A. Special Structure Permit Required. The following specific structures shall require the issuance of a special structure permit from the designated approval authority (planning commission as described in Table 17.06.070-1) prior to development/installation:

B. Exempt Accessory Buildings and Structures. No zoning clearance or special structure permit is required for the following buildings and structures.

A. Location and Required Setbacks. Accessory buildings and structures may be located within required yard areas in compliance with the development standards in Table 17.40.040-1 (General Minimum Setback Standards for Accessory Buildings and Structures). Figure 17.40.040-1 (General Setback Standards for Accessory Buildings and Structures for Interior Lots) illustrates where accessory buildings and structures are generally allowed.

Location	Setback

Location	Setback
Front	120 ft., or 30 ft. behind front line of main structure, whichever is less1, 2
Side, interior	10 ft.
Side, street side	See Table 17.38.010
Rear	10 ft.
Rear, abutting street	30 ft.3, 4
Between structures and buildings	8 ft.5, 6

Notes:

1See special front yard location and setback standards for athletic courts (section 17.40.050(A)), arbors and trellises (section 17.40.050(B)), and artwork and fountains (section 17.40.050(H)).

2On flag lots, the front setback for accessory buildings and structures shall be consistent with the front yard setback of the main residence upon issuance of a special structure permit.

3For structures that are less than three feet in height, the minimum setback shall be ten feet.

4When the rear property line abuts the town boundary, the minimum setback shall be ten feet.

5Stables shall not be located within forty feet of any building intended or used for human habitation on the same lot, shall not be located within forty feet of any property line, and shall not be located within eighty feet of any building intended or used for human habitation on an adjoining lot.

6In all cases, the eight-foot separation shall be maintained between the main building and accessory building(s), between the main building and accessory structure(s) and between accessory building(s) and accessory building(s). The separation between accessory building(s) and accessory structure(s) and between accessory structure(s) and accessory structure(s) shall be the minimum distance required under the California Code of Regulations as adopted by the city council.

B. Height. Unless otherwise specified, the maximum height for all accessory buildings and structures is fifteen feet or one story. Vertical sidewalls or columns shall not exceed eleven feet. No other use of structure shall be located above the first story (i.e., no roof decks, spas, etc.). See chapter 17.42, Building Height and Measurement.

C. Lot Requirements. Unless otherwise identified for specific types of structures or buildings, all accessory buildings and structures shall be constructed only in conjunction with or subsequent to the construction of a main building. An accessory structure or building may be located on a lot without a main building only if all of the following conditions exist:

D. Kitchens. One kitchen may be within an approved accessory building or structure.

E. Bathrooms. There shall be no limitation on the number of bathrooms allowed in an accessory building.

F. Connecting Accessory Buildings and Structures. Accessory buildings and structures shall be detached from the main building and other accessory buildings and structures, except that:

G. Floor Area Ratio Calculation. Accessory buildings and structures shall count towards the allowed floor area ratio of the underlying zoning district as identified in section 17.32.040 (Development Standards for Residential District R-1A) and section 17.33.040 (Development Standards for Residential District R-1B), except that floor area ratio shall exclude the following:

2. Structures, open on all sides, with substantially open roofs (e.g., trellis), that meet the following criteria:

a. No more than one side of the structure is attached to the main building and no more than one side of the structure is enclosed by small structural features (e.g., outdoor kitchens/barbeques, fire pits/fireplaces, cabinets); provided, that on the side with the structural feature at least fifty percent of the side is still open (see figure 17.40.040-2 (Attached Trellis Exempt from Floor Area Requirement)); or

b. No more than two sides shall be partially enclosed with small structural features (e.g., outdoor kitchens/barbeques, fire pits/ fireplaces, cabinets); provided, that at least fifty percent of both sides is still open and the other two sides are completely open.

H. Windows. Accessory buildings and structures may include windows and/or skylights, except that no window or skylight openings that face the side or rear property line shall be located over nine feet above the ground level.

I. Lighting. All lighting on accessory buildings and structures that are located outside of the main building area shall be shielded or downlit and shall not shine onto adjoining properties.

J. Temporary Habitation. Temporary habitation of an accessory building or structure is permitted for a period of no more than thirty days in any calendar year (consecutive or intermittent). Temporary habitation of an accessory building for more than thirty days may be permitted upon issuance of a Conditional Use Permit when the main building is vacant for remodeling or other similar purposes. (Ord. 609 § 1, 2014; Ord. 605 § 1, 2014; Ord. 582 § 1 (Exh. A), 2009)

A. Athletic Courts. Any athletic court shall be considered an accessory structure and may be located in areas permissible for accessory buildings and structures. Athletic courts may also be located on other portions of the lot, where accessory buildings and structures are normally prohibited, only upon issuance of a special structure permit; however, in no event shall an athletic court be closer to any side or rear property line than specified in Table 17.40.040-1 or closer to the front property line than the minimum front yard setback line of the main dwelling. These types of facilities are intended and are to be used solely for the enjoyment of the occupants and guests of the principal use of the property on which it is located. No commercial or advertised use of the skateboard ramp/BMX tracks shall be permitted and no donations or contributions shall be solicited or received for use of or attendance at skateboard ramp/BMX track activities. Any athletic court shall be constructed or erected in accordance with the following standards:

B. Arbors and Trellises. Arbors, trellises, and pergolas are subject to the same development standards as other accessory structures listed in section 17.40.040 (General Development Standards). This includes adhering to the minimum setback standards and the maximum structure height of fifteen feet and maximum sidewall height of eleven feet (e.g., columns and posts are allowed to a maximum of eleven feet and pitched roofs are allowed to a maximum of fifteen feet). However, arbors, trellises, pergolas, and other such structures may be constructed without regard to the setback requirements if conforming to all of the following:

6. Lighting shall be shielded or downlit so the source of the light is not visible from other properties.

C. Roof-Mounted Antennas. Roof-mounted antennas are only permitted when the boom and any active elements of the antenna array are not more than fifteen feet in length and meet the following conditions:

D. Ground-Mounted Antennas. A ground-mounted antenna is only permitted when the following conditions are met:

E. Pools and Spas. A pool or spa shall be located within the area generally allowed, identified in Table 17.40.040-1 (General Minimum Setback Standards for Accessory Buildings and Structures) and figure 17.40.040-1 (General Setback Standards for Accessory Buildings and Structures for Interior Lots). However, upon issuance of a special structure permit, a pool or spa may be located up to ten feet from side and rear property lines and between the front yard setback line and the front line of the main structure.

F. Pool Equipment Operation. No pumping, filter, or similar equipment shall be operated between the hours of eight p.m. and eight a.m., and all permits for the erection of pumping, filter, or other similar equipment shall include the installation of an automatic timing device adjusted to ensure such hours of operation.

G. Inflatable Covers.

H. Artwork and Fountains. Consistent with the setback requirements of Table 17.40.040-1 (General Minimum Setback Standards for Accessory Buildings and Structures), artwork and fountains are permitted in the following lot areas, consistent with specified development standards:

2. All Other Areas. Artwork may be located in side and rear yard areas provided they are set back from property lines consistent with Table 17.40.040-1 (General Minimum Setback Standards for Accessory Buildings and Structures) and are no taller than eleven feet in height (see figure 17.40.050-2 (Setbacks for Artwork and Fountains)).

I. Solar facilities other than pumps for water heaters not exceeding six feet in height are exempt from the minimum ten-foot side yard requirement. (Ord. 605 § 3, 2014; Ord. 582 § 1 (Exh. A), 2009)

A. Except as otherwise provided in section 17.42.040 (Exceptions to Height Limit for Main Structures), the height of structures shall not exceed the height limit for the applicable zoning district established by division II.

B. Additional height provisions for fences and walls are listed in chapter 17.46 (Fences and Walls).

C. Additional height provisions for accessory buildings and structures are listed in chapter 17.40 (Accessory Buildings and Structures). (Ord. 582 § 1 (Exh. A), 2009)

A. Height Measurement Generally. The allowable height shall be measured as the vertical distance at any point from the average natural grade within the building pad area to the topmost portion of the building or structure including structural framing and roof covering material. Continuous decorative roof elements, including but not limited to widow walks and railings, shall be included in the maximum building height. Height measurement shall not prohibit any portion of the building measuring fifteen feet or less in height as measured from the finished ground surface adjoining the wall (referred to as the height differential). Natural grade shall mean the original condition of the ground surface as it existed prior to mechanical grading or disturbance. Where the original condition of the ground surface cannot be determined, the town planner may approve a topographic survey of the property prepared by a registered civil engineer or licensed land surveyor indicating the approximate original condition of the ground surface of the site as can best be determined from record and survey data. Average natural grade shall mean the average elevation of the natural grade based upon twelve points of measure along the perimeter of the building prior to any cut and fill. Each point of measure shall be located (first) at every corner of the building and (second) every thirty feet along continuous walls with lengths over fifty feet. A “corner” shall mean a change in the wall plane of thirty degrees or more. However, if a building has more than twelve corners, then each corner shall be a point of measure regardless of the twelve-point requirement. The points shall be determined by starting at the most northerly corner of the building or structure as determined by magnetic north then moving clockwise around the building or structure. The calculation of the average shall be based on the following formula:

Elevation of point A + Elevation of point B…÷ the number of points = Average Natural Grade

See figure 17.42.030-1 (Elevation Points on a Parcel) for a representation of the elevation points located on a parcel and figure 17.42.030-2 (Height Measurements for Primary Structures).

B. Height Measurements for Basements. When a building includes a basement, as defined in this title, the height of the building shall be measured as described in subsection (A) of this section. Where a home with a basement includes a lightwell, stairwell, driveway access, or other excavated feature, the height shall be measured from that point on the building where the natural grade would be if the lightwell or other excavated feature were not developed. See figure 17.42.030-3 (Height Measurement for Basements).

C. Height Measurement for Sidewalls. The height of sidewalls shall be measured from the average natural grade to the base of the roof plate directly above. (Ord. 582 § 1 (Exh. A), 2009)

A. Chimneys located on the main residential structure, provided they do not exceed six feet in height above the roofline of the structure.

B. Solar panels may extend above the height limit for the zoning district subject to standards and regulations that ensure that the panels will not have a specific, adverse impact upon the public health or safety, as defined by State law.

C. On main buildings, architectural projections (e.g. towers, cupolas) individually totaling no more than four hundred square feet in footprint area are allowed to extend from the main building to a maximum of twenty-eight feet to the sidewall and thirty feet to the roof top. See figure 14.42.040-1 (Allowed Tower/Stairwell Height).

D. Exception for Vertical Projections. Vertical architectural projections on accessory buildings and structures (e.g., cupolas, spires, towers) may exceed the maximum height by two feet, up to a maximum of seventeen feet; provided, that the footprint of the projection is not more than five percent of the total footprint of the building. (Ord. 582 § 1 (Exh. A), 2009)

A. Basements under Main Buildings. Basements are permitted under a main building. The total allowed floor area for all basements under a main building shall be the same as the total floor area of the first floor of the building (e.g., maximum floor area for basements under a main building is one hundred percent of the floor area of the first floor of the main building). Additionally, the location of all basements as part of a main building shall be limited to the boundaries of the footprint of the first floor of the main building. Minor extensions of the basement beyond the first floor footprint above may be approved at a staff level for extensions that are no greater than one hundred forty square feet in combined area. However, because not all main buildings are exact rectangles, the approval authority (the planning commission as described in Table 17.06.070-1) may allow, through issuance of a special structures permit, exceptions to this rule when within the following parameters:

B. Basement under Accessory Buildings. Nonhabitable basements without lightwell(s) may be located under the footprint of accessory buildings outside of the main building area with no more than one exterior stair accessing the basement level. The exterior stair must be located within the allowable buildable area for accessory buildings. No windows are permitted in these basements. Basements containing habitable space with lightwell(s) may be located under the footprint of accessory buildings outside of the main building area with a special structures permit from the approval authority with the finding that the basement will not impact heritage trees and the condition that lightwells be located on the interior side of the yard, or the lightwell shall comply with the main building setbacks if facing an exterior yard. The approval authority may impose reasonable conditions including, but not limited to, increased setbacks and limitation on the size of lightwells.

C. Garages in Basements. Garages may be located in basements under buildings located within the main building area. (Ord. 616 § 1, 2015; Ord. 582 § 1 (Exh. A), 2009)

A. In instances where a building has a basement and the measurement of the vertical distance between the average natural grade of the site to the finished floor of the first story measures less than two feet, the basement area shall not be included in the calculation of floor area (see figure 17.44.040-1 (Basements and Floor Area)).

B. In instances where a building has a basement and the measurement of the vertical distance between the average natural grade of the site to the finished floor of the first story measures more than two feet, the basement area shall be included in the calculation of floor area (see figure 17.44.040-1 (Basements and Floor Area)).

C. Exceptions to the requirement of this section for hillside properties (where the average cross-slope is greater than twenty percent as determined under section 16.24.050 (Lot Size Requirements) of the town municipal code) may be permitted upon issuance of a special structure permit, provided landscape screening is maintained.

A. In residential district R-1B and for lots with an area less than ten thousand square feet in the R-1A district, an encroachment into both rear and interior side yards cannot exceed twenty-five percent of the length of the side of the building to which it is adjacent and a total area of one hundred square feet.

B. The encroachment is measured to the face of the retaining wall, rather than to the back of the wall.

C. These provisions do not apply to accessory buildings. Lightwells for these structures may only be allowed facing towards the interior of the lot and may not exceed the minimum setbacks for the accessory building.

A. The side(s) of a basement not wholly or otherwise substantially underground (e.g., greater than eighty percent) may not be located facing any side of a lot that abuts a road.

B. Except as provided in section 17.44.050 (Lightwells, Stairwells, and Other Excavated Features in R-1B and Smaller Lots in the R-1A), areas for stairways and lightwells for basements in the main building area may extend beyond the footprint of buildings, but shall be limited to the main building area.

C. Driveway approach for garages in basements shall be screened from the public right-of-way by design, landscaping, or a solid wall and gate. The driveway approach shall not negatively impact heritage trees. (Ord. 582 § 1 (Exh. A), 2009)

A. Zoning Clearance Required. Except as otherwise exempted below, zoning clearance shall be required for all fences, walls, entry gates, posts, decorative features, and similar structures. Each application shall be filed with the town planner on a prescribed form, together with all fees, plans, maps, and any other information required by the office of the town planner.

B. Special Structure Permit Required. A special structure permit is required for retaining walls that are taller than six feet in height or located less than twenty feet from other retaining walls on the same property; otherwise, only a building permit is required.

C. Exemptions. The following walls and fences are exempt from permit requirements:

A. Maximum Allowed Heights. Fences and walls shall not exceed the maximum heights shown in Table 17.46.030-1 (Maximum Height of Fences and Walls).

Notes:

4Wing walls are walls of buildings that extend past the eave. They do not provide support to the building. See figure 17.46.030-1 (Wing Walls).

B. Height Measurement. In all areas except for the required clear visibility area, fence height shall be measured from the natural grade at the base of the fence to the uppermost part of fence. Within the clear visibility area, fence height shall be measured from surface of the closest adjoining pavement to uppermost portion of the fence.

C. Fence/Wall Design Compatibility. In considering whether to issue a permit for such a fence or wall, the town planner shall ensure that it can meet each and all of the following criteria:

D. Retaining Walls. Retaining walls shall be located no closer than five feet from any property line. Except for basements and underground driveway approaches, the maximum height of the retaining walls shall not exceed six feet solid wall construction, with a maximum three-foot-high safety fence on top. A safety fence guard rail shall be placed on top of a retaining wall with a minimum height of forty inches where the edge of the wall is part of a pedestrian path. The safety fence shall be substantially open to light and air in compliance with applicable safety codes. Retaining walls shall be constructed no closer than twenty feet from one another on the same property, except that for every one-foot decrease in height of the retaining wall from the six-foot maximum, the minimum spacing may be reduced by four feet, provided the next closest retaining wall is of the same or shorter height. For example, a five-foot-tall retaining wall may be located sixteen feet from another retaining wall five feet tall or less. However, upon issuance of a special structures permit, the designated approving authority (the planning commission as described in Table 17.06.070-1) may allow for taller retaining walls or retaining walls located less than twenty feet apart. (Ord. 582 § 1 (Exh. A), 2009)

A. Maintenance. Fences and walls shall be continuously maintained in an orderly and good condition, at no more than their maximum allowed height.

B. Public Nuisance Declared. Each fence, wall, shrub, or tree constructed or maintained in violation of any of the provisions of this title is declared to be a public nuisance and subject to abatement as such. (Ord. 582 § 1 (Exh. A), 2009)

A. The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.

B. The use is conducted entirely within a dwelling and is carried on by the inhabitants thereof.

C. No persons other than the inhabitants are employed at the premises in relation to the home occupation.

D. No signs or commercial names are displayed for any purpose on or about the premises.

E. No business address listings are used in telephone or business directories, web sites, advertisements, or similar publications.

F. The use does not change the character of the dwelling or adversely affect the uses permitted in the surrounding district. There shall be no external evidence of business activity.

G. The use creates only infrequent or occasional additional traffic.

H. The entrance to the space devoted to such use is from within the building and no internal or external alterations or construction features not customary in dwellings are involved. (Ord. 582 § 1 (Exh. A), 2009)

A. New construction that exceeds eighteen feet above grade; or

B. New construction of an accessory structure or alteration to an existing accessory structure that is more than six feet above grade and is less than twenty-five feet from a property line; or

C. New construction of an accessory structure or alteration to an existing accessory structure that is ten feet above grade and less than thirty-five feet from a property line;

D. New construction of architectural projections (e.g., towers, cupolas) on main and accessory buildings implementing exceptions to Height Limits for Main Structures subject to section 17.42.040.

A. All front, side, and rear yards shall be landscape screened as described in this chapter. Front yards contiguous to a street shall not require landscape screening.

B. Plantings shall be provided by the owners and located to reduce the visual impact of structures. Planting with appropriate trees and plants shall be used where necessary to provide privacy. Landscaping on adjacent properties may be taken into consideration.

C. No plantings shall occur within five feet from the outermost perimeter of a building and/or structure that may conflict with any requirements of the Fire Department.

D. The provisions contained in this chapter are intended to be minimum standards and shall not preclude application of additional requirements where, in the opinion of the town arborist, such additional requirements are necessary to attain the purposes of this chapter and to attain compatibility with the general plan and the goals and policies of the town. (Ord. 654 § 1, 2022; Ord. 582 § 1 (Exh. A), 2009)

A. Adequacy of Screening. All plantings shall be of adequate size and spacing to ensure compliance with the screening requirements. A site inspection shall be conducted after a completed landscape screening application has been submitted. It shall be at the discretion of the town arborist to assess the adequacy of the proposed planting to meet the screening requirement.

B. Minimum Tree/Shrub Size and Growth Rate. Unless as provided herein, all trees and shrubs shall be at least twenty-four-inch box container size at the time of installation and shall reach a minimum height of twenty-two feet at maturity in accordance with the Sunset Western Garden book, or similarly accepted industry standard reference guide. Smaller and/or larger trees and/or shrubs may be required in the sole discretion of the town arborist where deemed necessary to meet the objectives of this chapter and based on unique topography, soils, or other factors impacting the effect of the screening.

C. Encouraged Tree and/or Shrub Species. Where suitable, the planting of California native and/or drought-tolerant shrubs and/or trees is strongly encouraged.

D. Prohibited Tree Species. The following tree species shall be prohibited as part of any required landscape screening plan:

A. Adequacy of Screening. All plantings shall be of adequate size and spacing to ensure compliance with the screening requirements. A site inspection shall be conducted after a completed landscape screening application has been submitted. It shall be at the discretion of the town arborist to assess the adequacy of the proposed planting to meet the screening requirement.

B. Minimum Tree Size. Unless as provided herein, all trees shall be at least thirty-six-inch box container size at the time of installation and shall reach a minimum height of twenty-two feet at maturity in accordance with the Sunset Western Garden book arboricultural standards, or similarly accepted industry standard reference guide. Smaller and/or larger trees may be required in the sole discretion of the town arborist where deemed necessary to meet the objectives of this chapter and based on unique topography, soils, or other factors impacting the effect of the screening.

C. Encouraged Tree and/or Shrub Species. Where suitable, the planting of California native and/or drought-tolerant shrubs and/or trees is strongly encouraged.

D. Screening of Lighting. All Landscape Screening plans shall be designed so as to screen any lighting on any buildings/structures from such lighting hitting any buildings on adjacent parcels.

E. Prohibited Tree Species. The following tree species shall be prohibited as part of any required landscape screening plan:

A. Minimum Tree Quantity and Size. Unless as provided herein, a minimum of two trees at least thirty-six-inch box container size at the time of installation, and shall reach a minimum height of twenty-two feet at maturity in accordance with the Sunset Western Garden book, or similarly accepted industry standard reference guide. Smaller and/or larger trees may be required in the sole discretion of the town arborist where deemed necessary to meet the objectives of this Chapter and based on unique topography, soils, or other factors impacting the effect of the screening.

B. Tree Planting Location. All trees to be planted to implement this Section shall be located inwards towards the main residence, in reasonable proximity to the tower/architectural projection and planted such that views from neighboring properties are screened to the maximum extent feasible. (Ord. 654 § 1, 2022)

A. “Accessory dwelling unit” or “ADU” means a building or portion of a building designed for use and occupancy by people living independently of the occupants of the main residence building. The ADU shall be on the same lot as the main residence. An ADU can be an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing single-family or multifamily development. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes the following:

B. “Attached accessory dwelling unit” means a newly constructed unit that is connected to the primary single-family home by at least one wall.

C. “Detached accessory dwelling unit” means an accessory dwelling unit that is not structurally attached to the main residence.

D. “Efficiency unit” means a living unit which includes all the following:

E. “High-quality transit corridor” pursuant to California Public Resources Code Section 21155 means a corridor with fixed route bus service with service intervals no longer than fifteen minutes during peak commute hours. A project shall be considered to be within one-half mile of a major transit stop or high-quality transit corridor if all parcels within the project have no more than twenty-five percent of their area farther than one-half mile from the stop or corridor.

F. “Junior Accessory dwelling unit” or “JADU” means a unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following: a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

G. “Living area,” for the purpose of this chapter, means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

H. “Major Transit Stop,” pursuant to California Public Resources Code Sections 21064.3 and 21155, means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, the intersection of two or more major bus routes with a frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute period, or major transit stops that are included in the applicable regional transportation plan. A project shall be considered to be within one-half mile of a major transit stop if all parcels within the project have no more than twenty-five percent of their area farther than one-half mile from the stop or corridor.

I. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public, pursuant to California Public Resources Code Section 21155. (Ord. 665 § 3, 2024)

A. Accessory Dwelling Use. All ADUs and JADUs shall be located on the same lot with an existing or proposed dwelling and considered an accessory residential use to the primary residence. ADUs and JADUs do not count towards the allowable density for the lot upon which it is located.

B. Maximum Number of ADUs and JADUs Per Lot.

C. Floor Area Requirements.

D. Exemptions from Maximum Floor Area Limitations.

E. Basements.

F. Setback Requirements. Except as specified below, all ADUs and JADUs shall comply with the setback requirements of the zone in which a unit is to be located.

G. Entrance Requirements. Any new attached ADU or JADU that is incorporated into a proposed or existing primary residence shall have a separate entrance facing the side or rear yard, where feasible. Any new detached ADU shall have a separate entrance facing towards the interior of the lot.

H. Height.

I. Heritage Tree Ordinance.

J. Privacy, Screening and Landscaping.

K. Lighting Restrictions. Any lighting associated with an ADU or JADU shall be shielded or downlit and shall not shine onto adjoining properties, while meeting the minimum Building Code.

L. Parking Requirements.

M. ADU Rental. An ADU or JADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence. Rentals of any ADU or JADU must be for longer than thirty days.

N. Owner Occupancy. The owner occupancy requirements detailed in this section shall apply to all lawfully permitted ADUs and JADUs within the Town on a single-family lot:

O. Passageways and Internal Connections.

P. Compliance with Applicable Requirements. ADUs and JADUs shall meet all applicable zoning and fire regulations and shall comply with local building codes. Fire sprinklers shall not be required for the ADU if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

Q. Nonconforming Conditions. Nonconforming zoning conditions do not need to be corrected as part of an ADU or JADU approval. An ADU shall be approved regardless of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

R. Impact Fees. No impact fees will be charged on an ADU less than seven hundred fifty square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

S. Utility Connections. A new ADU where there is an existing main residence shall not be required to have separate utility connections. A new ADU combined with a new house shall have separate utility connections. The connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

T. A certificate of occupancy for an accessory dwelling unit will only be issued after a certificate of occupancy is issued for the primary dwelling.

U. In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the California Health and Safety Code for an accessory dwelling unit described in subsection (U)(1) or (2) of this section, the Town of Atherton, 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 California Health and Safety Code Section 17980.12:

A. The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay; or

B. If a permit application for an ADU or JADU is submitted along with a permit application to create a new primary residence, the Town may delay acting on the permit application for the ADU or JADU until the Town acts on the permit application to create the new primary residence. At such time the permit application for such ADU or JADU is considered, it will still be considered ministerially without discretionary review or a public hearing, regardless of its having been submitted along with an application for a new primary residence. (Ord. 665 § 3, 2024)

B. This chapter implements Government Code Sections 65852.21 and 66411.7 (“SB 9”) by establishing the objective criteria applicable to such urban lot splits and development.

C. These regulations are established to provide for the orderly subdivision and development of qualified projects while ensuring that the urban lot splits and developments are consistent with the existing development patterns of the Town and do not create any significant impacts with regards to public infrastructure or public safety.

D. The City Council of the Town of Atherton adopts this chapter to comply with SB 9 under protest, as it is the Council’s position that in enacting these laws, the legislature has improperly usurped local land use authority. (Ord. 650 § 1, 2022)

A. “Accessory dwelling unit” or “ADU” means a building or portion of a building designed for use and occupancy by people living independently of the occupants of the main residence building and containing separate kitchen, bath, sleeping, or living facilities.

B. “Applicant” means the owner of a parcel, or their representative, applying for an urban lot split or the development of an additional single-family dwelling based on the provisions of this chapter.

C. “Dwelling unit” means a primary dwelling unit, ADU, or JADU.

D. “Existing dwelling unit” means a primary dwelling unit or other dwelling unit on a parcel that exists prior to any voluntary demolition or reconstruction or remodel where more than fifty percent of the exterior wall framing has been removed or altered. Any existing dwelling unit where more than fifty percent of the exterior wall framing has been removed is considered a new dwelling for purposes of this chapter.

E. “Junior accessory dwelling unit” or “JADU” means a unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

F. “Lot” means a parcel of land consisting of a single lot of record, used or intended for use under town zoning regulations as one site for a use or group of uses.

G. “Primary dwelling unit” means a single-family residence on the parcel and is the larger of the two if there is an existing accessory dwelling unit on the parcel.

H. “SB 9 dwelling unit” or “SB 9 unit” or “second primary dwelling unit” means a dwelling unit that is developed using the provisions in this chapter and the provisions identified in California Government Code Sections 65852.21 and 66411.7.

I. “Single-family dwelling” means a building designed for use and occupancy by no more than one individual, family, or group of individuals.

J. “Urban Lot Split” means the subdivision of an existing legal parcel zoned for single-family residential use to create no more than two new parcels. (Ord. 650 § 1, 2022)

A. Any parcel that was established through a prior urban lot split pursuant to this chapter.

B. Any parcel that is adjacent to another parcel where either the owner of the parcel proposing to be split or any person acting in concert with that owner has previously split an adjacent parcel using the provisions in this chapter. For the purposes of this chapter, “any person acting in concert” with the owner includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the owner.

C. Any parcel where the urban lot split would result in a parcel that contains more than two existing dwelling units, including primary dwelling units, ADUs, and JADUs.

D. Any parcel located within a historic district or included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a parcel within a site that is designated or listed as a town of Atherton or San Mateo County landmark or historic property or district pursuant to a Town of Atherton or San Mateo County ordinance.

E. Any parcel where the urban lot split would require the demolition or alteration of any of the following types of housing:

F. Any parcel where the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

G. Any parcel located within any of the following: a very high fire severity zone; delineated earthquake fault zone; one-hundred-year flood zone or floodway; designated prime farmland or farmland of statewide importance; hazardous waste site; identified for conservation in an adopted natural community conservation plan; wetlands; habitat for protected species or lands under conservation easement. (Ord. 650 § 1, 2022)

A. An application on the form prescribed by the Town, accompanied by a parcel map.

B. An urban lot split shall create no more than two new parcels of approximately equal area; provided, that one parcel shall not be smaller than forty percent of the lot area of the original parcel proposed to be split. Under no circumstances may any resulting parcel be smaller than one thousand two hundred square feet.

C. Existing parcels shall be split approximately perpendicular to the longest contiguous property line.

D. The front parcel line of any newly created parcel shall be the parcel line that is closest to or parallel to the public road that serves the parcel.

E. The side lot lines of all lots, as far as practicable, shall be at right angles to straight streets on which the lot faces, or radial to curved streets.

F. Flag lots shall have a minimum access width of twenty feet.

G. Separate utility meters shall be provided for each parcel.

H. The urban lot split shall comply with chapter 16.32 relating to Improvements.

I. The urban lot split is subject to all impact or development fees related to the creation of a new parcel.

J. A note on the parcel map and a recorded deed restriction in a form approved by the Town shall be applied to all newly created parcels indicating that the parcel was split using the provision of this chapter and that no further urban lot split of the parcels is permitted.

K. Prior to the recordation of the parcel map, the applicant shall sign and record an affidavit stating that the applicant will reside in one of the proposed or existing primary dwelling units or SB 9 units for three years from the date of the approval of the urban lot split. This requirement shall not apply if the applicant is a community land trust or a qualified nonprofit corporation as provided in Sections 214.15 and 402.1 of the Revenue and Taxation Code. (Ord. 650 § 1, 2022)

A. A maximum of two units shall be permitted per parcel resulting from an urban lot split, including any ADU or JADU. Any ADU or JADU constructed as part of an SB 9 unit application shall be subject to the requirements of this Chapter and shall not receive any incentives set forth in chapter 17.52. If a parcel resulting from an urban lot split contains an existing primary dwelling unit and either an ADU or JADU, no additional units are permitted on that parcel. The following dwelling unit configurations are acceptable on parcels resulting from an urban lot split.

B. The use on any parcel resulting from an urban lot split shall be limited to residential.

C. The following development is permitted on the parcel:

D. Floor area, setbacks and height:

E. One parking space is required for each dwelling unit. The parking space shall be at least ten feet wide by twenty feet deep and shall be contained entirely on the private property. No parking is required when the parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or there is a car share vehicle located within one block of the parcel.

F. If the two SB 9 dwelling units are configured as a duplex on a parcel, a solid one-hour fire wall between the units is required. In addition, a deed restriction in a form approved by the City Attorney shall be recorded stipulating that the duplex shall be maintained as two separate units.

G. If the parcel is fully developed with the number of units permitted under this section, the applicant or property owner shall record a deed restriction in a form approved by the City Attorney stipulating that no further development of the parcel is permitted.

H. Driveway access to all new units shall be compliant with the Fire Department standard details and specifications for driveways and turnarounds.

I. If the proposed dwelling units are developed subsequent to an urban lot split completed pursuant to this Chapter, the owner shall sign and record an affidavit placing a covenant that will run with the parcel to confirm that the owner intends to reside in either the primary dwelling unit or an SB 9 unit on the parcel for three years from the issuance of an SB 9 dwelling unit’s Certificate of Occupancy and closing of all construction permits pertaining to the parcel.

J. No dwelling unit shall be rented for a period of less than thirty-one days and cannot be occupied as a short-term rental unit.

K. An SB 9 dwelling unit may be rented separately from the primary dwelling unit.

L. Development projects pursuant to this section shall be subject to all impact or development fees related to the development of a new dwelling unit. (Ord. 650 § 1, 2022)

A. Applicable Objective Design Criteria. As part of the Planning Department’s ministerial review, staff will review the project for compliance with the following regulations:

B. The following objective design criteria shall apply to properties containing two or more dwelling units:

C. Feasibility. Where an applicant contends the objective subdivision, zoning, and design criteria described in this code render a project including two eight-hundred-square-foot dwelling units infeasible, the applicant shall provide all necessary information requested by the Town (e.g., a topographic survey, etc.) to demonstrate its infeasibility. On review of the complete feasibility study, the Town Planner will determine which Objective Design Standards may be reduced or waived to allow for up to two dwelling units that are no more than eight hundred square feet and evaluate feasible locations for the residential unit(s) to find the location(s) that create the fewest impacts to environmentally sensitive areas. (Ord. 650 § 1, 2022)

A. Ministerial Review and Approval. Urban lot splits and the development of dwelling units sought pursuant to this chapter are reviewed and approved ministerially by the Planning Department, without discretionary review or hearings.

B. Order of Concurrent Approvals. No building permits will be issued for any dwelling units developed under this chapter until a parcel map is recorded.

C. Denials. The Planning Department shall deny an urban lot split where Town staff has made written findings, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2).

D. Appeals. Appeals shall be filed in accordance with chapter 17.06. (Ord. 650 § 1, 2022)

A. All setback distances shall be measured at right angles from the designated property line (e.g., front, interior side, street-side, rear) and the setback line shall be drawn parallel to the designated property line at the required setback distance, except as follows:

2. Where the side lot lines converge to a point with two or three lines, the rear yard setback shall be measured from an imaginary line drawn parallel to the front property line from a distance of ten feet from the point at which the lines converge. See figure 17.54.030-1 (Setback Determination for Converging Side Lot Lines).

B. At the time of building permit application, the applicant’s engineer shall provide certification that the building is being located within the required setback lines.

C. The setback lines shall be staked at the same time as foundation staking so that the field inspector can visually verify that the building is being constructed within the setback lines. (Ord. 582 § 1 (Exh. A), 2009)

A. Roof eaves may encroach into any yard not to exceed a maximum of four feet on the main building and one foot on accessory buildings.

B. Architectural projections for chimneys and fire places on primary buildings may encroach into the interior side and rear yard setbacks a maximum of two feet; provided, that each projection is a maximum of seven feet in length.

C. Additionally, in the R-1B district and in the R-1A district for lots less than ten thousand square feet, one cantilevered bay window on the first floor of the main building may project up to two feet into side or rear setbacks; provided, that the length of the window is no more than seven feet. (Ord. 582 § 1 (Exh. A), 2009)

A. The purpose of this chapter is to ensure the comfort, safety, and general welfare of the town citizens by controlling the number of special events and impacts of such events on the community and by providing a permit process.

B. The intent of this chapter is to protect residents from excessive noise, traffic, and other intrusions upon their privacy.

C. It is also the intent of this chapter to defray the costs of processing applications, responding to calls for service surrounding events, and providing extraordinary services related to the specific event.

D. The city manager or his/her designee shall be responsible for enforcement of this chapter. (Ord. 615 § 1, 2015; Ord. 582 § 1 (Exh. A), 2009)

A. All special events held in the public right-of-way shall obtain a special event permit. Activities include, but are not limited to, processions such as walks, road races, bicycle rides, skate-a-thons, and similar activities.

B. A special event permit is required for any special event held on private property, occurring over the course of two or more consecutive days where members of the public are invited. Activities requiring a permit include, but are not limited to, the following:

C. A special event permit is required for any special event held on private property, or public property that requires the assistance of the town for traffic control, public safety services, extraordinary parking control measures, waiver of any local, state, or federal ordinance, or other mitigation measures arising from the special event.

D. The following provisions shall apply to special events held at private or public schools and events held at country clubs:

E. Open house tours for the purpose of selling property in the regular course of a real estate transaction shall be exempt from the permit requirements of this chapter. (Ord. 615 § 1, 2015; Ord. 582 § 1 (Exh. A), 2009)

A. Completed application (application form supplied by the town) submitted to the town at least sixty days prior to the event.

B. Detailed description of the event.

C. Contact person available prior to and during the event.

D. Application fee (as set by resolution of the city council).

E. The anticipated number of attendees and number of vehicle trips per day.

F. An on- and off-site parking and staging plan including the placement of barricades, etc.

G. A deposit as determined by the town for the direct costs of the funding of any additional security measures not provided by the applicant.

H. A hold harmless agreement, naming the town, its officers, employees, volunteers, and agents, and a certificate of insurance in the amount of two million dollars naming the town as additional insured. The hold harmless agreement and certificate of insurance shall be reviewed and approved by the city attorney. (Ord. 615 § 1, 2015; Ord. 582 § 1 (Exh. A), 2009)

A. The city manager or designee may issue a special event permit when the event meets all of the requirements of this chapter. The city manager or designee may refer items to the city council when, in his or her opinion, the public interest would be better served by public review at a public meeting. The city manager or designee shall issue, deny, or refer a special event permit within thirty days of receipt of a completed application or final review by the city council if applicable. If the event will not be in conformance with this chapter, the application shall be denied.

B. If a special event permit is issued by the city manager or designee, he or she may impose any reasonable conditions to ensure the event will have a minimal impact on the community. Such conditions may include, but are not limited to, any of the following:

A. All special events held on private property shall be limited to no more than two consecutive weeks, including no more than two consecutive weekends. Any event for a longer period of time requires a conditional use permit.

B. All special events shall be publicly noticed at least ten days prior to the issuance of a permit, pursuant to the process outlined in State Planning and Zoning Law Section 65091, with a five-hundred-foot radius notification. However, if the event is not conducted on a single site, or is to be conducted within the public right-of-way, the applicant shall pay for the cost associated with the publication of the notice in a newspaper of general circulation at least ten days prior to issuance of a permit.

C. No more than two special event permits shall be issued in a twelve-month period for special events on any single private residential property.

D. Commercial activity shall be required to remit appropriate license fees or sales taxes. (Ord. 615 § 1, 2015; Ord. 582 § 1 (Exh. A), 2009)

A. The town may grant a density bonus for projects meeting the requirements of California Government Code Section 65915.

B. Any lot created pursuant to the density bonus ordinance provisions shall not be less than eighty percent of the minimum lot size for the district in which they are located and such reduced lot size shall only be applicable where a density bonus has been granted. (Ord. 606 § 1, 2014)

A. The applicant shall submit to the town planner a final application including the following:

B. The town planner shall process the application in conjunction with the related environmental assessment, if any, and the subdivision map application, which shall be processed by the city engineer according to the provisions of Title 16. Both applications shall be scheduled for consideration by the planning commission at the same meeting.

C. The planning commission shall evaluate the application based on the following criteria:

D. The planning commission shall grant the incentives or concessions unless the planning commission makes a written finding pursuant to Section 65915(d)(1).

E. A density bonus housing agreement shall be made a condition of the discretionary permits (e.g., tentative maps, parcel maps, conditional use permits) for all housing developments for which a density bonus and/or additional incentives have been approved. The agreement shall be filed and recorded as a deed restriction on the property. The town shall provide periodic monitoring of compliance with the provisions of the deed restriction. (Ord. 606 § 1, 2014)