community image. It is intended that this zone be utilized in areas where the city's circulation system will serve adequately these higher densities and most importantly in locations adjacent to the commercial facilities of the downtown area.

(Ord. No. 1389, Exh. A, § 15, 7-11-17; Ord. No. 1466, § 51, 3-28-23)

17.28.020 - Legal, nonconforming R-3-13 sites.

Parcels, structures and land uses on R-3-13 lots which were legally established under previous zoning and building codes may be continued indefinitely unless otherwise deemed to be discontinued or found to be in violation of public safety codes. (Also see Chapter 17.20 Nonconformities)

(Ord. No. 1389, Exh. A, § 15, 7-11-17; Ord. No. 1466, § 52, 3-28-23)

Editor's note— Ord. No. 1466, § 52, adopted March 28, 2023, amended the title of § 17.28.020 to read as herein set out. The former § 17.28.020 title pertained to legal, nonconforming R-3 sites.

17.28.030 - Rezoned, newly created or reconfigured lots.

A.

The city retains the authority to initiate a rezoning of any parcel of land in order to comply with the land use element of the general plan.

B.

Every lot in the R-3-13 zone which is not being rezoned pursuant to subsection A and is hereafter created or reconfigured by lot line adjustment or otherwise, or rezoned to R-3-13, shall have:

1.

Minimum lot dimensions/size: ninety feet in width; one hundred forty feet in depth; twelve thousand six hundred square feet;

2.

Location. Medium/high density-multiple family development shall be located with primary access to either the major or collector streets and in such an area that traffic generations attributed to such developments do not severely conflict with other community functions;

3.

Housing Need/Compliance with the General Plan. A demonstrated public need shall be established based upon determined demand, existing vacancy factor, and availability of land as determined by the city's adopted housing element;

4.

Utilities. It shall be determined if the existing utilities systems (water, sewer, drainage, electrical, gas and communications facilities) are adequate or new systems shall be constructed to adequately serve medium/high density multiple family residential developments.

(Ord. No. 1389, Exh. A, § 15, 7-11-17; Ord. No. 1466, § 53, 3-28-23)

17.28.040 - Development of lots or parcels with existing single-family structures.

A.

Reuse of existing single-family homes for single or multiple units on R-3-13 zoned parcels is encouraged.

B.

Preservation: Preservation and renovation of existing single-family units of historical character or of quality design is encouraged. Where existing homes are preserved and incorporated into the development, the design of the development should respect the character and siting of the home to minimize impact on the neighborhood. The planning commission may consider some relaxation of setback and other zoning

requirements for developments that incorporate existing units, providing that the development is not materially detrimental to adjoining properties.

(Ord. No. 1389, Exh. A, § 15, 7-11-17; Ord. No. 1466, § 54, 3-28-23)

17.28.050 - Permitted uses.

A.

In the R-3-13 zone only such uses are permitted as are hereinafter specifically provided and allowed:

1.

Dwelling units (attached or detached) according to the following maximum number of units per lot as follows:

a.

Tier 1: Lot area of up to six thousand seven hundred fifty square feet - one dwelling unit;

b.

Tier 2: Lot area if six thousand seven hundred fifty-one to eight thousand five hundred square feet - two dwelling units;

c.

Tier 3: Lot area of eight thousand five hundred one to eleven thousand square feet - three dwelling units;

d.

Tier 4: Lot area of eleven thousand one square feet and over - four dwelling units plus one unit for every three thousand three hundred fifty square feet of lot area in excess of eleven thousand square feet.

2.

One-story accessory buildings and uses customarily incidental to residential uses allowed in the R-3-13 zone, such as parking garages for residents, recreational facilities, guest houses, laundry-rooms, storage sheds, gazebos, etc.;

3.

A trailer used as a construction office or as a residence of the owner and his/her family during construction, but only while a building permit for the construction of one or more permanent residences is in full force and effect and in no event longer than one year.

4.

Transitional and supportive housing.

Residential care facilities (up to six residents).

6.

Modular and manufactured homes as a type of dwelling unit, one per dwelling unit.

7.

Family daycare homes, one per dwelling unit.

8.

Accessory dwelling units in accordance with Chapter 17.22.

(Ord. No. 1389, Exh. A, § 15, 7-11-17; Ord. No. 1441, §§ 2—4(Exh. B), 5-11-21; Ord. No. 1454, § 4(Exh. 3), 5-24-22; Ord. No. 1466, § 55, 3-28-23)

17.28.060 - Conditional use permit required.

A.

The following uses shall only be permitted with a conditional use permit, obtained in accordance with Chapter 17.60:

1.

Public parking areas not serving residential uses at the same site;

2.

Residential care facility, including drug and alcohol rehabilitation, recovery and treatment services (seven or more residents); and

3.

In R-E overlay zone only, small entrepreneurial businesses, service and professional offices.

B.

The following uses shall only be permitted with a minor conditional use permit, obtained in accordance with the procedures listed in Chapter 17.60:

1.

Swimming pools and sport courts; and

2.

Conversion of existing structures from fewer to more units.

(Ord. No. 1389, Exh. A, § 15, 7-11-17; Ord. No. 1441, § 2(Exh. B), 5-11-21; Ord. No. 1466, § 56, 3-28-23)

17.28.070 - Design review permit required.

A.

The following construction activities shall only be permitted with a design review permit, obtained in accordance with Chapter 17.60:

1.

For sites with fewer than two full dwelling units (i.e., with one dwelling unit or with one dwelling unit and a second unit), projects that result in aggregate floor area of all structures exceeding three thousand square feet (including new construction and additions);

2.

New construction or addition of one or more dwelling units that result in a site with three or more dwelling units (in other words, construction of three or more dwelling units on a vacant site, addition of two or more dwelling units on a site with one existing dwelling unit, or addition of any dwelling units on a site with two or more existing dwelling units);

3.

For sites with three or more existing dwelling units, additions of floor area in excess of one thousand square feet; and

4.

In R-E overlay zone only, new construction of primary structures for small entrepreneurial businesses, service and professional offices.

B.

The following construction activities shall only be permitted with an administrative design review permit, obtained in accordance with Chapter 17.60:

1.

Construction in excess of either one story or eighteen feet in height;

2.

New construction or addition of one or more dwelling units that result in a site with two full dwelling units (in other words, construction of two dwelling units on a vacant site, or addition of one dwelling unit to a site with one existing dwelling unit); and

3.

For sites with two or more existing dwelling units, additions of floor area in excess of five hundred square feet.

(Ord. No. 1389, Exh. A, § 15, 7-11-17; Ord. No. 1466, § 57, 3-28-23)

In addition to those specified in this chapter, a number of other uses and construction activities are allowed in the R-3-13 zone pursuant to, and in accordance with, other provisions of this title. Such uses and construction activities may be permitted of right or require discretionary review and approval in accordance with such other provisions. A subset of such uses and construction activities and their corresponding code references are listed below for reference purposes only.

1.

Demolitions — Section 15.04.115 and Section 17.60.056;

2.

Certain conditionally permitted uses — Section 17.60.030;

3.

Signs — Chapter 17.72;

4.

Bed and breakfast inns in historic landmarks — Section 17.82.065 (Note that except for the foregoing, tenancies shorter than thirty days are not permitted in the R-3-13 zone.);

5.

Home occupations — Chapter 17.85;

6.

Temporary uses — Chapter 17.88;

7.

Wireless communication facilities - Chapter 17.93; and

8.

Supportive housing, as defined in Government Code Section 65650, shall be a use by right under Government Code Section 65651.

(Ord. No. 1389, Exh. A, § 15, 7-11-17; Ord. No. 1441, § 5(Exh. B), 5-11-21; Ord. No. 1466, § 58, 3-28-23)

A.

Floor Area Ratio:

On lots with a gross lot area of less than ten thousand square feet or street frontage of less than fifty feet, the floor area of all above-ground buildings and structures (including garages and other non-habitable areas, but excluding basements and other fully subterranean areas) shall be limited to fifty-five percent of the gross lot area.

2.

On lots with a gross lot area of ten thousand square feet or greater and with a street frontage of fifty feet or greater, the floor area of all above-ground building and structures (including garages and other nonhabitable areas, but excluding basements and other fully subterranean areas) shall be five thousand five hundred square feet plus seventy percent of gross lot area in excess of ten thousand square feet.

3.

Notwithstanding paragraphs 1 and 2 above, on lots with (i) one dwelling unit, the floor area of all aboveground buildings and structures (including garages and other non-habitable areas, but excluding basements and other fully subterranean areas) shall be limited to thirty-five percent of the gross lot area, (ii) one dwelling unit and one second unit, the floor area of all above-ground buildings and structures (including garages and other non-habitable areas, but excluding basements and other fully subterranean areas) shall

be limited to forty percent of the gross lot area, and (iii) two dwelling units, the floor area of all aboveground buildings and structures (including garages and other non-habitable areas, but excluding basements and other fully subterranean areas) shall be limited to forty-five percent of the gross lot area.

B.

Maximum Building Coverage.

1.

Building coverage shall not exceed an aggregate of forty-five percent of the lot area. Covered area shall be considered to be the total amount of land covered by residential structures, garages, driveways, and other impermeable surfaces.

2.

Decks, permeable patios, porous paving areas, vegetated roof areas, recreational areas, pedestrian walkways and terraces shall not be considered covered areas for the purpose of this standard. An additional fifteen percent in covered area may be added to the aggregate, increasing it to sixty percent with the use of porous surfaces and/or vegetated roof areas.

C.

Maximum Building Height. No building shall exceed either thirty feet in height or two stories above grade (see illustration below).

==> picture [336 x 342] intentionally omitted <==

D.

Yard and Building Setbacks:

E.

Encroachments into setback areas:

1.

Garages and other one-story accessory structures may be constructed within three feet of a side or rear property line where the difference between adjoining grades does not exceed one foot and is not adjoining an R-1 zoned property.

2.

Walls and fences in accordance with Section 17.48.130.

3.

Balconies and Exterior Stairways. No more than one-half of the balconies and exterior stairways shall be permitted to project more than fifty percent of the minimum setback requirement into any required setback areas. The minimum setback from any property line abutting R-1 zoned property shall be ten feet.

4.

Swimming pools, hot tubs, spas and similar recreational facilities may be located no closer than five feet from the rear or side property lines, or twenty-five feet from the front property line.

5.

Other projections as allowed in accordance with Section 17.48.120.

F.

Site Design Requirements.

1.

Siting: Building siting should:

a.

Maximize privacy through placement of windows, balconies, landscaping, and design of outdoor spaces;

b.

Be related to nearby buildings as well as adjacent parcels;

c.

Be oriented to face the street, avoiding views from the street of parking garages and alleys;

d.

Minimize negative impact on views from adjacent properties;

e.

Be oriented to encourage use of outdoor areas and to be compatible with adjoining building orientation; and

f.

Cluster buildings and modulate architectural elements to provide pleasing and useful ground level and above ground spaces.

2.

Utilities: All utilities shall be placed underground.

3.

Landscaping: Landscaping should be designed to minimize impact of development on surrounding properties. Tree preservation and landscaping with specimen trees are encouraged.

4.

Contextual design: Building forms and details should be in keeping with adjacent neighborhood character, where appropriate. Where possible, existing single-family houses should be preserved.

5.

Building materials: Materials, colors and textures generally should be compatible with those of adjacent and other nearby buildings and the overall character of the neighborhood.

6.

Paving: Use of decorative and permeable materials is encouraged.

7.

Angle-plane: For yards abutting an R-1 zoned lot, an encroachment limit shall be established which is determined at a point twenty feet above the existing ground level at the setback line as required by subsection D above, and using a forty-five-degree angle inwards toward the property to create additional setback (see illustration below).

==> picture [337 x 312] intentionally omitted <==

8.

Articulation: Articulation of exterior walls is encouraged. In no event shall a linear wall of a second story extend longer than thirty-five feet without an offset of a minimum of five feet for a minimum linear distance of ten feet (see illustration below).

==> picture [336 x 280] intentionally omitted <==

9.

Screening: Parking areas, refuse storage, mechanical equipment and the like shall be screened by some combination of walls, plantings or earthworks.

10.

Design guidelines: From time to time, the planning commission may promulgate and maintain site design and massing guidelines for use by applicants and the city to guide appropriate development in the R-3-13 zone.

(Ord. No. 1389, Exh. A, § 15, 7-11-17; Ord. No. 1455, § 3(Exh. B), 5-24-22; Ord. No. 1466, §§ 59—61, 3-2823)

Five hundred square feet per dwelling unit of on-site open space shall be provided for use by residents. Such open space may be located on the ground floor or above, and may be met with a combination of common open space and private open space. In order to be counted toward the open space requirement, the minimum width and length of each space shall be ten feet for common spaces and five feet for private spaces. Driveways and other vehicular access areas shall not count toward the open space requirement.

(Ord. No. 1389, Exh. A, § 15, 7-11-17)

17.28.100 - Off-street parking requirements.

A.

Off-street parking shall be provided as follows:

1.

One enclosed or covered space for each studio or one-bedroom unit;

2.

Two enclosed or covered spaces for all units with two or more bedrooms;

3.

For sites with five or more dwelling units, guest parking shall be required at a ratio of one unenclosed parking space for every increment of five units;

4.

On-street parking shall not be used to satisfy any of the above open parking requirements.

B.

Parking and Vehicular Storage. The following standards shall apply to automobile parking facilities and vehicular storage:

Automobile parking facilities:

a.

Fully enclosed garages shall be provided for any required covered parking space that is entered directly from any public alley.

b.

Open parking compounds shall be screened from adjacent property lines.

c.

The arrangement of garage facilities shall be such that they do not face toward any public street or that they shall be screened from view.

d.

Each dwelling unit shall have an assigned, enclosed parking space within five hundred feet walking distance of such unit.

2.

Paving. A minimum of fifty percent of those areas normally covered with an impermeable surface shall be required to be covered or paved with a permeable surface.

C.

Except as herein specified, parking shall be designed in accordance with Chapter 17.68 generally and Chapter 17.22 for second units.

D.

Driveway Requirements.

1.

Each driveway to a garage or parking space shall be at least twelve feet uniform width and shall be totally unobstructed from the pavement upward.

a.

If any driveway serves as access to more than twelve dwelling units, such driveway shall be not less than twenty feet uniform width and shall be totally unobstructed from the pavement upward; provided, however, that utility poles, guy wires and anchors may be located within two feet of the property line.

b.

Eaves, no portion of which are less than thirteen feet above the pavement, may overhang any such driveway a distance of not more than three feet; and utility pole cross-arms and utility service wires may be located not less than thirteen feet in height above the paved surface of any driveway.

c.

Two, twelve-foot driveways may be provided in lieu of a required twenty-foot driveway, in which event one shall be marked "entrance" and one "exit" and all regulations herein before provided with respect to ten and one-half foot driveways shall apply to each of such driveways.

d.

Every driveway shall be surfaced in a manner that is acceptable to the Fire Department.

e.

On shared driveways, "No Parking" signs with lettering not less than two inches in height shall be placed conspicuously at the entrance to and at intervals of not less than one hundred feet along every required driveway.

2.

No person shall park, stand, or leave any vehicle in any portion of a shared driveway except for the purpose of and during the process of loading or unloading passengers or merchandise, and then only while such vehicle is attended by the operator thereof.

3.

Parking height: Structures used principally for parking shall not be higher than one story. Parking shall not be permitted above ground level.

(Ord. No. 1389, Exh. A, § 15, 7-11-17)

A.

All open areas with the exception of vehicular accessways and parking areas, pedestrian walkways and paved and/or covered recreational facilities shall be landscaped and permanently maintained in an attractive manner. For new construction, on-site trees equivalent to one, fifteen-gallon tree for each dwelling unit shall be provided. Additional trees and shrubs shall also be planted to provide a well-balanced landscape plan. For the purpose of this section other specimen material as approved by the planning department may be considered as equivalent to a fifteen-gallon tree.

B.

Landscaping must adhere to the city's adopted water efficient landscape standards pursuant to Chapter 15.60.

C.

Street trees shall be provided to city standards and in accordance with the master plan for street trees, or with current practices established by the director of public works.

D.

For all projects that are required to comply with water efficient landscape standards, a conceptual landscape plan prepared by a licensed landscape architect shall be submitted to the planning department together with the project's first application and shall be drawn to a scale of not less than one inch equals twenty feet. Said plan shall include the following information:

1.

Square footage of each landscaped area;

2.

Total square footage of all landscaped areas;

3.

Percentage of the total site devoted to landscaping;

4.

Type of plant materials, i.e., the botanical and common names;

5.

Location of all plant materials;

6.

Container size and number of all plant materials;

7.

A tree inventory and tree protection report prepared by a licensed arborist shall be submitted. No protected tree shall be removed or substantially trimmed, except as authorized by Chapter 12.20. Specimen trees shall be replaced within the submitted landscaping plan with a minimum of twenty-four-inch box trees.

8.

The project approval may include additional landscape requirements. Final plans, including irrigation and required usage calculations will be reviewed during construction plan check.

(Ord. No. 1389, Exh. A, § 15, 7-11-17)

All lighting of the buildings, structures, landscaping, yards, parking areas, or similar facilities shall be in compliance with the city's "Dark Sky" objectives and policies. Lighting shall be shielded and directed

downward to reflect away from adjoining properties.

(Ord. No. 1389, Exh. A, § 15, 7-11-17; Ord. No. 1413, § 1, 5-28-19)

Projects in the R-3-13 zone require submittal of an application and additional materials as listed on the application. The plan review process for discretionary permits such as conditional use permits, minor conditional use permits, design review permits, and administrative design review permits is set forth in Chapter 17.60.

(Ord. No. 1389, Exh. A, § 15, 7-11-17; Ord. No. 1466, § 62, 3-28-23)

17.28.140 - Development or construction site standards.

The following standards apply to development or construction in the R-3-13 zone:

A.

Construction sites shall be maintained free and clear of attractive nuisances and debris and/or fences as determined by the building inspector.

B.

The residential character of neighborhood to be maintained during construction as to not to become an attractive or public nuisance, due to storage of material, parking or activities of the contractor employees.

C.

Temporary services on-site, shall be ten feet behind the property line, i.e., portable toilet facilities.

D.

Rubbish and refuse service with city contractor shall be required at the time the building permit is issued. Service may be weekly pickup service if accessible by a public street, or by scout or commercial service as otherwise authorized.

E.

Contractors, subcontractors shall be required to have a completed subcontractors list for all services and trades and business licenses obtained prior to any construction or request for inspection. Where work for which a permit is required wherein the work has started or has proceeded prior to obtaining said permits or business licenses, the permit fees shall be doubled pursuant to Chapter 15.04 of this code.

F.

Use of the public right-of-way for storage, work, staging, or off-loading requires a permit and approval in advance of any activity pursuant to Chapter 12.12 of this code.

G.

The public right-of-way, if improved and in place, or at the entry to the project from an existing street, shall be cleaned each evening by the contractor. Clean up shall include, but not be limited to, streets, roadways, gutters, sidewalks, and parkways.

H.

Violation of subsections (A) through (G) of this section may result in the issuance of a stop work order by the building inspector. Work so halted shall have the right of due notice and an administrative hearing upon request.

(Ord. No. 1455, § 3(Exh. B), 5-24-22; Ord. No. 1466, § 63, 3-28-23)

Chapter 17.29 - R-3-20 AND R-3-30 HIGH DENSITY RESIDENTIAL ZONES[[5]]

Sections:

Footnotes:

--- ( 5 ) ---

Editor's note— Section 2 of Ord. No. 1449, adopted April 12, 2022, amended Ch. 17.29 in its entirety to read as herein set out. Former Ch. 17.29, §§ 17.29.010—17.29.030, pertained to R-H multiple family residential high density, and derived from Ord. No. 1337, § 1, adopted June 11, 2013; and Ord. No. 1441, §§ 2—5(Exh. B), adopted May 11, 2021.

The purpose of this chapter is to provide zoning development standards to accommodate the city's regional housing needs for all income levels. The regulations set forth in this chapter shall be applicable to all properties classified in R-3-20 or R-3-30 zones.

(Ord. No. 1449, § 2, 4-12-22)

In the R-3-20 and R-3-30 zones, only the uses permitted in the R-3-13 zone (Section 17.28.050) shall be permitted, except as modified by the allowable density regulation listed below in 17.29.030(C)(2). Existing uses which do not conform to the regulations permitted in this chapter may continue and be maintained pursuant to the stipulations of Chapter 17.56.

(Ord. No. 1449, § 2, 4-12-22; Ord. No. 1466, § 64, 3-28-23)

The regulations and limitations pertaining to the R-3-13 zone shall control and be effective in the R-3-20 and R-3-30 zones (Chapter 17.28 of this title) for multi-family dwellings, with the following exceptions:

A.

Minimum Lot Size. The minimum lot size for new development shall be eleven thousand square feet.

B.

Allowable Density. The allowable dwelling unit density of development shall be as follows:

a.

R-3-20: Minimum twenty dwelling units/acre, up to twenty-four dwelling units/acre.

b.

R-3-30: Minimum thirty dwelling units/acre, up to thirty-four dwelling units/acre.

C.

Multi-family projects are not subject to the requirements of Section 17.28.070.

D.

Yard and Building Setbacks. In the R-3-30 zone only, the minimum front yard setback for the first and second floors shall be fifteen feet.

E.

Height. A third story building element shall be permitted, provided that this element is located more than forty feet away from any public street and has no horizontal dimension longer than forty-five feet. Additionally, the total floor area of these elements shall equal no greater than twenty percent of the gross lot area. For any project containing a third story, the height limit shall be measured in compliance with the calculation method described in Section 17.20.040 for the R-1 zone, except that the maximum height shall be thirty feet instead of twenty-five feet.

F.

Articulation. The standards described in Section 17.28.080.F.8 shall apply to all stories above the first story.

G.

Floor Area Ratio. The floor area ratio of developments containing more than eleven dwelling units shall be limited to one hundred percent of the gross lot area, except that pursuant to Government Code 65913.11, the floor area of developments containing eight to ten units shall be limited to one hundred twenty-five percent of the gross lot area.

H.

Maximum building coverage requirements shall not apply.

I.

Open space. Two hundred fifty square feet per dwelling unit of on-site open space shall be provided on the ground level for use by residents. Open spaces may be common or private. In order to be counted toward

the open space requirement, the minimum width and length of each space shall be ten feet. Driveways and other vehicular access areas shall not count toward the open space requirement.

(Ord. No. 1449, § 2, 4-12-22; Ord. No. 1466, § 65, 3-28-23)

A.

The consolidation of multiple narrow lots is encouraged when such consolidation results in projects which incorporate more usable open space, reduce vehicular access points, and conceal parking from the street.

B.

The requirements of Section 17.28.030 shall not apply to the R-3-20 and R-3-30 zones.

C.

Minimum lot dimensions and size for newly created, reconfigured or consolidated lots. The minimum lot dimensions for a newly created or reconfigured lot shall be ninety feet in width and one hundred feet in depth. The minimum total size shall be eleven thousand square feet.

D.

A maximum height of thirty-five feet shall be permitted for any project with over one hundred feet of continuous street frontage along the front lot line of the development. The height shall be calculated in compliance with the method described in Section 17.28.080.F.

E.

Any project with over one hundred twenty-five feet of continuous street frontage along the front lot line of the development shall provide a pedestrian passageway from the street to the interior of the development which is not covered by any building or structure. Additional pedestrian passageways shall be provided as needed so that no distance between passageways, or between passageways and the edge of the development parcel, is greater than one hundred twenty-five linear feet.

(Ord. No. 1449, § 2, 4-12-22)

A.

All developments which meet the criteria of Section 17.28.070(A) shall be subject to preliminary design review.

B.

Upon submission of a complete preliminary design review application, the director will schedule a preliminary design review hearing before the planning commission.

C.

Public notice of an application shall be provided by the city in a manner deemed reasonable in the sole discretion of the director.

D.

The planning commission shall provide comments to the applicant concerning the mass, form, spatial elements, materials, colors and overall design to encourage the development to incorporate good design principles and to be compatible with its neighborhood and natural surroundings.

(Ord. No. 1449, § 2, 4-12-22)

Chapter 17.30 - R-C RESIDENTIAL CANYON ZONE

Sections:

The purposes of the city council in enacting the provisions of this chapter are to:

A.

Facilitate residential canyon preservation through single-family development standards as set forth in this chapter;

B.

Maintain the environmental equilibrium unique to the residential canyon consistent with the aesthetic of its rustic and historic character; and

C.

Establish dwelling size, lot coverage, building massing, and floor area ratios which are consistent with the smaller homes and lots in the canyon area.

(Ord. No. 1313, § 2(Exh. B), 3-22-11)

The residential canyon zone is hereby created. The designation on the city's official zoning map for the canyon zone shall be R-C.

(Ord. No. 1313, § 2(Exh. B), 3-22-11)

No person shall use, nor shall property owners permit, the use of any property or lot located in any R-C zone for any use other than the following:

A.

One-family dwellings of a permanent character; not more than one per lot; placed in a permanent location, containing not more than one kitchen; used by but one family; and not used for commercial purposes other than home occupations or as small family day care homes.

B.

Home occupations, pursuant to the provisions of Chapter 17.85 (Home Occupations).

C.

Public utility facilities, for which either no building permit is required for the facility, or which is authorized by a city-granted franchise.

D.

Second units, as provided in Chapter 17.22 (Second Units) except that references in Chapter 17.22 to R-1 shall include references to R-C, and the reference in Section 17.22.050 (Allowable floor area) to Section 17.20.125 (Allowable floor area) shall mean Section 17.30.130 (Permissible floor area).

E.

Transitional and supportive housing.

F.

Modular and manufactured homes as a type of dwelling, one per dwelling unit.

G.

Family daycare homes, one per dwelling unit.

(Ord. No. 1313, § 2(Exh. B), 3-22-11; Ord. No. 1352, § 7, 2-11-14; Ord. No. 1441, §§ 2—4(Exh. B), 5-11-21)

17.30.040 - Conditionally-permitted uses.

Notwithstanding Section 17.60.030 (Conditional use permits - When required) to the contrary, the following are the only conditionally permitted uses:

A.

Swimming Pools. Swimming pools, hot tubs, spas and similar recreational facilities, subject to the approval of a minor conditional use permit pursuant to Section 17.60.055 (Minor conditional use permit). Swimming pools, hot tubs, spas and similar recreational facilities shall be located no closer than five feet to the property lines.

B.

Utilities. Public utilities or utilities operated by mutual agencies consisting of water wells, or power boosters with the necessary buildings, apparatus, or appurtenances incident thereto.

C.

Wireless communications facilities, as provided in Chapter 17.93 (Standards and Criteria for Wireless Communications Facilities).

(Ord. No. 1313, § 2(Exh. B), 3-22-11; Ord. No. 1389, Exh. A, § 16, 7-11-17; Ord. No. 1441, § 2(Exh. B), 5- 11-21)

The following projects shall be allowed subject to the granting of a design review permit pursuant to the provisions of Chapter 17.60 of this title:

A.

Encroaching Second Stories. A second story addition to a single-family house which does not meet setback requirements contained herein, but does align with existing side yard setbacks.

B.

Three Thousand Square Feet. Floor areas that exceed three thousand square feet on a single lot.

(Ord. No. 1389, Exh. A, § 17, 7-11-17)

All lots and structures in the R-C zone shall comply with the standards of development set forth in this chapter.

(Ord. No. 1313, § 2(Exh. B), 3-22-11)

17.30.060 - Height.

A.

R-1 Height Standards Apply. The standards set forth in Section 17.20.040 (Height) of Chapter 17.20 (R-1 One-Family Residential Zone) shall apply throughout the R-C zone.

B.

Angle Plane Height. No portion of a building, except a chimney, shall exceed the height of a forty-five degree plane drawn from a height of ten feet above existing natural or pre-existing grade at the side lot line boundaries of the lot (see Diagram A). Roof eaves projecting a maximum four feet out from the vertical plane of the exterior wall surface are exempted. Any other encroachments exceeding the angle plane height are allowed only if authorized by an administrative design review issued pursuant to Chapter 17.60. This section shall not prevent the applicability of Section 17.48.120 (Permissible projection of structures into yards).

Diagram A

==> picture [432 x 299] intentionally omitted <==

• (Ord. No. 1313, § 2(Exh. B), 3-22-11; Ord. No. 1389, Exh. A, § 18, 7-11-17)

17.30.070 - Setbacks for primary structures.

The following development standards apply to primary structures.

A.

Front and Rear Setbacks.

1.

Front and Rear Setbacks. Each lot shall have a minimum combined front and rear yard setback of thirty-five feet. The front yard setback must be at least fifteen feet. The rear yard setback must be at least ten feet, unless an administrative design review permit is obtained, in which case the minimum required setback shall be as stated in the administrative design review permit, which amount shall be no less than five feet.

2.

Projections into the Front Yard Setback. Projections into the required front yards may occur as follows:

i.

Porches. A porch on the ground floor that is covered by a solid roof or similar structural feature, attached to the primary residence, and is not enclosed by vertical surfaces between the heights of three feet and seven feet, with the exception of posts and building face or faces to which the porch is attached, may encroach a

maximum of five feet into the required front yard setback if the encroachment is not closer than ten feet to the front property line.

ii.

Balconies. A balcony may project into the required front yard setback a maximum of forty-eight inches if a deed restriction that meets the approval of the city attorney is recorded on the title of the parcel to restrict owners from enclosing the balcony unless the enclosure would not exceed the maximum building floor area set forth in Section 17.30.130.

B.

Side Yard. The following side yard setback standards shall apply to all R-C zoned property:

1.

Lots or Parcels of Sixty Feet or Less in Width. Lots or parcels measuring sixty feet or less, as defined in this title, shall have a minimum side yard setback of not less than five feet, on each side. However, in no case shall a structure exceed a total width of forty feet.

2.

Lots or Parcels Greater than Sixty Feet in Width. Except as otherwise provided in this chapter, lots or parcels measuring greater than sixty feet in width, as defined in this title, shall have a cumulative side yard setback dimension (both side yard setbacks combined) of not less than thirty percent of the lot width of the lot or parcel, with a minimum required side yard setback of any one side of not less than five feet or ten percent of the lot or parcel width, whichever is greater, up to a maximum side yard setback requirement of ten feet on that side.

3.

Reverse Corner Lots or Parcels. Lots or parcels which have a "reverse corner" configuration, as defined in this title, shall have an interior side yard setback as set forth in subsection (B)(1) of this section. The "reverse corner" lot or parcel shall have a minimum fifteen foot setback adjacent to the secondary street frontage.

4.

Attached Open Structures. Open single story attached structures, such as porte cocheres, patio covers and similar structures which are attached to the primary structure may encroach into the required cumulative side yard setback dimension, as set forth in subsection (B)(1)(b) of this section, where the attached open structure is located no closer to the side yard property line than a minimum of five feet or ten percent of the width of the lot or parcel, whichever is greater.

(Ord. No. 1313, § 2(Exh. B), 3-22-11; Ord. No. 1389, Exh. A, § 19, 7-11-17)

17.30.080 - Setbacks for detached accessory structures.

A.

Detached Accessory Structures. Single-story detached accessory structures, such as gazebos, workshops, storage sheds and similar uses which measure six hundred square feet or less, and with a maximum height of fifteen feet from natural or pre-existing grade to top of ridge as follows:

1.

Administrative Design Review Permit. May be located five feet from the side and/or rear property lines subject to the approval of an administrative design review permit pursuant to Chapter 17.60.

2.

Permitted. When in conformance with the provisions of Section 17.30.070 (Setbacks for primary structures). Detached accessory structures which exceed six hundred square feet and/or are two stories or greater shall conform to the provisions of Section 17.30.070 (Setbacks for primary structures).

Accessory structure standards in the RC zone shall be pursuant to provisions in Section 17.20.060 in Chapter 17.20, R-1 One-Family Residential Zone.

Setbacks for detached garages and carports are subject to the provisions in Section 17.30.200(C), (D), and (E).

(Ord. No. 1313, § 2(Exh. B), 3-22-11; Ord. No. 1389, Exh. A, § 20, 7-11-17)

Walls and fences shall be regulated pursuant to Chapter 17.48.130.

(Ord. No. 1313, § 2(Exh. B), 3-22-11)

The minimum required lot area in the R-C zone shall be fifteen thousand square feet. Lot area per dwelling unit in the R-C zone shall be not less than the minimum required lot area. However, this provision shall not prohibit enlarging an existing lot that is less than fifteen thousand square feet by lot merger, lot line adjustment or other action, so long as the action does not increase the degree of non-conformity of any lot.

(Ord. No. 1313, § 2(Exh. B), 3-22-11)

Every lot created in the R-C zone shall have a width at the rear of a twenty-five foot front yard setback of not less than seventy feet. Each lot in the R-C zone shall have an average lot width of sixty feet.

(Ord. No. 1313, § 2(Exh. B), 3-22-11)

All buildings in the R-C zone, including accessory buildings, garages, guest houses, porches, carports, decks, patios, bridges, balconies, barns, gazebos, sheds and other similar structures, and parking pads, which are covered by solid roof, shall result in a maximum lot coverage of fifty percent of the area of the lot.

By way of example, for a traditional two story house, only the extent of the roof plan area counts toward lot coverage.

(Ord. No. 1313, § 2(Exh. B), 3-22-11)

A.

"Floor area" means the sum of all horizontal areas of floors covered by solid roof including first and second floors, attic spaces over seven feet six inches in height, basements, lofts, guest houses, garages, carports, patios, porches, bridges, balconies, barns, gazebos, and raised decks which are higher than seven feet six inches from natural or pre-existing grade as measured from the perimeter of the structure. Further, the area of interior spaces over sixteen feet in height shall be counted as double the floor area. The following shall not be computed towards floor area:

1.

Roof eaves up to four feet in projection.

2.

Basement areas that are entirely submerged below pre-existing grade.

3.

Attic areas that are seven feet six inches or less in height. Attic ceilings may exceed seven feet six inches in height provided that structural ties less than seven feet six inches in height are installed and their spacing does not exceed forty-eight inches on center.

4.

Front Yard Porches. Porches on the ground floor that are attached to the primary residence, face the street (not fronting on common side or rear property lines) and are not enclosed by vertical surfaces between the heights of three feet and seven feet, with the exception of posts and building face or faces to which the porch is attached.

B.

Maximum Floor Area. All buildings in the R-C zone are limited to a maximum floor area as defined below and must also be within the permissible lot coverage as defined in Section 17.30.120. The area which serves as an access easement to any other lot or building site shall not be included in the lot area used to calculate the allowable floor area.

*For smaller lots where the maximum building floor area allows less than one thousand square feet, a maximum one thousand square feet is permissible if all other zoning standards can be met.

C.

Minimum Floor Area. No dwelling in the R-C zone shall contain less than five hundred square feet of floor area.

(Ord. No. 1313, § 2(Exh. B), 3-22-11)

17.30.140 - New construction and additions onto existing structures.

Where the floor area of all structures is greater than three thousand square feet, a design review permit pursuant to the provisions of Chapter 17.60 shall be required.

(Ord. No. 1313, § 2(Exh. B), 3-22-11; Ord. No. 1389, Exh. A, § 21, 7-11-17)

17.30.150 - Conversion of existing non-habitable floor area.

A.

The conversion of existing non-habitable floor area to habitable floor area shall not be permitted unless the dwelling will not exceed the allowable floor area as defined in subsection A of Section 17.30.130 (Building floor area), and the area in question is not located within a required setback.

B.

For purposes of this section "habitable floor area" means that the floor area is designed and used primarily for indoor residential use by persons and not primarily for storage or exterior uses. Examples of "habitable floor areas" include: kitchens, bathrooms, bedrooms, living rooms, hallways, dining rooms, and similar areas. Examples of "non-habitable floor area" include: garages, sleeping porches, patios, closets, storage space, utility space, mechanical space, and similar areas.

(Ord. No. 1313, § 2(Exh. B), 3-22-11)

No dwelling in the R-C zone shall have a width at the ground floor level less than fifteen feet.

(Ord. No. 1313, § 2(Exh. B), 3-22-11)

17.30.170 - Development or construction site standards.

The permit applicant or builder-owner of record shall submit a construction parking and hauling plan prior to the issuance of a building permit(s), to be reviewed and approved by the director, or his or her assignee, subject to the following minimum standards, and any other standards as deemed appropriate by the director of development services, or his or her assignee, including limitations on permissible delivery times:

A.

Construction sites shall be maintained free and clear of nuisances, debris and fences as determined by the building inspector.

B.

The residential character of the neighborhood shall be maintained during construction so as to avoid becoming a public nuisance due to the storage of construction material, parking or activities of the contractor and employees.

C.

Temporary services on-site, such as portable toilet facilities, shall be located a minimum of ten feet behind the property line.

D.

Rubbish and refuse service provided by city contractor shall be required at the time the building permit is issued. Service may be weekly pickup service if accessible by public street, or by scout or commercial service as otherwise authorized.

E.

Contractors and subcontractors shall be required to have a completed subcontractor's list for all services, trades and business licenses obtained prior to any construction or request for inspection. Where work for which a permit is required wherein the work has started or has proceeded prior to obtaining said permits or business licenses, the permit fees shall be doubled pursuant to Chapter 15.04 (Building Code and Permits).

F.

Use of the public right-of-way for storage or staging is prohibited in the R-C zone. Off-loading requires providing twenty-four-hour prior notice to the public works director. All such off loading shall comply with Chapter 12.12 (Obstruction of Streets, Sidewalks, and Public Places) of this code. The construction parking and hauling plan shall designate the locations for off-street storage and staging of construction-related vehicles and construction materials, including hauling routes.

G.

The public right-of-way, if improved and in place, or at the entry to the project from an existing street, shall be cleaned each evening by the contractor. Clean up shall include, but not be limited to streets, roadways, gutters, sidewalks, and parkways.

H.

All contractor's and subcontractor's vehicles must be parked on-site. No construction vehicles may be parked in the public right-of-way.

I.

Violations of the approved construction parking and hauling plan, including the minimum standards under subsections (A) through (H) of this section, may result in the issuance of a stop-work order by the building

official. Work so halted shall be given written notice to comply with the provisions of this section.

(Ord. No. 1313, § 2(Exh. B), 3-22-11; Ord. No. 1466, § 66, 3-28-23)

Tents and canopies shall be regulated pursuant to the provisions of Section 15.04.050 (Tents and canopies) of Title 15 (Buildings and Construction).

(Ord. No. 1313, § 2(Exh. B), 3-22-11)

17.30.190 - Vehicle repair.

A.

General Rule. No person shall allow any vehicle that is in any stage of being assembled, repaired, dismantled, or abandoned, to be on any lot, unless the vehicle is:

1.

Located within an enclosed building; or

2.

In open area which is completely enclosed by view-obscuring walls, not less than six feet in height, or by exterior walls of a building or buildings; or

3.

Both of the following:

a.

At all times when the vehicle is not being assembled, repaired, or dismantled, the vehicle is covered with a cover manufactured and designed to cover the vehicle. Boats and similar vehicles must be at least fifty percent covered with a cover manufactured and designed to cover a boat, whereas automobiles, motorcycles, trucks, recreational vehicles, trailers intended for use on streets, jet skis and all other vehicles must be at least eighty percent covered with a cover manufactured and designed to cover that type of vehicle.

b.

Located at least fifteen feet from the front property line.

B.

Exception. The prohibition imposed by subsection (A) of this section shall not apply to the occasional and incidental assembly or repair of vehicles in the possession of the persons in possession of the premises on which such takes place; provided, that a disabled vehicle which is being repaired or assembled shall not be stored in violation of subsection (A) of this section for more than seven consecutive days within any thirtyday period.

(Ord. No. 1313, § 2(Exh. B), 3-22-11)

A.

Garages shall be used for the parking of vehicles and incidental storage.

B.

Garages may not be converted to habitable space unless other parking is provided on-site for two vehicles consistent with Section 17.30.210 (On-site parking) and the conversion does not exceed the allowable floor area as defined in subsection (A) of Section 17.30.130 (Building floor area). For permissible garage conversions, a deed restriction shall be recorded on the title of the parcel to require that at all times, at least

two parking spaces be accessible on the property. For purposes of this section "habitable" means that the space is designed and used primarily for indoor residential use by persons and not primarily for storage or exterior uses. Examples of habitable space include: kitchens, bathrooms, bedrooms, living rooms, hallways, dining rooms, and similar areas.

C.

Single-story detached garages, measuring four hundred square feet or less, and with a maximum height of fifteen feet as measured from the adjoining natural or pre-existing grade around a five-foot perimeter of the garage structure, may be located within five feet from the front property line, and three feet from the side or rear property lines.

D.

Two-story detached garages, which exceed four hundred square feet, are greater than fifteen feet in height as measured from the adjoining natural or pre-existing grade around a five-foot perimeter of the garage structure, or are located in front of the primary structure, shall conform to the setback provisions of Section 17.30.070 (Setbacks for primary structures).

E.

Attached or detached open carports, which are open on at least two sides, measuring four hundred square feet or less, and with a maximum height of fifteen feet as measured from the adjoining natural or preexisting grade, may be located within five feet from the front, side and rear property lines.

(Ord. No. 1313, § 2(Exh. B), 3-22-11)

A.

Design and Number of Spaces. Two off-street, on-site parking spaces shall be required for each R-C zone parcel. Parking pads must be a minimum of four hundred square feet. Carports and garages must have a minimum interior floor area of two hundred square feet per vehicle. Tandem parking is allowed in the R-C zone. All parking pads must be a permeable surface, must be located a minimum of five feet from the front

property line and three feet from all property lines, and shall have a clear and unobstructed back-out distance of at least ten feet, which can include a combination of private property and public right-of-way. For these purposes a "permeable surface" shall mean a surface where the surfacing material itself is impermeable to the inflow of rainwater, but the surface has inlets or holes through it which water enters the soil or construction below. Depending on design, permeable surfaces may include (but are not limited to) bricks, gravel and pavers.

B.

Deed Restriction. A deed restriction shall be recorded on the title of the parcel to require that at all times, at least two parking spaces be accessible on the property.

C.

Location. Parking pads may be located in the front yard setback areas.

D.

Bedroom. For those properties which are nonconforming with regard to the on-site parking space requirements of this chapter, the addition of a bedroom(s) will require that the property conforms to such parking requirements, pursuant to the following definition of bedroom:

The following rooms which regularly make up a standard dwelling unit shall not be considered a bedroom: one kitchen, one living room, one family or recreation room, one dining room, and bathrooms.

(Ord. No. 1313, § 2(Exh. B), 3-22-11; Ord. No. 1354, § 3, 6-10-14)

No recreational vehicles, trailers intended for use on streets, or any vehicle commonly stored on trailers (including boats and jet skis) that are visible from any public right-of-way may be stored within fifteen feet of the front property line.

(Ord. No. 1313, § 2(Exh. B), 3-22-11)

All lighting of the buildings, structures, landscaping, yards, parking areas, or similar facilities shall be in compliance with the city's "Dark Sky" objectives and policies. Lighting shall be shielded and directed downward to reflect away from adjoining properties.

(Ord. No. 1413, § 4, 5-28-19)

For all permit applications within the R-C zone, the director may require the applicant to provide all information the director reasonably believes necessary to assist the director in determining compliance with the purposes of this code. Such materials may include, but are not limited to, the materials listed in this section. It is the applicant's burden to include sufficient documentation to demonstrate how the proposed project will comply with general plan policies, goals, and objectives, including, but not limited to, standards

for hillside development, erosion control, seismic and geologic hazards, stormwater management, flooding and fire hazard.

A.

Site Plan, Topography. A topographic map prepared by a licensed land surveyor or qualified registered civil engineer, showing the building site, existing slopes, and the location of all trees on the site, at a minimum scale of one inch equals ten feet, with a maximum contour interval of two feet for all areas of the site where grading, other construction, or vegetation removal will occur.

B.

Grading Plan. A conceptual grading plan for all access and lot improvements showing existing and proposed contours, cuts, fills and gradients.

C.

Protected Tree Report. A report prepared by a city-qualified arborist, including a topographic plot that includes, but is not limited to, the following elements: (1) natural grade plan indicating genus, location, diameter, orientation, health and regeneration status of trees which are intended to be removed, transplanted or altered; and (2) finished grade plan indicating genus, location, diameter orientation, registration number of trees which have been planted or transplanted.

D.

Hydrology Report. A hydrologic data and hydraulic analysis report, indicating if the proposed changes in natural grades, drainage, impervious surface, and removal of vegetation could potentially result in drainage impact on the site and other properties. If adverse drainage problems are identified, a mitigation plan may also be required.

E.

Geology and Soils Report. A geology and soils report providing an assessment of site conditions that would contribute to the potential for damage of proposed development from a seismic or other geological event, or the potential for development to create adverse effects upon existing development because of identified geologic hazards. The conditions assessed are to include, where applicable, soils, slopes, potential for slope failure, water table, bedrock geology, and any other substrate conditions that may affect seismic response, landslide risk or liquefaction potential. The report shall include recommendations for mitigating the effects of any adverse conditions identified.

(Ord. No. 1313, § 2(Exh. B), 3-22-11; Ord. No. 1466, § 67, 3-28-23)

No protected tree shall be removed or substantially trimmed, except as authorized by Chapter 12.20 (Tree Preservation and Protection).

(Ord. No. 1313, § 2(Exh. B), 3-22-11)

All legal non conforming uses shall be regulated pursuant to Chapter 17.56 (Nonconforming Uses).

(Ord. No. 1313, § 2(Exh. B), 3-22-11)

Chapter 17.32 - R-E RESIDENTIAL ENTREPRENEUR OVERLAY ZONE[[6]]

Sections:

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 1445, § 2(Exh. A), adopted July 27, 2021, amended Ch. 17.32 in its entirety to read as herein set out. Former Ch. 17.32, §§ 17.32.010, 17.32.020, pertained to R-P residential professional zone, and derived from prior code §§ 9400, 9401; and Ord. 1084 § 1 (part), adopted in 1992.

In addition to uses allowed pursuant to the underlying zone, the following uses are permitted in the R-E Overlay Zone as hereinafter specifically provided and allowed.

Uses allowed with approval of a minor conditional use permit in accordance with Chapter 17.60:

1.

Accountants;

2.

Attorneys;

3.

Brokers;

4.

Doctors, dentists, optometrists, chiropractors and others practicing the healing arts for human beings and accessory uses such as medical laboratories, and oculists;

5.

Engineers, architects and planners;

6.

Real estate agencies; and

7.

Similar uses or other small entrepreneurial businesses or service or professional offices uses with similar levels of potential impacts on surrounding residences, as determined by the reviewing authority.

The following signs subject to Chapter 17.72:

1.

Name plates not exceeding two square feet in area containing the name of the occupant of the premises; and

2.

One identification sign; not exceeding twelve square feet in area; not exceeding ten feet in height above the ground; not provided with any electrical parts or lighting; identifying only permitted uses; and not advertising any goods, wares, or merchandise.

(Ord. No. 1445, § 2(Exh. A), 7-27-21)

Chapter 17.34 - AFFORDABLE HOUSING[[7]]

Sections:

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. 1440, § 2, adopted March 23, 2021, amended Ch. 17.34 in its entirety to read as herein set out. Former Ch. 17.34, §§ 17.34.010—17.34.130, pertained to similar subject matter and derived from Ord. No. 1428, § 2(Att. C), adopted July 28, 2020.

The affordable housing chapter is intended to establish procedures to implement the provisions of Government Code Sections 65915—65918. In enacting this chapter, it is the intent of the city of Sierra Madre to facilitate the development of affordable housing by assisting the private sector in making such units economically viable, and to implement the goals, policies and objectives of the city's housing element.

(Ord. No. 1440, § 2, 3-23-21)

For the purposes of this chapter, the following words, phrases and terms have the meanings ascribed to them below:

"Affordable housing cost" means total monthly housing costs, including mortgage debt service, homeowner association dues, insurance, utility allowances and property taxes, paid by a qualifying

household, which shall not exceed a specified fraction of their gross income as specified in Health and Safety Code Section 50052.5 as follows:

1.

Very Low Income: fifty percent of the area median income for Los Angeles County, adjusted for household size, multiplied by thirty percent and divided by twelve.

2.

Lower Income: seventy percent of the area median income for Los Angeles County, adjusted for household size, multiplied by thirty percent and divided by twelve.

3.

Moderate Income: one hundred ten percent of the area median income for Los Angeles County, adjusted for household size, multiplied by thirty-five percent and divided by twelve.

"Affordable rent" means total monthly housing expenses, including a reasonable allowance for utilities, paid by a qualifying household, which shall not exceed a specified fraction of their gross income as specified in Health and Safety Code Section 50053 as follows:

1.

Very Low Income: fifty percent of the area median income for Los Angeles County, adjusted for household size, multiplied by thirty percent and divided by twelve.

2.

Lower Income: sixty percent of the area median income for Los Angeles County, adjusted for household size, multiplied by thirty percent and divided by twelve.

3.

Moderate-Income: one hundred ten percent of the area median income for Los Angeles County, adjusted for household size, multiplied by thirty percent and divided by twelve.

"Affordable unit" means a dwelling unit within a housing development which will be reserved for sale or rent to very low, lower, or moderate income households, or qualifying residents, as specified in Government Code Section 65915(b).

"Base density unit" means the total number of residential units of a housing development permitted under the development standards of Title 17.

"Childcare facility" means a child daycare facility, including an infant center, preschool, extended daycare facility, and school age childcare center, and excluding a family daycare home, as specified in Government Code Section 65915(h)(4).

"Density bonus" means a density increase over the otherwise maximum allowable gross residential density under the applicable zoning ordinance and land use element of the General Plan as of the date of

application, or a lesser percentage of density increase at the applicant's election, as specified in Government Code Section 65915(f).

"Density bonus housing agreement" means a legally binding agreement between a developer and the city to ensure that the requirements of this chapter are satisfied.

"Density bonus permit" means a ministerial permit granting a density bonus, incentive, concession, waiver, or parking ratio as required by this chapter.

"Density bonus unit" means those residential units of the housing development granted pursuant to the provisions of this chapter which exceed the otherwise maximum residential density for the development site and are in addition to the base density units.

"Development standards" means a site or construction condition, including, but not limited to, a unit size, a height limitation, a setback requirement, a floor area ratio, lot coverage, an on-site open-space

requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation, as specified in Government Code Section 65915(o)(1).

"Disabled veteran" means any person who has served full time in the armed forces in time of national emergency or state military emergency or during any expedition of the armed forces and who has been discharged or released under conditions other than dishonorable and who is currently declared by the United States Veterans Administration to be ten percent or more disabled as a result of service in the armed forces, as specified in Government Code Section 18541.

"Foster youth" means a person in California whose dependency was established or continued by the court on or after the youth's sixteenth birthday and who is no older than twenty-five years of age at the commencement of the academic year, as specified in Education Code Section 66025.9(b)(1).

"Homeless person" means an individual or family who lacks a fixed, regular, and adequate nighttime residence or any other person within the definition of Title 42 of the United States Code Annotated Section 11302(a).

"Housing development" means a development project consisting of five or more residential units, including a mixed-use development. A housing development includes a subdivision or a common interest development that consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, where the result of the rehabilitation would be a net increase in available residential units, as specified in Government Code Section 65863.4(d).

"Located within one-half mile of a major transit stop" means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop."

"Lower income household" or "low income household" means households whose income does not exceed the lower income limits applicable to Los Angeles County, as published and periodically updated by the

State Department of Housing and Community Development and specified in Health and Safety Code Section 50079.5 and Section 6932 of Title 25 of the California Code of Regulations.

"Major transit stop" means a site as specified in Government Code Section 65915(p)(2) and Public Resources Code Sections 21064.3 and 21155(b).

"Moderate income household" means households whose income does not exceed the moderate-income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development and specified in Health and Safety Code Section 50093 and Section 6932 of Title 25 of the California Code of Regulations.

"Other incentives of equivalent financial value" means a reduction or waiver of requirements which the city might otherwise apply as a condition of approval, that are equivalent in financial value to the density bonus for which the applicant is eligible, as specified in Government Code Section 65915.5(c).

"Senior citizen housing development" means a residential development developed, substantially rehabilitated, or substantially renovated for persons fifty-five years of age or older that has at least five dwelling units, as specified in California Civil Code Section 51.3.

"Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, as specified in Government Code Section 65589.5(d)(2).

"Very low income household" means households whose income does not exceed the very low income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development and specified in Health and Safety Code Section 50093 and Section 6932 of Title 25 of the California Code of Regulations.

(Ord. No. 1440, § 2, 3-23-21; Ord. No. 1451, § 2, 4-12-22)

17.34.030 - Density bonus permit application.

A.

An applicant for a density bonus permit must submit a density bonus permit application that includes the following information:

1.

A brief description of the proposed housing development, including the number of affordable units, market rate units, base density units, density bonus units proposed, and the total anticipated number of units;

2.

The general plan, specific plan, and zoning designations for the project site;

3.

The assessor's parcel number(s) of the project site;

4.

A vicinity map and preliminary site plan, including building footprints, elevations, and driveway and parking layouts;

5.

The number and type of incentives and concessions requested;

6.

The number and type of waivers and reductions in development standards requested;

7.

The parking ratio requested;

8.

A financial pro forma including capital costs, operating expenses, return on investment, revenues, loan-tovalue and debt-coverage ratios, any contribution provided by subsidy programs, and the economic effect of the use and income restrictions on the affordable units;

9.

An appraisal report indicating the value of the density bonus and incentives or concession requested;

10.

An explanation indicating how the incentive or concession or the waiver or reduction in the development standards significantly contributes to the economic feasibility of providing the affordable units;

B.

Within thirty days of receipt of the density bonus application, the director will determine whether the application is complete and notify the applicant of:

1.

The amount of density bonus for which the applicant is eligible;

2.

The number of concessions or incentives for which the applicant is eligible;

3.

Whether the applicant provided adequate information for the city to make a determination as to the applicant's requested concessions or incentives and waivers or reductions of development standards; and

4.

The parking ratio for which the applicant is eligible.

C.

An applicant shall submit a preliminary design review application in a form approved by the director.

D.

An application for a density bonus permit will be processed concurrently with any other application(s) required for the housing development. The director is responsible for reviewing a density bonus permit application, unless the application is combined with another entitlement application for which a higher reviewing authority is required, in which case such authority will act as the reviewing body for the density bonus permit in accordance with Section 17.60.058.

E.

Filing Fee. Each such original application shall be accompanied by a filing and processing fee in an amount as set by the city council pursuant to Section 17.12.080.

(Ord. No. 1440, § 2, 3-23-21; Ord. No. 1451, § 3, 4-12-22)

17.34.035 - Preliminary design review.

A.

Upon submission of a complete application, the director will schedule a preliminary design review hearing before the planning commission.

B.

Public notice of an application shall be provided by the city in a manner deemed reasonable in the sole discretion of the director.

C.

The planning commission shall provide comments to the applicant concerning the mass, form, spatial elements, materials, colors, and overall design to encourage the small home lot development to incorporate good design principles and to be compatible with its neighborhood and natural surroundings.

(Ord. No. 1451, § 4, 4-12-22)

17.34.040 - Density bonus.

A.

Eligibility for Affordable Housing Units. All housing developments which include at least the minimum number of affordable units are eligible for a density bonus. The number of density bonus units are determined by calculating the percentage of affordable units out of the base density units for a certain type of project, as provided in the tables below:

Table 1: Density Bonus for Very Low Income Units in a Housing Development

Table 2: Density Bonus for Lower Income Units in a Housing Development

Table 3. Density Bonus for Moderate Income Units

B.

Eligibility for Other Qualifying Housing Developments.

1.

A senior citizen housing development is eligible for a twenty percent density bonus.

2.

If at least ten percent of the base density units are for foster youth, disabled veterans, or homeless persons, with rents restricted for very low income households, the housing development is eligible for a twenty percent density bonus.

3.

If one hundred percent of the base density units, exclusive of the manager's units, are restricted to very low, lower or moderate income households, with no more than twenty percent of the base density units restricted to moderate income households, the housing development is eligible for a density bonus of eighty percent of the number of units for lower income households.

4.

If one hundred percent of the base density units, exclusive of the manager's units, are restricted to very low, lower or moderate income households, with no more than twenty percent of the base density units restricted to moderate income households, and the housing development is located within one-half miles of a major transit stop, the city may not impose any maximum controls on density. The housing development will still be constrained by all other development standards.

5.

Housing developments with a mix of affordable units shall be eligible for a density bonus using Table 1 in Section 17.34.040(A), with the percentage of lower income units and percentage of moderate income units converted to an equivalent percentage of very low income units by dividing by 2.5 and five, respectively. For example, if a housing development had five percent very low income units, five percent lower income units, and five percent moderate income units, it would qualify for a forty-percent density bonus (five percent very low income units plus (five percent low income units/2.5 equals two percent equivalent very low income units) plus (five percent moderate income units/five equals one percent equivalent very low income units) equals eight percent equivalent very low income units, which pursuant to Table 1 qualifies for forty percent density bonus).

C.

Findings. To grant a density bonus, the reviewing body must make the following findings.

1.

The amount of density bonus corresponds to the affordability thresholds in Tables 1—3 of this section;

2.

The housing development is not proposed on any property on which dwelling units have been vacated or demolished in the five-year period preceding the application, which have been:

a.

Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of lower or very low income;

b.

Subject to any other form of rent or price control through a public entity's valid exercise of its police power; or

c.

Occupied by lower or very low income households; unless, either of the following apply:

i.

The proposed housing development, inclusive of the units replaced, contains affordable units at the percentages qualifying for a density bonus; or

ii.

Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.

(Ord. No. 1440, § 2, 3-23-21; Ord. No. 1451, §§ 5, 6, 4-12-22)

A.

Eligibility. The number of concessions and incentives are calculated based on certain eligibility thresholds for affordable housing projects. An applicant who is eligible for a density bonus under this chapter may request one or more concessions or incentives as permitted in the table below:

Table 1. Incentive or Concession Awards

B.

Types of Concessions and Incentives.

1.

Reduction in site development standards;

2.

Modification of a zoning requirement or architectural design requirement that exceeds the minimum building standards approved by the California Building Standards Commission.

3.

Approval of mixed-use zoning if commercial, office, industrial, or other land uses will reduce the cost of the housing development and are compatible with the housing development and the existing or planned development in the area where the proposed housing project will be located.

4.

Other regulatory concessions or incentives proposed by the applicant that result in identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted units.

5.

If the housing development is entitled to four concessions or incentives and is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or thirty-three feet.

C.

Findings. To grant a concession or incentive, the reviewing body must make the following findings.

1.

The number of concessions or incentives correspond to the affordability thresholds in Table 1 of this section;

The concessions or incentives are among the types identified in this section;

3.

The housing development is not a foster youth, disabled veteran, homeless person, or senior citizen housing development;

4.

The concession or incentive results in identifiable and actual cost reductions to provide affordable housing costs;

5.

The concession or incentive will not have a specific, adverse impact on public health and public safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the housing development unaffordable to lower and moderate income households;

6.

The concession or incentive will not have an adverse impact on a property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the housing development unaffordable to low- and moderate-income households;

7.

The concession or incentive would not be contrary to state or federal law;

8.

The housing development is not proposed on any property on which dwelling units have been vacated or demolished in the five-year period preceding the application, which have been:

a.

Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of lower or very low income;

b.

Subject to any other form of rent or price control through a public entity's valid exercise of its police power; or

c.

Occupied by very low or lower income households; unless, either of the following apply:

i.

The proposed housing development, inclusive of the units replaced, contains affordable units at the percentages qualifying for a density bonus; or

ii.

Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.

(Ord. No. 1440, § 2, 3-23-21; Ord. No. 1451, §§ 7, 8, 4-12-22)

17.34.060 - Waivers or reductions of development standards.

A.

Eligibility. If compliance with a development standard would physically preclude construction of a housing development utilizing the density bonus or a concession or incentive, the applicant may submit a proposal for a waiver or reduction of the development standard. There is no maximum limit on the number of waivers an applicant may request. An applicant must first exhaust his or her available incentives and concessions before requesting a waiver.

B.

Findings. To grant a waiver, the reviewing body must make the following findings.

1.

The housing development qualifies for a density bonus or a concession or incentive;

2.

The requested waiver or reduction applies to a development standard;

3.

The development standard would physically preclude construction of the housing development at the densities or with the concessions or incentives permitted under this chapter;

4.

The waiver or reduction in the development standard will not have a specific, adverse impact on public health and public safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderateincome households;

5.

The waiver or reduction in the development standard will not have an adverse impact on a property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households;

6.

The waiver or reduction in the development standard would not be contrary to state or federal law;

7.

The waiver or reduction in the development standard does not change the number of affordable units in such a way that either reduces or increases the number of incentives or concessions to which the applicant is entitled; and

8.

The housing development does not seek a waiver from any maximum controls on density.

(Ord. No. 1440, § 2, 3-23-21; Ord. No. 1451, § 9, 4-12-22)

A.

Eligibility. An application that qualifies for a density bonus or a concession or incentive may request alternative or special parking standards. The number of on-site parking spaces required under an alternative parking standard will be based on the number of bedrooms per unit. The number of on-site parking spaces required under a special parking standard will be based on the number of bedrooms or units in the housing development. An applicant may request the following alternative or special parking standards.

Table 1. Alternative Parking Standards

B.

Findings. For the alternative or special parking standards to apply, the reviewing body must make the following findings.

1.

The housing development qualifies for a density bonus or a concession or incentive;

2.

The requested parking ratio is not in conflict with an area-wide or jurisdiction-wide parking study supporting the need for a higher parking ratio.

C.

Handicap and Guest Parking. The parking ratios in this section are inclusive of handicapped and guest parking.

D.

Configuration. A housing development may provide on-site parking through covered parking, tandem parking or uncovered parking, but not through on-street parking.

(Ord. No. 1440, § 2, 3-23-21; Ord. No. 1451, § 10, 4-12-22)

A.

Eligibility. An application for a development project that complies with the density bonus requirement of this chapter and that also includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the housing development may request one additional bonus or concession as follows:

1.

An additional density bonus based on square footage instead of density bonus units. The density bonus for a childcare facility will be an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility; or

2.

An additional concession or incentives that contributes significantly to the economic feasibility of the construction of the childcare facility.

B.

Findings. To grant a bonus or concession for a childcare facility, the reviewing body must make the following findings.

1.

The housing development qualifies for a density bonus or a concession or incentive;

2.

The bonus or concession will contribute significantly to the economic feasibility of the construction of the childcare facility;

3.

The city does not have adequate childcare facilities;

4.

The bonus or concession will not have a specific, adverse impact on public health and public safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to lower and moderate income households; and

5.

The bonus or concession will not have an adverse impact on a property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households.

C.

Conditions of Approval. The childcare facility will comply with the following conditions of approval:

1.

The childcare facility will remain in operation for a period of time that is equal to or longer than the period during which the designated dwelling units are required to be affordable; and

2.

Of the children who attend the childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low or lower income households or families of moderate income.

(Ord. No. 1440, § 2, 3-23-21; Ord. No. 1451, § 11, 4-12-22)

17.34.090 - Density bonus for donation of land.

A.

Land Donation. An applicant for a tentative subdivision map, parcel map, or other residential development approval who donates land to the city is entitled to a density bonus in addition to any other density bonus for the housing development, up to a maximum combined density increase of thirty-five percent. The density bonus for the donation of land will be calculated as follows:

Table 1. Density Bonus for Land Donation

B.

Requirements for Bonus. A bonus for the donation of land must meet the following requirements:

1.

The applicant shall donate and transfer the land no later than the date of approval of the final tract, parcel map, or residential development application;

2.

The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent of the number of residential units of the proposed housing development;

3.

The transferred land shall be at least one acre in size or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible;

4.

No later than the date of approval of the final subdivision map, parcel map, or residential development application, the transferred land shall have all of the permits and approvals, other than design review and building permits necessary for development of the very low income housing units on the transferred land;

5.

The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of units.

6.

The land is transferred to the city or to a housing developer approved by the city.

7.

The transferred land must be within a quarter mile of the boundary of the proposed housing development;

8.

A proposed source of funding for the very low income units is identified not later than the date of approval of the final parcel, tract map, or residential development application.

(Ord. No. 1440, § 2, 3-23-21)

A.

Eligibility. When an applicant seeks to convert apartments to a condominium project and provide affordable housing, he or she will receive either (1) a density bonus or (2) other incentives of equivalent financial value.

Table 1: Density Bonus for Condominium Projects

B.

Findings. To grant a bonus or incentive, the reviewing body must make the following findings.

1.

The requested bonus or incentive corresponds to the affordability thresholds in Table 1 of this section;

2.

The condominium project does not seek and has not benefitted from a density bonus, incentive, concession, waiver, or parking ratio under this chapter;

3.

The condominium project is not proposed on any property on which dwelling units have been vacated or demolished in the five-year period preceding the application, which have been:

a.

Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of lower or very low income;

b.

Subject to any other form of rent or price control through a public entity's valid exercise of its police power; or

c.

Occupied by lower or very low income households; Unless, either of the following apply:

i.

The proposed condominium project, inclusive of the units replaced, contains affordable units at the percentages qualifying for a density bonus; or

ii.

Each unit in the condominium project is affordable to, and occupied by, either a lower or very low income household.

(Ord. No. 1440, § 2, 3-23-21)

17.34.110 - Standards governing affordable units.

A.

Affordable units must be dispersed throughout the project;

B.

Affordable unit types shall be provided in approximately the same proportion as units in the project as a whole;

C.

Affordable units must be compatible with the design of the market-rate units, except that the applicant may reduce the interior amenities for affordable units upon approval by the city as necessary to retain project affordability;

D.

Affordable units must comply with all applicable development standards, except those which may be modified by this chapter.

(Ord. No. 1440, § 2, 3-23-21)

17.34.120 - Miscellaneous.

A.

Contiguity. For purposes of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels.

B.

Proximity. The density bonus units will be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

C.

Combinations. Density bonuses, concessions, and incentives may be selected from one or more categories and combined.

D.

Rounding. If the total number resulting from a calculation based on the allowances in any of the tables of this chapter are other than a whole number, the number will be rounded up to the next whole number.

E.

Timing. Affordable units and density bonus units in a housing development will be constructed concurrently with or prior to the construction of market-rate units, unless both the city and the applicant agree within the density bonus housing agreement to an alternative schedule for development.

(Ord. No. 1440, § 2, 3-23-21; Ord. No. 1451, § 12, 4-12-22)

A.

Deed Restriction. A density bonus housing agreement will be made a condition of the density bonus permit. The terms and conditions of the density bonus agreement will run with the land which is to be developed, shall be binding upon the successor(s)-in-interest of the density bonus permit applicant, shall be recorded in the county recorder's office, and shall be approved as to form by the city attorney as to compliance with applicable state law.

B.

Timing. The recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units.

C.

Required Provisions. The density bonus housing agreement shall include at least the following:

1.

The total number of units approved for the housing development, including the number of affordable units;

2.

A description of the household income group to be accommodated by the housing development and the standards for determining the corresponding affordable rent or affordable housing cost;

3.

The location, unit sizes (square feet), and number of bedrooms of affordable units;

4.

Tenure of use restrictions of at least fifty-five years for affordable units and, as applicable, density bonus units;

5.

A schedule for completion and occupancy of affordable units;

6.

A description of the incentives or concessions;

7.

A description of the waivers;

8.

A description of the parking ratio;

9.

A prohibition on any rentals whereby a residence or a portion of a residence is rented to a tenant for a period of less than thirty days;

10.

A clause allowing for the recovery of any legal costs incurred in any action taken to enforce compliance with the density bonus housing agreement;

11.

Applicable deed restrictions, in a form satisfactory to the city attorney, containing provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;

12.

Other provisions to ensure implementation and compliance with this chapter.

D.

For-Sale Housing Developments. In the case of for-sale housing developments, the density bonus housing agreement shall provide for the following conditions governing the initial sale and use of affordable units during the applicable use restriction period:

1.

Affordable units shall, upon initial sale, be sold to eligible very low or lower income households, or moderate income households for condominiums, at an affordable housing cost;

2.

Purchasers of affordable units shall be required to occupy the unit except with approval from the city. Evidence must be presented to the city that the owner is unable to occupy the unit due to illness or incapacity. In such cases, the unit shall be rented to a person within the same household income category; and

A resale restriction shall be recorded against all affordable units restricting the price at which the unit may be resold during the applicable use restriction period.

4.

The agreement shall specify that subsequent owners must meet the same qualifications as the original owner and must be pre-approved for purchase by the city. The agreement shall also grant the city the rightof-first-refusal to purchase an affordable unit each time it is sold.

5.

The city will enforce an equity sharing agreement which will require that, upon resale, the seller of the unit will retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. For purposes of this section, the city's initial subsidy will be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale will be used as the initial market value. The city's proportionate share of appreciation will be equal to the ratio of the city's initial subsidy to the fair market value of the home at the time of the initial sale.

6.

Provisions requiring sellers to submit an annual report to the city on December 31st, which includes the name, address, and income of each buyer of an affordable unit, and which identifies the purchase price upon sale or resale.

E.

Rental Housing Developments. In the case of rental housing developments, the density bonus housing agreement shall provide for the following conditions governing the use of affordable units during the use restriction period:

1.

Affordable units will be let to qualified residents at an affordable rent;

2.

Affordable units within housing developments where one hundred percent of the base density units are restricted to very low, lower, or moderate income households will be let to qualified residents at an affordable rent as calculated by Government Code Section 65915(c)(l)(B)(ii).

3.

The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining affordable units for qualified tenants;

4.

Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter; and

5.

Provisions requiring owners to submit an annual report to the city on December 31st, which includes the name, address, and income of each person occupying affordable units, and which identifies the bedroom size and monthly rent or cost of each affordable unit.

(Ord. No. 1440, § 2, 3-23-21)

The determination of the director of planning and community preservation may be appealed to the planning commission, pursuant to the provisions of Section 17.60.115, within fourteen days of the director's determination.

(Ord. No. 1451, § 13, 4-12-22)

Chapter 17.35 - VOTER'S EMPOWERMENT

Sections:

17.35.010 - Title.

This chapter shall be known as the Sierra Madre voters' empowerment ordinance.

(Init. Ord. 2-30-13 (part), 2007)

17.35.020 - Findings.

The people of Sierra Madre find and determine as follows:

A.

Preserving the small town character of downtown Sierra Madre is a matter of utmost importance, and residents of our city must not be excluded from major decisions affecting our downtown.

B.

No city council or city staff can possess the necessary community-wide sensitivity to make decisions to ensure that the small town character of downtown Sierra Madre will be preserved.

C.

Only by carefully considering long-standing land use goals as to height and density will the small town character of downtown Sierra Madre be maintained for all members of our community.

D.

Downtown development decisions that could deviate from our long-standing goals should be made by the entire city after a public debate and an election, and not by a few city hall insiders.

(Init. Ord. 2-30-13 (part), 2007)

On and after the effective date of the initiative ordinance codified in this chapter, no new construction shall be permitted or occur within the central core area (as those terms are defined in this chapter) which exceeds the height limit as specifically defined below in this chapter, and more generally described as no more than thirty feet and two stories in height.

(Init. Ord. 2-30-13 (part), 2007)

On and after the effective date of the initiative ordinance codified in this chapter, no new construction shall be permitted or occur with the central core area (as those terms are defined in this chapter), which exceeds the density limit as specifically defined below in this chapter, and more generally described as no more than thirteen dwelling units per acre of land. A density bonus, to the extent required by state law to provide additional units for affordable housing, may be allowed in addition to this density limit, but no greater than as specifically required by state law.

(Init. Ord. 2-30-13 (part), 2007)

17.35.050 - Definitions.

The following definitions shall apply to the provisions of this chapter:

"Central core area" means the downtown geographic area within the city of Sierra Madre generally shown on the map attached to the initiative ordinance codified in this chapter as Exhibit A, and used for illustration purposes only, and more particularly described as all property in public and private ownership assigned the following 2006-2007 Los Angeles County assessor parcel numbers ("APN"), and also all of the following described portions of streets, rights-of-way, and easements immediately abutting such assessor parcels (street addresses are provided for information purposes only and may be in error). In the event of any uncertainty the 2006-2007 assessor parcel number shall govern:

ivate ownership assigned the following 2006-2007 Los Angeles County assessor parcel numbers ("APN"), and also all of the following described portions of streets, rights-of-way, and easements immediately abutting such assessor parcels (street addresses are provided for information purposes only and may be in error). In the event of any uncertainty the 2006-2007 assessor parcel number shall govern:

G. West Side of Baldwin Avenue Between Sierra Madre and Montecito Avenue.

J. West Montecito Avenue, Montecito Court, and Windsor Lane.

179. APN 5767-024-008 170 W. Sierra Madre Bl.

R.

Public Rights-of-Way, Streets, Alleys, and Easements. The following described portions of public rights-ofway, streets, alleys, and easements are also included with the central core area:

1.

Auburn Avenue. The portion of the Auburn Avenue public right-of-way located between West Sierra Madre Boulevard and the northerly edge of West Montecito Avenue located to the south of 2006-2007 Los Angeles County Assessor Parcel Number 5767-020-014 (but not including the parcel itself).

2.

Baldwin Avenue. The portion of the Baldwin Avenue public right-of-way located between a line extending westward along the northerly edge of Highland Avenue and a line located one hundred fifty feet south of and parallel to the southerly edge of Mariposa Street.

3.

Hermosa Avenue (North). The portion of the North Hermosa Avenue public right-of-way located between West Sierra Madre Boulevard and a point two hundred twelve feet north of the northerly edge of Sierra Madre Boulevard.

4.

Hermosa Avenue (South). The portion of the South Hermosa Avenue public right-of-way located between West Sierra Madre Boulevard and a line located 460.7 feet south of and parallel to the southerly edge of Sierra Madre Boulevard.

5.

Lima Street (North). The portion of the North Lima Street public right-of-way located between West Sierra Madre Boulevard and a line one hundred fifty feet north of and parallel to the northerly edge of Sierra Madre Boulevard.

6.

Lima Street (South). The portion of the South Lima Street public right-of-way located between Sierra Madre Boulevard and a line one hundred sixty-three feet south of and parallel to the southerly edge of Sierra Madre Boulevard.

7.

Mariposa Street. The portion of the Mariposa Street public right-of-way located between Baldwin Avenue and a line four hundred fifty-nine feet west of and parallel to the westerly edge of South Hermosa Avenue.

8.

Montecito Avenue (East). The portion of the East Montecito Avenue public right-of-way located between Baldwin Avenue and the easterly edge of the unnamed alley located one hundred feet west of and parallel to Mountain Trail.

9.

Montecito Avenue (West). The portion of the West Montecito Avenue public right-of-way located between Baldwin Avenue and a line extending northward from the westerly edge of Montecito Court, and a separate portion of the West Montecito Avenue public right-of-way located between the easterly edge of Auburn Avenue and a line one hundred fifty feet west of and parallel to the westerly edge of Auburn Avenue.

10.

Montecito Court. All of the Montecito Court public right-of-way located between West Montecito Avenue and extending southward and then westward to the easterly edge of Auburn Avenue.

11.

Sierra Madre Boulevard. The portion of the Sierra Madre Boulevard public right-of-way located between a line two hundred eighty-five east of and parallel to the easterly edge of Baldwin Avenue and another line two hundred fifty-nine feet west of and parallel to the westerly edge Lima Street.

12.

Suffolk Avenue. The portion of the Suffolk Avenue public right-of-way located between South Baldwin Avenue and a line one hundred sixty-four feet east of and parallel to the easterly edge of South Baldwin Avenue.

13.

Unnamed Alley Extending North from East Montecito Avenue. All of the unnamed alley public right-of-way located one hundred feet west of and parallel to Mountain Trail between its northerly terminus and the northerly edge of East Montecito Avenue.

14.

Unnamed Alley Extending South from East Montecito Avenue. The portion of the unnamed alley public right-of-way located one hundred feet west of and parallel to Mountain Trail between the southerly edge of East Montecito Avenue and a line two hundred eleven feet south of and parallel to the southerly edge East Montecito Avenue. This portion of the alley is part of 2006-2007 Los Angeles County Assessor Parcel Number 5767-015-900 owned by the city of Sierra Madre.

15.

Unnamed Alley West of Mountain Trail. The portion of the unnamed alley public right-of-way located one hundred fifty-two and one-half feet north of and parallel to East Montecito Avenue between its westerly terminus and a line extending northerly from and along the easterly edge of another unnamed alley perpendicular thereto and located one hundred feet west of and parallel to Mountain Trail.

16.

Unnamed Alley Extending North from Montecito Court. The portion of the unnamed alley public right-ofway located sixty-five feet west of and parallel to Windsor Lane that extends north from Montecito Court to

a line one hundred nine feet north of and parallel to Montecito Court.

17.

Unnamed Alley Extending West of North Lima Street. The portion of the unnamed alley public right-of-way located one hundred fifty north of and parallel to West Sierra Madre Boulevard extending from the westerly edge of North Lima Street and a line eighty-five feet west of and parallel to the westerly edge of North Lima Street.

18.

Unnamed Alley Near City Parking Lot. All of the unnamed alley public right-of-way extending northerly from Mariposa Street between 2006-2007 Los Angeles County Assessor Parcel Numbers 5767-024-034 and 5767-024-900, and then extending westerly until its terminus at the easterly edge of Assessor Parcel Number 5767-024-041.

19.

Windsor Lane. The portion of the Windsor Lane public right-of-way located between West Sierra Madre Boulevard and a line one hundred nine feet north of and parallel to Montecito Court.

"City" means the city of Sierra Madre, including, but not limited to, actions or policies of the city council.

"Density limit" generally means no greater than thirteen dwelling units per acre of land. This density limit shall be specifically applied as follows: no new construction shall be permitted or constructed for more than one dwelling unit for each three thousand three hundred fifty square feet of area of a lot or parcel where units will be built. The number of dwelling units allowed under this density limit shall be rounded down to whole integers. For example, for half an acre (twenty-one thousand seven hundred eighty square feet) only six dwelling units could be built.

"Dwelling unit" is defined as follows in a manner consistent with its 2006 definition in Sierra Madre Municipal Code Section 17.08.020:

"Dwelling unit" means one or more rooms in a building designed and intended to be used as living quarters by one person or a family.

"Finished grade" means the final grade of the site which conforms to the approved plan.

"Height" is defined as follows in a manner consistent with its 2006 definition in Sierra Madre Municipal Code Section 17.08.020:

The "height" of a building is the vertical distance above a reference datum measured to the highest point of:

1.

The coping of a flat roof; or

The deck line of a mansard roof; or

3.

The average height of the highest pitched gable of a pitched or hipped roof.

The reference datum shall be selected from one of the following whichever yields a greater height of building:

a.

The average elevation of adjoining finished grade within a five-foot horizontal distance of the exterior wall of the building; or

b.

The average elevation of adjoining pre-existing grade or natural grade within a five-foot horizontal distance of the exterior wall of the building, but natural grade shall not be used if the site has been previously graded or developed.

The "height" of a stepped or terraced building is the greatest height of any segment of the building, and the height limit shall apply to each segment.

"Height limit" means both no greater than a physical height of thirty feet, and also no greater than two stories of enclosed space. Under no circumstances shall the height limit be exceeded. No change in the height limit shall be allowed as part of any density bonus offered for any reason.

"Major general plan change" means any action by the city of Sierra Madre, including, but not limited to, any change to the land use element of the Sierra Madre general plan or the land use map in the Sierra Madre general plan or by adoption or amendment of any specific plan which would either:

1.

Increase the allowed height on any lot or parcel of land in the central core area beyond the height limit, or

2.

Increase the allowed development density on any lot or parcel of land in the central core area beyond the density limit, or

3.

Sell, lease, transfer, or allow any development of land or rights-of-way or easements owned or controlled by the city of Sierra Madre or any public entity within the central core area.

"Major zone change" means any action by the city of Sierra Madre, including, but not limited to, any change to the Sierra Madre zoning map or the Sierra Madre zoning code or any city ordinance or city council resolution or motion or approval of a contract which would either:

Increase the allowed height on any lot or parcel of land in the central core area beyond the height limit, or

2.

Increase the allowed development density on any lot or parcel of land in the central core area beyond the density limit, or

3.

Sell, lease, transfer, or allow any development on any rights-of-way or easements or other land within the central core area owned or controlled by the city or by any public entity.

"Natural grade" means the grade prior to the deposit of earth material placed by artificial means and/or prior to mechanical removal of earth material.

"New construction" means any physical activity to erect or alter any building within the central core area, but does not include mere repairs or maintenance of existing buildings or structures which does not increase the physical height, number of habitable stories, or number of dwelling units on a lot or parcel or in an existing building,

"Pre-existing grade" means an established grade that exists on a site for which a legal grading or building permit was in effect for ten years prior to a request for a building, demolition, or grading permit.

"Story" or "stories" are defined as follows in a manner consistent with its 2006 definition in Sierra Madre Municipal Code Section 17.08.020:

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the highest point of the exterior roof above. If the finished floor level directly above a usuable or unused underfloor is more than six feet above the preexisting grade or natural grade for more than fifty percent of the total perimeter or it is more than twelve feet above the finished grade at any point, such usable or unusable underfloor shall be considered as a story.

"Voter approval" means an ordinance proposed by the city council or voter petition and affirmatively approved by a majority voting "YES" on it at a regularly-scheduled city election. The entire text of any such proposed ordinance shall appear in all sample ballot materials.

Nothing in this chapter restricts the city from applying existing or commonly used definitions to other words and phrases not specifically defined in this chapter. (Init. Ord. 2-30-13 (part), 2007)

17.35.060 - Zoning code and general plan amended.

On and after the effective date of the initiative ordinance codified in this chapter:

A.

The entire text of the initiative ordinance codified in this chapter is hereby added to the zoning code of the city of Sierra Madre, and all copies of the zoning code shall contain the entire text of this chapter.

B.

The entire text of this chapter is hereby added to the land use element of the 1996 Sierra Madre general plan under new a heading entitled "3.5 Central Core Area" commencing at the middle of page 36 in Chapter One, prior to the heading "4. Institutional Land Uses." All copies of the land use element of the general plan thereafter shall contain the entire text of this chapter. (Init. Ord. 2-30-13 (part), 2007)

On and after the effective date of the initiative ordinance codified in this chapter, all copies of the zoning map and general plan land use map of the city printed or distributed to the public by the city shall include or attach a copy of the map of the central core area attached to the initiative ordinance codified in this chapter as Exhibit A as follows:

A.

All copies of the zoning map of the city of Sierra Madre shall contain a map of the central core area either printed on the zoning map itself or as a separate attachment thereto.

B.

All copies of land use map of the Sierra Madre general plan shall contain a copy of a map of the central core area either printed on the land use map itself or as a separate attachment thereto. (Init. Ord. 2-30-13 (part), 2007)

On and after the effective date of the initiative ordinance codified in this chapter, its provisions shall apply to all new construction in the central core area without regard to any provisions of the Sierra Madre Municipal Code or the Sierra Madre general plan that may be in conflict with the provisions of this chapter. (Init. Ord. 2-30-13 (part), 2007)

The provisions of this chapter apply to all land, all public or private rights-of-way or easements, and their uses within the central core area only, and the provisions of this chapter do not apply to property or rightsof-way or easements outside the central core area. (Init. Ord. 2-30-13 (part), 2007)

Nothing in this chapter shall be deemed to limit the authority of the city to regulate uses of property or design standards or building construction within the central core area as to matters outside the subjects of:

A.

The maximum of two stories in any new construction,

B.

The maximum of thirty feet height in any new construction, and

C.

The maximum of thirteen net dwelling units per acre.

However, in no event may the city staff or city council approve any policy or take any action which directly or indirectly undermines or is inconsistent with the provisions of this chapter except through the voter approval mechanism set forth in Section 17.35.140 below. (Init. Ord. 2-30-13 (part), 2007)

The provisions of this chapter shall become effective at midnight after the polls close on the same day of its approval by the voters at an election. (Init. Ord. 2-30-13 (part), 2007)

In the event a final judgment of a court determines that a provision of this chapter, or a particular application of a provision, is invalid or unenforceable pursuant to a state or federal law or constitution, that invalid or unenforceable portion or application shall be severed from the remainder of this chapter, and all other portions of this chapter shall remain in effect without the invalid or unenforceable provision or application. (Init. Ord. 2-30-13 (part), 2007)

In the event that any ballot measure is proposed for voter approval on the same election ballot as this initiative measure, and such other measure contains provisions which deal with land uses or development or construction in the central core area, it is the intent of the voters that the provisions of this measure shall prevail over any such other measure in its entirety, and to the extent that this measure receives a greater number of votes for approval than any such other measure, it is the voters' intent in enacting this measure that no provision of any such other measure shall become effective. (Init. Ord. 2-30-13 (part), 2007)

No provision of this chapter may be amended or repealed except by a majority of the voters of the city of Sierra Madre voting on a ballot measure for that purpose placed before them at a regularly-scheduled municipal election. (Init. Ord. 2-30-13 (part), 2007)

Chapter 17.36 - C COMMERCIAL ZONE[[8]]

Sections:

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. 1296, § 1, adopted July 28, 2009, amended chapter 17.36 in its entirety to read as herein set out. Former chapter 17.36, §§ 17.36.010—17.36.210, pertained to similar subject matter and derived from Prior code §§ 9450—9455; Ord. 973, § 2(part), 1980; Ord. 984, § 6, 1981; Ord. 1041, § 1(part), 1988; Ord. 1051, § 4(part), 1989; Ord. 1084 § 1 (part), 1992; Ord. 1113 § 3, 1994; Ord. 1116 § 3, 1994; Ord. 1133, § 4, 1996; Ord. 1135 § 4, 1996; and Ord. 1214, § 2(Exh. 1(part), 2004.

The following criteria are established to assist citizens, staff, planning commission and city council in the administration and application of the C zone.

A.

General or Other Adopted Plans. Compliance with the general plan or other plans or programs adopted by the city shall be demonstrated. Development on properties exceeding one acre in size shall require the adoption of a comprehensive plan.

B.

Location. Business areas shall be concentrated in the existing downtown portion of Sierra Madre.

C.

Need. A demonstrated public need shall be established within the general area.

D.

Design. The design or redesign of any structure shall comply with the standards established herein or in any adopted plan or program of the city.

E.

Utilities, Streets, Sidewalks, Etc. The existing utilities systems (water, sewer, drainage, electrical, gas, lighting and communication facilities) and street and sidewalks are adequate, or new facilities will be constructed to serve the downtown adequately.

F.

Economic Development. Commercial businesses and uses located in the C zone that generate revenue for the city are encouraged.

(Ord. 1296, § 1, 7-28-09; Ord. No. 1331, § 1, 8-14-12; Ord. No. 1431, § 2(Exh. A), 11-10-20)

17.36.015 - Definitions.

For the purpose of this chapter, the words, phrases and terms shall be deemed to have the following meanings:

"Commercial Zone Use List" means a list of uses allowed in the C zone that fall within the use categories set forth in the table in Section 17.36.020.

"SRO" or "single room occupancy" means a small, one room dwelling unit intended to be occupied by one resident. An SRO may have shared or private kitchen and bathroom facilities, but must provide sufficient private accommodations to allow independent living and otherwise qualify as a dwelling unit under this code and state law. SROs are typically rented on a monthly basis without rental deposit, and can provide

an entry point into the housing market for extremely low-income individuals, formerly homeless and disabled persons.

(Ord. No. 1431, § 2(Exh. A), 11-10-20)

A.

Unless otherwise restricted or prohibited by this code, the following use categories shall be permitted in the "C" zone if noted in the "P" column, and shall be permitted upon approval of a conditional use permit if noted in the "CUP" column pursuant to Chapter 17.60. All such uses shall be within an enclosed building unless specifically stated otherwise. The required permit for some uses varies based upon the amount of floor area occupied by such use, and numbers in the table below represent square feet of floor area of such use. If a use occupies exactly the threshold amount of floor area, the lower permit shall be required (for example, a retail store with exactly 7,500 square feet of floor area would be permitted). Some use categories are further subdivided into subcategories of "general" or "limited," with the latter indicating a greater need for discretionary review due to its potential for nuisance, intensity, overconcentration, blighting, and/or deteriorating effect upon surrounding areas.

B.

All use categories not listed above and all specific uses not listed in the Commercial Zone Use List are prohibited in the C zone. The director is authorized to exercise his or her authority under Section 17.12.160, to fit an unidentified use within a specific use or use category. The director's administrative interpretation must make the following findings:

1.

The proposed use meets the intent of, and is consistent with, the goals, objectives and policies of the adopted General Plan;

2.

The proposed use meets the stated purpose and general intent of the zoning district in which the use is proposed to be located;

3.

The proposed use will not adversely impact the public health, safety, or general welfare of the city's residents; and

4.

The proposed use shares characteristics common with, and is not of a greater intensity or density, than those listed in the zoning district in which it is to be located.

Notwithstanding anything else to the contrary, sales of alcohol and tobacco, whether for consumption onor off-site and whether alone or in conjunction with other uses (such as a retail store, restaurant or a newly added use) shall require a conditional use permit.

(Ord. 1296, § 1, 7-28-09; Ord. No. 1335, § 2, 6-11-13; Ord. No. 1352, § 8, 2-11-14; Ord. No. 1431, § 2(Exh. A), 11-10-20; Ord. No. 1466, § 68, 3-28-23)

The following standards apply to adult businesses in the C zone:

A.

An "adult business" is defined as any business which is, at any time or times, conducted exclusively for the patronage of adults from the premises of which minors are specifically excluded by law or the owner or person in possession of the premises. This definition shall exclude any use pre-empted by state law or licensed by the state.

B.

"Sexually oriented" shall mean any use, display, sale, product, book, treatment, manipulation, projection, machine or other device, the principal, advertised, and emphasized purpose, use or manifestation of which is gratification, education, entertainment, observation, reading, or other stimulus, excitation, or study of explicit human heterosexual, homosexual, or other sexual activity or simulation or depiction thereof.

C.

"Sexually oriented adult business" shall not be permitted on any recorded lot within six hundred feet of a church nor within six hundred feet of a public or private school for the academic education of children nor within three hundred feet of residentially zoned property.

D.

In the event any prohibition set forth in subsection (C) of this section is held by any court of jurisdiction to be invalid or inapplicable, then such use or uses shall ipso facto, immediately, and automatically be classified as a conditional use requiring a conditional use permit pursuant to the provisions of the zoning code of this city and an Environmental Impact Report pursuant to the California Environmental Quality Act.

(Ord. 1296, § 1, 7-28-09)

In addition to those specified in this chapter, a number of other uses and construction activities are allowed in the C zone pursuant to, and in accordance with, other provisions of this title. Such uses and construction activities may be permitted of right or require discretionary review and approval in accordance with such other provisions. A subset of such uses and construction activities and their corresponding code references are listed below for reference purposes only.

A.

Demolitions Section 15.04.115 and Section 17.60.056;

B.

Certain conditionally permitted uses - Section 17.60.030;

C.

Signs Chapter 17.72;

D.

Home occupations within residential uses - Chapter 17.85;

E.

Temporary uses - Chapter 17.88;

F.

Wireless communication facilities - Chapter 17.93; and

G.

Supportive housing, as defined in Government Code Section 65650, shall be a use by right under Government Code Section 65651.

(Ord. No. 1431, § 2(Exh. B), 11-10-20; Ord. No. 1441, § 5(Exh. B), 5-11-21)

17.36.030 - New construction; additions, and building alterations.

A.

The following activities shall only be permitted with a design review permit, obtained in accordance with Chapter 17.60;

1.

Additions of floor area in excess of 1,000 square feet, whether from new construction, addition to or enlargement of an existing building, or otherwise; and

2.

Single-family home projects that result in aggregate floor area of all structures exceeding 3,000 square feet, whether from new construction, addition to or enlargement of an existing building, or otherwise (additionally, such projects shall require Finding D.8. of Section 17.60.041 be made).

B.

The following activities shall only be permitted with an administrative design review permit, obtained in accordance with Chapter 17.60:

1.

Construction in excess of either one story or 20 feet in height;

2.

Additions of floor area in excess of 500 square feet, whether from new construction, addition to or enlargement of an existing building, or otherwise;

3.

Significant exterior facade alterations fronting a main commercial street which, as determined by the director, have the potential to alter materially the character of an existing main building; and

C.

The following activities do not require a design review permit or administrative design review permit under Chapter 17.60; provided however, that the appropriate building permits, if required, must be obtained:

1.

Interior alterations to an existing building;

2.

Additions of floor area of 500 square feet or less, whether from new construction, addition to or enlargement of an existing building, or otherwise; and

3.

Minor exterior facade alterations fronting a main commercial street which, as determined by the director, do not have the potential to alter materially the character of an existing main building, and all exterior facade alterations not fronting a main commercial street.

(Ord. 1296, § 1, 7-28-09; Ord. No. 1431, § 2(Exh. A), 11-10-20)

Henceforth, the city shall not allow new drive-through business establishments, that is, business establishments which provide service to customers in a motor vehicle.

(Ord. 1296, § 1, 7-28-09)

The following design criteria shall be applied to all development within the C zone. Downtown Design Standards:

A.

Architectural Style and Character. All future construction, exterior remodeling, development and redevelopment shall be of such architectural design as to enhance the site and surrounding environment and be consistent with the desired overall community values stated in the general plan. Approval of each design as to its compliance or compatibility with these standards must be obtained from the director prior to the granting of any building permit.

B.

Materials. The following building materials or those determined by the director to be similar to them shall be utilized in all construction in the commercial zone:

1.

Roof materials intended to be viewed, including but not limited to clay tile or slate;

2.

Brick, tile, textured concrete, tinted concrete or exposed aggregate patios and walkways;

3.

Decorative masonry materials such as bricks, stone or slump stone;

4.

Heavy rough textured wood beams, headers, trim and siding;

5.

Textured stucco.

C.

Colors. Earth tone or natural colors shall be utilized throughout with the use of bright, nonpastel colors for the purpose of accent; however, such accent colors shall not be used to such a degree as to become the dominant color of any structure.

D.

Landscaping. All site landscaping shall be so designed with both form and function in mind and not just as a decorative element. Desirable aspects of landscape design that are:

1.

Plant material selection for seasonal color;

2.

Low maintenance plant materials;

3.

Use of ground cover plant materials rather than nonplant substitutes;

4.

Use of native trees when appropriate.

E.

Signs. All signs shall be designed as an integral part of the overall architectural design theme of the building through the use of similar materials and colors, as well as proportionate size and location.

F.

General. The following apply to all development in the C zone:

1.

Architectural treatment shall be applied to all building elevations;

2.

Review of a proposed design shall be related to the surrounding existing development with greater emphasis placed upon compatibility with adjacent development related to:

a.

Bulk or mass height,

b.

Colors,

c.

Building materials,

d.

Roof lines,

e.

Access,

f.

Views,

g.

Landscaping.

(Ord. 1296, § 1, 7-28-09; Ord. No. 1466, § 69, 70, 3-28-23)

17.36.050 - Standards of development—Generally.

The development standards set forth in the following sections of this chapter shall apply to all construction within the C zone.

(Ord. 1296, § 1, 7-28-09)

Every lot created after the effective date of this chapter shall have a minimum lot area of three thousand seven hundred fifty square feet.

(Ord. 1296, § 1, 7-28-09)

17.36.070 - Yards and building setbacks.

A.

Front Yard. There shall be a front yard having a minimum depth of five feet extending across the full width of the lot.

B.

Side Yard. Side yards adjacent to a street or alley shall be not less than ten feet in width.

C.

Rear Yard. There shall be a rear yard of not less than fifteen feet in width; however, a maximum of ten feet of said rear yard may be used for off-street parking.

D.

Yards Adjacent to Residential Zones. If either the side or rear yards are adjacent to any residential zone or use, a minimum of ten feet of the required yards shall be landscaped with specimen plants and trees (minimum fifteen gallon stock) to create a solid plant screen as represented on a landscaping plan approved by the director.

(Ord. 1296, § 1, 7-28-09; Ord. No. 1466, § 71, 3-28-23)

Coverage of any parcel by roofed structures shall not exceed eighty percent, exclusive of all existing or required streets, sidewalks and alleys.

(Ord. 1296, § 1, 7-28-09)

No building structure shall exceed a height of thirty feet and no building structure shall exceed two stories in the C zone.

(Ord. 1296, § 1, 7-28-09)

All off-street parking shall be provided in accordance with Chapter 17.68 of this code.

(Ord. 1296, § 1, 7-28-09)

The provisions of Chapter 17.68 shall apply in addition to the following:

A.

All open areas with the exception of vehicular accessways and parking areas, pedestrian walkways, approved outdoor seating and sales areas, and paved or covered recreational facilities shall be landscaped and irrigated. Such landscaping and irrigation system shall be permanently maintained. Existing trees to be removed shall be replaced with a substitute specimen trees (minimum thirty-inch box container size) elsewhere on the site.

B.

All planted areas shall be surrounded by a curb of concrete or comparable material at least six inches above the higher of the final grade or the pavement of the parking lot, except when such planted areas lie adjacent to a paved sidewalk, masonry wall or a building.

C.

Landscaping shall consist of trees, shrubs and ground covers with careful consideration given to eventual size, form, susceptibility to disease and pests, durability, water consumption and adaptability to soil and climate conditions.

D.

A landscape plan drawn at a scale of not less than one inch to thirty feet shall be submitted and shall include:

1.

Square footage of each landscaped area;

2.

Total square footage of all landscaped areas;

3.

Percentage of the site devoted to landscaping;

4.

Type of plant materials, i.e., the botanical and common names;

5.

Location of all plant materials;

Container size and number of all plant materials;

7.

Type, size and location of a permanent irrigation system.

(Ord. 1296, § 1, 7-28-09)

A.

A plant screen shall be erected in place of a wall, provided it is:

1.

Sufficient to visually screen the parking area;

2.

Comprised of specimen stock;

3.

Within a planter area of at least four feet in depth;

4.

Provided with a permanent irrigation system;

5.

Compliant with all other provisions of this section for landscaping, including being an integral part of an approved landscaping plan.

B.

A decorative masonry wall of at least thirty inches high may be substituted for a plant screen provided it is constructed and maintained along the perimeter of all off-street parking areas except at points of ingress and egress. Such wall shall be constructed of masonry units not greater than six inches in height.

C.

A landscaped area of at least thirty inches in height may be substituted for a wall or plant screen if the planning commission approves its design, location, scale and landscape treatment pursuant to a permit issued under this chapter.

D.

A decorative concrete, masonry or block wall of at least six feet in height shall be constructed and maintained on the boundary of any use which abuts or which lays across a public alley from a residential zone, except in front setbacks, in which such walls shall be forty-two inches or less in height.

(Ord. 1296, § 1, 7-28-09)

All outdoor trash, garbage and refuse storage areas shall be screened on all sides from public view by a permanent wall at least five and one-half feet high in conformance with the architectural design of the related buildings, including a solid gate of durable opaque material approved by the director. All bins and containers shall be stored within the enclosure with lids closed at all times when not being loaded.

(Ord. 1296, § 1, 7-28-09; Ord. No. 1466, § 72, 3-28-23)

All storage of wares, merchandise, crates, bottles or similar items shall be within a completely enclosed building.

(Ord. 1296, § 1, 7-28-09)

All loading or unloading areas containing a loading dock or similar facility shall be located at such a depth within a completely enclosed building as to reasonably contain and restrict noise. Further, no loading or unloading area shall be visible from a public street, or located within a front yard or side yard adjacent to a public street.

(Ord. 1296, § 1, 7-28-09)

All lighting of the building, landscaping, parking lot or similar facilities shall be shielded and directed away from adjoining properties.

(Ord. 1296, § 1, 7-28-09)

All ground mechanical equipment shall be completely screened behind a permanent structure and all roof top mechanical equipment shall be completely screened from view from street level.

(Ord. 1296, § 1, 7-28-09)

All utilities connections for new construction shall be underground, but utility connections to structures which lawfully preexisted the adoption of this chapter may be maintained.

(Ord. 1296, § 1, 7-28-09)

The following standards apply to development or construction in the commercial zone:

A.

Construction sites shall be maintained free and clear of attractive nuisances and debris and/or fenced or screened as determined by the building inspector;

B.

Sites shall be maintained during construction as not to become an attractive or public nuisance due to storage of material, parking or activities of construction workers;

C.

Any portable toilets shall be set back ten feet from all property lines;

D.

Rubbish and refuse service with the city's franchised hauler shall be required at the time a building permit is issued. Service may be weekly pickup service if accessible by a public street or as otherwise authorized by the director;

E.

Contractors shall submit to the city a complete list of subcontractors for all services and trades and each contractor or subcontractor shall obtain a city business license prior to any work or request for inspection. Work commenced prior to issuance of necessary permits and business licenses shall be subject to double permit fees pursuant to Chapter 15.04 of this code;

F.

Use of the public right-of-way for storage, work, staging, or off-loading requires a permit pursuant to Chapter 12.12 of this code;

G.

Any paved public right-of-way affected by construction shall be cleaned each evening by the contractor. Cleanup shall include, but not be limited to, streets, roadways, gutters, sidewalks and parkways;

H.

Violations of this section may result in the issuance of a stop work order by the building inspector in the manner specified in Chapter 15.05 of this code.

(Ord. 1296, § 1, 7-28-09; Ord. No. 1466, § 73, 3-28-23)

Chapter 17.37 - C COMMERCIAL ZONE—DOWNTOWN OVERLAY ZONE[[9]]

Footnotes:

--- ( 9 ) ---

Editor's note— Ord. No. 1296, § 2, adopted July 28, 2009, repealed chapter 17.37, §§ 17.37.010— 17.37.190, which pertained to C Commercial Zone Downtown Overlay Zone and derived from Ord. 1225, § 1(part), 2005; and Ord. 1282, § 2, adopted Oct. 18, 2008.

Chapter 17.38 - INSTITUTIONAL ZONE[[10]]

Sections:

Footnotes:

--- ( 10 ) ---

Editor's note— Section 1 of Ord. No. 1376, adopted June 14, 2016, amended Ch. 17.38 in its entirety to read as herein set out. Former Ch. 17.38, §§ 17.38.010—17.38.050, pertained to similar subject matter, and derived from Ord. No. 1143, ;s 1(part), adopted in 1997; Ord. No. 1256, § 1(Exh. A(part)), adopted in 2006; and Ord. No. 1258, § 1, adopted in 2006.

The institutional zone ("I") is established to:

A.

Allow public and private uses which provide public services to the community.

B.

Allow for the integration of adjacent commercially zoned property into the institutional environment, provided there is no net loss of commercial space.

(Ord. No. 1376, § 1, 6-14-16)

17.38.020 - Permitted uses.

The following uses shall be permitted in the "I" zone:

A.

Repairs, maintenance, interior alterations, minor exterior alterations, and minor structural alterations that do not result in expansion of the use as determined by the director;

B.

Minor accessory structures customarily used in conjunction with a permitted use;

C.

Construction equipment, supplies and offices during a construction period (as permitted in the "I" zone, and for thirty days after completion of such construction, provided the same is on the subject lot or an adjacent lot (with the consent of the owner thereof), and is shielded from the street by a construction fence;

D.

Parks, playgrounds, recreational areas, and open space; and,

E.

Signs, as provided by Chapter 17.72.

(Ord. No. 1376, § 1, 6-14-16)

17.38.030 - Conditional use permit required.

A.

The following are permitted only after a conditional use permit is approved pursuant to Chapter 17.60, as supplemented by this Chapter 17.38:

1.

Arboretums or botanical gardens;

2.

Cemeteries or columbariums;

3

Churches and other places of religion;

4

Civic uses;

5.

Communal residential facilities;

6

Cultural centers;

7.

Daycare/preschool facilities;

8.

Hospitals, convalescence facilities;

Housing for institutional uses such as dormitories;

Museums;

11.

Places of assembly

12.

Public recreation facilities;

13.

Retreat centers, health spas and similar uses;

Schools;

Social service offices, but excluding "for profit" activities;

16.

Any of the above (as a principal use) may be combined with a conditional use permit for a subordinate use permitted (or conditionally permitted) in an abutting "C" zone; and

17.

Any new structure or addition to, structural alteration of, or intensification of an existing use or structure except as permitted in Section 17.38.020.

B.

Conversion of school sites is only allowed if the site is no longer needed to meet further educational needs of the city. In addition, priority should be given to uses that fulfill open space and recreational needs of the city, such as, without limitation, arboretums or botanical gardens in determining the substitute uses for school sites to the extent possible.

(Ord. No. 1376, § 1, 6-14-16)

Any application for a conditional use permit in the "I" zone shall also require a master plan which shall comply with all of the following:

A.

Master Plan Objectives and Requirements. In addition to the findings required for a conditional use permit, the planning commission, and city council on appeal, shall find that the proposed master plan is consistent with the general plan and that all of following provisions are met:

1.

Structures shall convey the village theme in their siting, massing, scale, use of open space and architectural character, and shall otherwise be consistent and compatible with adjacent uses;

2.

Historic structures shall be preserved to the maximum extent possible, and the project improvements shall be located and designed in a manner that does not adversely affect properties in the immediate neighborhood nor adversely affect cultural, historic, and environmental resources;

3.

Structures should be designed to a high level of architectural quality, being a visual asset in the area in which they are located;

4.

Buildings and sites shall be designed to enhance the pedestrian character of the city, by opening directly onto sidewalks, providing walkways, other pedestrian linkages, and other amenities and incorporating public open activity spaces;

5.

Landscaping shall be incorporated with the building design and reflect the overall visual character of the district which surrounds it, and shall consist of a combination of trees, shrubs and ground cover with careful consideration given to eventual size, form, susceptibility to disease and pests, durability, and adaptability to existing soil and climate conditions;

6.

The project shall incorporate water conservation practices such as, but not limited to, greywater plumbing, permeable ground surfaces, drought tolerant landscaping, green building materials, rainwater capture devices, and low-flow fixtures;

7.

Any development of a site located north of the "Hillside view line" defined in Section 17.52.080 of this title or adjacent to R-H-zoned property shall protect the natural environment from change, preserve and protect views and preserve and maintain the identity, image and environmental quality of the R-H zone; and

8.

The project will not displace or encroach into existing commercial uses.

B.

Contents of a Master Plan. A master plan shall include the following components:

1.

A diagram encompassing all parcels owned or controlled by the applicant, showing the following:

a.

Existing buildings, structures, yards, walls, walks, vehicle parking areas, and landscaping and their respective date of original construction;

b.

Street alignments, grades and widths;

c.

Drainage and sanitary facilities and utilities, including alignments and grades thereof;

d.

Location and size of all required easements and rights-of-way;

e.

Location of fire hydrants, fire roads and firebreaks;

f.

Lot size and configuration;

g.

Traffic access;

h.

Grading;

i.

Land to be dedicated for park and/or recreational purposes, if any; and

j.

Other specific physical requirements in the plan and configuration as may be necessary to ensure consistency with, or implementation of, the general plan, or other applicable specific plan.

A plan showing the proposed development on the site and any expansion or new or intensified principal use (under the institution's ownership or control), shall indicate the following:

a.

All proposed changes or alterations to existing buildings, structures, yards, walls, walks, vehicular parking areas, landscaping, building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, and archaeological sites, and other such features as may be needed to make the development attractive, adequately buffered from adjacent uses and compatible with the character of the surrounding area; and

b.

The plan shall include a boundary survey prepared by, or under, the direction of a registered civil engineer or licensed land surveyor. If the applicant does not have a record title ownership interest in the premises, the applicant shall provide satisfactory evidence that the persons with the record title ownership have consented to the proposed development. For the purposes of this paragraph, "record title ownership" shall mean fee or lesser interest of record. Record title ownership does not include ownership of mineral rights or other subsurface interests which have been severed from ownership of the surface.

3.

A landscape plan, or plans, prepared by a licensed landscape architect, or other qualified landscape professional, drawn to scale of not less than one inch equals ten feet, and includes the following information:

a.

Total square footage of all landscaped areas;

b.

Square footage of each landscaped area;

c.

Percentage of the total premises devoted to landscaping;

d.

Type of plant materials, i.e., the botanical and common names;

e.

Location, container size and number of all new plant materials;

f.

Type, size and location of a permanent irrigation system adequate for the proposed landscaping; and

g.

Location of existing trees four inches or greater in diameter, measured eighteen inches above ground level, and an indication of whether they are to be retained or removed.

C.

Development Standards. The following development standards shall guide the design of the institutional ("I") zone sites and except as modified in an approved master plan, shall apply to sites in the institutional ("I") zone:

1.

Height.

a.

Adjacent to R-1 and commercial ("C") zones. Building height shall not exceed the height limits set forth below when located within the distances specified from the boundary line of a lot classified in the following zones:

b.

Special Design Features. Notwithstanding subsection A.1. of this section, architectural elements such as but not limited to towers, belfries and pedimented entryways may exceed the mandatory height limits; provided that it is in keeping with the architectural style of the building.

2.

Permissible Lot Coverage. Maximum coverage of all buildings, accessory buildings and structures, and enclosed porches, excluding courtyards, breezeways and covered walkways, shall not exceed the following amount:

The percentage may be increased up to a maximum of seventy percent site coverage, by an amount equal to the area of required on-site vehicle parking which is reduced through off-site joint use of parking facilities pursuant to Section 17.68.060D. of this title. Minimum site open space shall be thirty percent of the site area. As used in this chapter, open space are those areas of the site not improved for vehicle parking, buildings, accessory buildings and structures, and enclosed porches and includes landscaped areas, playing fields (but not viewing stands), walkways, front, side and rear yard areas, and required buffers.

3.

Yards. Same as specified in the immediately adjacent zone.

4.

Facades. Building facades shall not be blank, but shall be modulated and articulated compatible with the design and architectural context of adjacent structures.

5.

Exterior Lighting. All lighting shall be shielded and directed onto the site. No floodlighting shall be located so as to shine directly onto any adjacent residential property. This condition shall not preclude the installation of low-level security lighting. All lighting shall be designed and located so as to confine direct rays to premises.

6.

Access and Parking. Parking spaces as required by Chapter 17.68 shall be provided as well as adequate provisions for vehicular access and loading to prevent undue congestion on adjacent streets and highways.

7.

Loading Space. Loading spaces as provided in Chapter 17.36.

8.

Landscaping. All open areas including vehicular accessways and parking areas, pedestrian walkways and paved and/or covered recreational facilities shall be landscaped and irrigated if planted. Parking areas shall be screened from the street by landscaping trees and shrubs to a height of at least forty-two inches. Such landscaping and irrigation systems shall be permanently maintained. If an existing tree with a diameter of four inches or greater, measured eighteen inches from ground level is removed, it shall be replaced with a similar or acceptable substitute specimen tree (minimum thirty-inch box container size) elsewhere on the site.

(Ord. No. 1376, § 1, 6-14-16)

Adjustments to the development standards of this chapter may be permitted in the master plan provided the planning commission finds that the project:

A.

Contains activities and functions which will be a significant asset for the city;

B.

Adequately mitigates impacts attributable to any increase in floor area ratio and height; and

C.

Provides additional benefits to the community above those which can be exacted to account for the development's direct impact. Such benefits would include, without limitation, making available parking to the public when not needed for the use, dedication of on-site recreational space or parkland, facilities for public meetings, and child care available to the public.

(Ord. No. 1376, § 1, 6-14-16)

Chapter 17.39 - RHO RELIGIOUS HOUSING OVERLAY ZONE

Sections:

The religious housing overlay zone ("RHO") is established to:

A.

Provide churches and other places of religion with the ability to utilize their land in a manner consistent with their mission, to provide housing for disadvantaged populations;

B.

Expand opportunities for affordable housing connected to community institutions; and

C.

Enable better utilization of land resources which are often unused, such as parking lots used for onceweekly services.

D.

Provide churches and other places of religion with greater certainty regarding their land use rights for affordable housing development, while providing opportunity for appropriate public and planning commission review.

(Ord. No. 1450, § 2(Att. C), 4-12-22)

In addition to any uses permitted in the base zone, the following uses shall be permitted in the RHO zone:

A.

Dwelling units (attached or detached), at a minimum of twenty and maximum of forty-two dwelling units per acre. The size of the lot shall be calculated as the portion of the site being developed for housing and the accessory uses which serve the housing development. It shall not include portions of the site which are primarily used by the church or other place of religion.

B.

Accessory buildings and uses customarily incidental to multifamily residential uses allowed, such as parking garages for residents, recreational facilities, guest houses, laundry-rooms, storage sheds, gazebos, etc.

C.

A trailer used as a construction office or as a residence of the owner and his/her family during construction, but only while a building permit for the construction of one or more permanent residences is in full force and effect and in no event longer than two years.

D.

Transitional and supportive housing, subject to the same standards as may be required for dwellings in this zone.

E.

Residential care facilities, subject to the same standards as dwelling units.

(Ord. No. 1450, § 2(Att. C), 4-12-22)

A.

All housing developments processed under the standards of this overlay zone shall be subject to a religious housing agreement, which shall include all of the elements required for a density bonus housing agreement in Section 17.34.130.

B.

At least one-half of the units shall be developed, offered to, and sold or rented to households of lower income at an affordable housing cost, as these terms are defined in Section 17.34.020.

C.

If the project consists of units for sale, it may instead develop, offer to, and sell a minimum of ninety percent of units to households of moderate income at an affordable housing cost, as these terms are defined in Section 17.34.020.

D.

Affordable units are subject to the size, quality and locational standards defined in Section 17.34.110.

(Ord. No. 1450, § 2(Att. C), 4-12-22)

When a property has received an existing discretionary entitlement including, but not limited to, a conditional use permit or master plan approval, development subject to the standards of this overlay zone may be approved without an amendment to the original entitlement, provided that the proposed development applies with all use and development regulations of the RHO zone, and:

A.

The proposed development lies entirely within portions of the site which are not developed with institutional buildings. For example, the proposed development is located on land which is currently used as church parking, open space, or residential buildings; and/or

B.

The proposed development consists of the adaptive reuse of existing buildings on the site.

(Ord. No. 1450, § 2(Att. C), 4-12-22)

17.39.050 - Preliminary design review.

A.

All developments processed under the standards of this zone shall submit a preliminary design review application in a form determined by the director.

B.

Upon submission of a complete preliminary design review application, the director will schedule a preliminary design review hearing before the planning commission.

C.

Public notice of an application shall be provided by the city in a manner deemed reasonable in the sole discretion of the director.

D.

The planning commission shall provide comments to the applicant concerning the mass, form, spatial elements, materials, colors and overall design to encourage the development to incorporate good design principles and to be compatible with its neighborhood and natural surroundings.

(Ord. No. 1450, § 2(Att. C), 4-12-22)

17.39.060 - Development standards.

A.

Off-street Parking.

a.

Reutilization of Church Parking. Reductions in parking for church and school uses below the minimum otherwise required by this Municipal Code is permitted to construct development that conforms to the standards of this chapter. The reduction in parking allowed shall be limited to the footprint of the residential structures and accessory structures, open space or landscaping serving the residential development.

b.

Residential Parking Standards. Development under the RHO zone is eligible for the alternative or special parking standards described in Section 17.34.070.

c.

Off-Site Parking. Parking for any on-site use may be located on the same lot as the use the parking will serve. When a parking lot is located on a site other than that on which the facility being served is located, an agreement approved by the city attorney reserving the site for parking purposes shall be recorded in the office of the Los Angeles County recorder. Such off-site parking shall be located no more than six hundred feet walking distance from the nearest point of the building that the parking is required to serve.

B.

Height.

a.

Height Limit. No building shall exceed either thirty-five feet in height or three stories above grade, as calculated in the manner illustrated in Section 17.28.080.C.

b.

Height Adjacent to Public Streets. No building shall exceed either thirty feet in height or two stories above grade within forty feet from any public street other than Michillinda Avenue.

c.

Height Adjacent to R-1 Zone. For yards abutting an R-1 zoned lot, an encroachment limit shall be established which is determined at the point where the wall height is twenty feet, and using a forty-fivedegree angle inwards toward the property to create additional setback. (See illustration in Section 17.28.080.F.7).

C.

Front Setback. The minimum front setback shall be fifteen feet for all floors of the building, except along Michillinda Avenue and Baldwin Avenue, where the minimum front setback shall be five feet.

D.

Open Space. One hundred seventy-five square feet per dwelling unit of on-site open space shall be provided for use by residents. Such open space may be located on the ground floor or above, and may be

met with a combination of common open space and private open space. In order to be counted toward the open space requirement, the minimum width and length of each space shall be ten feet for common spaces and five feet for private spaces. Driveways and other vehicular access areas shall not count toward the open space requirement.

E.

Podium Parking Requirements. Any parking constructed at or above grade shall not be oriented along the frontage of any street. Parking constructed partially above grade shall be permitted along the frontage of a street only along Michillinda Avenue.

F.

All other development standards shall conform to the requirements of Section 17.28.080, with the exception of lot coverage and floor area ratio standards, which shall not apply.

(Ord. No. 1450, § 2(Att. C), 4-12-22)

17.39.070 - Flexibility provisions.

Proposed development pursuant to this RHO zone which does not meet the conditions listed in Section 17.39.040 shall be permitted subject to a master plan and conditional use permit, or the standards and procedures of the base zone. This may include conditions in which:

A.

The development plan includes demolition of existing structures of nonresidential use;

B.

The applicant desires to locate housing on portions of its existing church or other religious place's campus which are not zoned RHO. In this case, the number of units that would be permitted under the conditions of Sections 17.39.020 and 17.39.040 may be placed on other parts of the campus, provided that they are contiguous with the RHO zoned parcels.

(Ord. No. 1450, § 2(Att. C), 4-12-22)

Chapter 17.40 - M MANUFACTURING ZONE

Sections:

In an M zone only the following uses are permitted as are hereinafter specifically provided and allowed subject to the provisions of this chapter governing off-street parking requirements.

Any use permitted in the C zone;

Assembly of electrical appliances such as:

Electronic instruments and devices,

2.

Radios and phonographs, including manufacture of small parts, such as coils;

Bakeries, coffee roasters, commercial kitchens, and other food processing and production facilities (excluding slaughterhouses, rendering plants or other facilities that the director determines are likely to emit foul odors or create other nuisances);

Boatbuilding (limited to those craft which may be transported over a state highway without permit);

Bottling plants;

Building material storage yards;

Cabinet shops, carpenter shops, furniture manufacture;

Carpet cleaning plants;

Ceramic products, manufacture of, including figurines, using only previously pulverized clay and kilns fired only by electricity or low pressure gas;

Cleaning and dyeing plants;

Contractors' storage yards;

Draying, freighting, trucking yards, terminals;

Electric or neon sign manufacture;

Emergency shelters;

Feed and fuel yards;

Fruit packing houses;

Garment manufacturers;

Ice and cold storage plants;

Laboratories, experimental, motion pictures, testing;

Lumber yards;

Machine shops;

Manufacture of prefabricated buildings;

Outdoor advertising;

Plastics, fabrication from;

Plumbing shop, supply yards;

Public utilities service yards or electrical receiving and/or transforming stations;

Sheet metal shops;

Shoe manufacturing;

Soap manufacture, cold mix only;

Storage space for transit and transportation equipment, except freight classification yards;

Textile manufacture;

Tinsmiths;

Wholesale businesses, storage buildings and warehouses.

Any industrial use not specifically permitted herein must be reviewed as a conditional use permit in order to locate industry in its proper and available location in the region and prevent conflict with the high degree of residential development existing in and around the city. Any use that is found to be objectionable or incompatible with the character of the city and its environs may be denied a conditional use permit based upon the standards contained in Section 17.60.040.

(Ord. 1084 § 1 (part), 1992; prior code § 9500)

(Ord. No. 1352, § 10, 2-11-14; Ord. No. 1455, § 4(Exh. C), 5-24-22)

17.40.020 - Property development standards.

Notwithstanding anything to the contrary in this chapter, projects incorporating uses permitted in the C zone, including residential uses, shall be developed in locations, to development standards, and with required reviews and approvals only as set forth in Chapter 17.36. The regulations set forth in the following sections shall apply to all other uses and development in the M zone.

(Ord. 1084 § 1 (part), 1992; prior code § 9501 (part))

(Ord. No. 1455, § 4(Exh. C), 5-24-22)

17.40.025 - Emergency shelters development standards.

A.

Property Development Standards. The emergency shelter shall conform to all property development standards of the M Zone except as modified by these development standards.

B.

Maximum Number of Persons/Beds. An emergency shelter for homeless persons shall contain no more than eight beds and shall provide shelter for no more than eight persons. Additionally, the cumulative total number of beds permitted in the M Zone shall not exceed eight. Such maximum number may be accommodated in multiple shelters not to exceed the cumulative total.

C.

Parking. One parking space for each employee or volunteer on duty, plus one space for every vehicle operated by the facility, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.

D.

Lighting. Adequate exterior lighting shall be provided for security purposes. The lighting shall be stationary and designed, arranged and installed so as to confine direct rays onto the premises and to direct light away from adjacent structures and public rights-of-way. External lighting shall be of intensity compatible with the neighborhood.

E.

Common Facilities. The emergency shelter may provide one or more of the following specific common facilities for the exclusive use of the residents:

1.

Central cooking and dining room.

2.

Recreation room.

3.

Laundry facilities to serve the number of occupants in the shelter.

4.

Other uses that are considered as ancillary to the primary use such as office, storage.

F.

On-site Staff. At least one manager shall be on site during all hours of operation of the facility. Such manager must be an individual who does not utilize the shelter's beds or other services and who resides off-site. The manager must be accompanied by one supportive staff member. Such staff member must be an individual who does not utilize the shelter's beds or other services and who resides off-site.

G.

Security. Security personnel shall be provided during operational hours whenever clients are on the site. Security personnel are in addition to the staffing requirements in subsection (E). A security plan shall be

submitted to the city prior to issuance of a certificate of occupancy.

H.

Concentration of Uses. No more than one emergency shelter shall be permitted within a radius of three hundred feet from another such emergency shelter.

I.

Emergency Shelter Operations. The agency or organization operating the emergency shelter shall comply with the following requirements:

1.

Each emergency shelter resident shall stay for no more than ninety days (cumulative, not consecutive) in a three-hundred-sixty-five-day period. Extensions up to a total stay of one hundred eighty days in a threehundred-sixty-five-day period may be provided if no alternative housing is available.

2.

On-site client waiting and intake areas shall be located inside the building.

3.

The provider shall provide an annual report of the use of the facility and determination of compliance with the city's development standards for the use.

(Ord. No. 1352, § 11, 2-11-14; Ord. No. 1441, § 6(Exh. B), 5-11-21)

No building structure, or any part thereof in an M zone shall be erected to a height exceeding two stories or thirty feet, whichever is the lesser.

(Ord. 1041 § 1 (part), 1988: prior code § 9501(a))

Every lot and every parcel of land in an M zone shall have a front yard only when any one or more of the following conditions apply:

A.

If the premises are devoted to an R use in the M zone, such use shall maintain a front yard conforming to the front yard requirements in the R-3-13 zone.

B.

When property classified for M purposes comprises part of the frontage in a block on one side of a street between intersecting streets and the remainder of the frontage in the same block is classified for R purposes, the front yard in such M zone shall conform to the front yard required in the R-3-13 zone.

C.

A front yard shall be provided as may be required by specific plan or in a conditional use permit or variance.

(Ord. 1084 § 1 (part), 1992; prior code § 9501(b))

(Ord. No. 1466, § 74, 3-28-23)

No building shall be erected closer than ten feet to the rear of any lot zoned for M purposes, if the rear of such lot abuts the side lot line of property zoned for R purposes and no alley intervenes.

(Ord. 1084 § 1 (part), 1992; prior code § 9502)

Any building located on an alley and having an opening used as a means of access from such alley shall maintain a distance of not less than ten feet from such alley.

(Ord. 1084 § 1 (part), 1992; prior code § 9503)

All uses shall be subject to all specific requirements of this chapter, including off-street parking.

(Ord. 1084 § 1 (part), 1992; prior code § 9504)

All trash, garbage and refuse storage areas shall be screened on all sides from public view by a minimum five and one-half-foot-high permanent wall in conformance with the architectural design of the related buildings, including a solid gate of durable wood or comparable material. All bins and containers within the enclosure shall be maintained with lids closed except for placement of material within such containers.

(Ord. 973 § 2 (part), 1980: prior code § 9505)

The following standards apply to development or construction in the M zone:

A.

Construction sites shall be maintained free and clear of attractive nuisances and debris and/or fenced as determined by the building inspector.

B.

The residential character of neighborhood to be maintained during construction as to not to become an attractive or public nuisance, due to storage of material, parking or activities of the contractor employees.

C.

Temporary services on-site, shall be ten feet behind the property line, i.e., portable toilet facilities.

D.

Rubbish and refuse service with city contractor shall be required at the time the building permit is issued. Service may be weekly pickup service if accessible by a public street, or by scout or commercial service as otherwise authorized.

E.

Contractors, subcontractors shall be required to have a completed subcontractors list for all services and trades and business licenses obtained prior to any construction or request for inspection. Where work for which a permit is required wherein the work has started or has proceeded prior to obtaining said permits or business licenses, the permit fees shall be doubled pursuant to Chapter 15.04 of this code.

F.

Use of the public right-of-way for storage, work, staging, or off-loading requires a permit and approval in advance of any activity pursuant to Chapter 12.12 of this code.

G.

The public right-of-way, if improved and in place, or at the entry to the project from an existing street, shall be cleaned each evening by the contractor. Clean up shall include, but not be limited to, streets, roadways, gutters, sidewalks, and parkways.

H.

Violations of subsections (A) through (G) of this section may result in the issuance of a stop work order by the Building Inspector. Work so halted shall have the right of due notice and an Administrative Hearing upon request.

(Ord. 1051 § 4 (part), 1989: prior code § 9506)

Chapter 17.41 - KENSINGTON SPECIFIC PLAN OVERLAY ZONE

Sections:

Notwithstanding any other provisions of this chapter, the following land within the city is placed in the Kensington Specific Plan Overlay Zone:

Lot "A" of Tract No. 6962 in the City of Sierra Madre, County of Los Angeles, State of California, as per map recorded in Book 145, Pages 84 and 85 of Maps, in the Office of the County Recorder of said County and

Lots 26, 27, and 28 of Mrs. C.B. Jones' Subdivision of the south half of the west half of Lot 15 of Sierra Madre Tract, in the City of Sierra Madre, County of Los Angeles, State of California, as per map recorded in Book 13, Page 89 of Miscellaneous Records of said County.

(Ord. No. 1331, § 2, 8-14-12)

All development within the Kensington Specific Plan Overlay Zone shall occur in accordance with the Kensington Specific Plan only for rest homes, guest homes, convalescent facilities, assisted living facilities and similar institutions. The Kensington Specific Plan was adopted by Resolution No. 12-57 by the City Council of the City of Sierra Madre on July 24, 2012 and consists of forty-seven pages. Two copies of the specific plan are on file with the city clerk for use and examination by the public. To the extent that a development is other than a rest home, guest home, convalescent facility, assisted living facility or similar institution, the requirements of the underlying zones shall prevail.

(Ord. No. 1331, § 2, 8-14-12)

Chapter 17.42 - THE BRITISH HOME SPECIFIC PLAN OVERLAY ZONE

Sections:

Notwithstanding any other provisions of this Title 17, the following land within the city is placed in the The British Home Specific Plan Overlay Zone:

Lots 7, 8, 9 and 10 of Tract No. 9699 in the City of Sierra Madre, County of Los Angeles, State of California, as per map recorded in Book 158, Page 27 of Maps, in the Office of the County Recorder of said County;

Lots 12, 13, 14 and 15, in Block "C" of the Andrews Subdivision of the west half of Lot 1, Sierra Madre Tract, as per map of said Tract recorded in Book 16, Page 13, Miscellaneous Records of said County; and

Lot 16 of Block "C," in the City of Sierra Madre, County of Los Angeles, State of California, as per Map recorded in Book 16, Page 13 of Miscellaneous Records, in the Office of the County Recorder of said County.

(Ord. No. 1334, § 1, 2-12-13)

17.42.020 - Development regulations.

All development within The British Home Specific Plan Overlay Zone shall occur in accordance with The British Home Specific Plan only for rest homes, guest homes, convalescent facilities, assisted living facilities and similar institutions. The British Home Specific Plan was adopted by Ordinance No. 1334 by the city council of the City of Sierra Madre on February 12, 2013 and consists of forty-three pages. A copy of the specific plan is on file with the planning and community preservation department for use and examination by the public. To the extent that a development is other than a rest home, guest home,

convalescent facility, assisted living facility or similar institution, the requirements of the underlying zone(s) shall prevail.

(Ord. No. 1334, § 1, 2-12-13; Ord. No. 1466, § 75, 3-28-23)