There is adopted a zoning or districting plan for the city of Del Rey Oaks, California; the plan is adopted to promote and protect the public health, safety, peace, morals, comfort and general welfare. It consists of the establishment of various districts, including therein all the territory within the boundaries of the city within various of which districts it shall be lawful and within various of which districts it shall be unlawful to erect, construct, alter, or maintain certain trades or occupations or to make certain uses of land.

(Prior code § 11-201)

The several districts into which the city is divided are designated as follows: Single-family residential districts, hereinafter referred to as "R-1" districts; multiple family residential districts, hereinafter referred to as "R-2" districts; garden type apartment districts, hereinafter referred to as "D" districts; general commercial districts, hereinafter referred to as "C" districts. The use herein of any letter designation of a district without an accompanying numeral designation shall include all districts of the class indicated by the letter designation.

(Prior code § 11-202.1)

The districts indicated in Section 17.04.020 are established and the designation, locations and boundaries thereof are set forth and indicated in Section 17.04.040 which consists of a districting or zoning map. Said map and all notations, references, data and other information shown thereon are made a part of this chapter.

(Prior code § 11-202.2)

If uncertainty should exist as to the boundary of any district, the following rules shall apply:

A.

Where such boundary is indicated as approximately following a street or alley line, such street or alley line shall be deemed to be such boundary.

B.

Where such boundary is indicated as approximately follow-a lot line, such lot line shall be deemed to be such boundary.

C.

In unsubdivided property and where a district boundary divides property, the location of any such boundary, unless the same is indicated by dimensions shown on the aforesaid map, shall be determined by the use of the scale appearing on the map.

(Prior code § 11-202.3)

Except as hereinafter otherwise provided:

A.

No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be used, or be designed to be used for any purpose in any manner, nor shall any yard or other open space surrounding any building be encroached upon or reduced except as permitted by and in conformity to the regulations specified for the district in which such building or yard or other open space is located.

B.

No building shall be erected, reconstructed, or structurally altered to exceed the height limit designed for the district in which such building is located.

C.

No yard or open space provided about any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building or any other lot.

(Prior code § 11-202.4)

A. Zoning permits shall be required for all buildings and structures erected, constructed, altered, repaired or moved within or into any district established by this title.

B.

Each permit shall be issued by the city building inspector or any employee of the city designated by the city council. Application for such permit shall be on a form prescribed by the planning commission and shall include a plat showing all essential data necessary to check compliance with this title. A copy of such application and plat shall be kept in the office of the building inspector or other designated official.

(Prior code §§ 11-210.1, 11-210.2)

Use permits, revocable, conditional or valid for a term period, may be issued for any of the following:

A.

Any of the uses or purposes for which said permits are required or permitted by the provisions of this title;

B.

Public utility or public service uses or public buildings in any district when found to be necessary for the public health, safety, convenience or welfare;

C.

Removal of minerals and natural materials, including building and construction materials, in any district;

D.

To classify as a conforming use any institutional use existing in any district at the time of the establishment of such district.

(Prior code § 11-212.1)

The fee for application for such use permits shall be as established by resolution of the city council, and such use permits shall be issued under the same procedure as that specified in Chapter 17.44 for the granting of variances, except that:

A.

No public hearing need be held thereon, provided that the planning commission may hold such hearings thereon as it may deem necessary;

B.

The findings of the planning commission, except as otherwise provided in this section, need include only that the establishment, maintenance and/or conducting of the use for which the use permit is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, convenience, or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to property or improvements in the neighborhood.

(Prior code § 11-212.2)

All other provisions of Chapter 17.44, including the designation by the planning commission of any conditions upon which the permit may be issued and guarantees that such conditions will be complied with, shall apply to the granting of a use permit.

(Prior code § 11-212.3)

Where one or more of the conditions of the granting of a use permit have not been, or are not being, complied with, or when a use permit was granted on the basis of false material information, written or oral, given wilfully or negligently by the applicant, the planning commission may revoke or modify such use permit following a hearing thereon. Notice of such hearing shall be given in writing to the permittee at least ten days prior to the hearing. Notice of such hearing shall also be given as described in Section 17.44.020. Following the hearing, the planning commission may revoke or modify the use permit. An appeal may be taken from such revocation or modification in the same manner as described in Section 17.44.050.

(Prior code § 11-212.4)

All use permits issued by the planning commission shall be valid until the date of expiration stated on the permit, or if no date of expiration is stated, or unless otherwise specified by the planning commission, all such permits shall expire one year from the date of granting the permit unless construction on, or use of, the subject property pursuant to the permit has started within this period.

(Prior code § 11-212.5)

A. This title may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare requires such amendment by the following procedure of this section. Said amendment may be initiated by:

1.

The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the planning commission and shall be accompanied by a fee of $25.00 no part of which shall be returnable to the petitioner; or by

2.

Resolution of intention of the city council; or by

3.

Resolution of intention of the planning commission.

B.

The planning commission, not later than at its next succeeding meeting following the filing of such verified petition or following the adopting of such resolution of intention, shall set the times and places for such public hearings thereon as may be required by law, and shall give such notice of such hearings as may be required by law. Such notice shall include notice of the proposed amendment. In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify property from any district to any other district, the planning commission shall give additional notice of the time and place of such hearings and of the purpose thereof by:

1.

Posting public notice thereof not less than ten days prior to the date of the first of such hearings along each and every street upon which the property proposed to be reclassified abuts. Each such notice shall consist of the words, "Notice of Proposed Zoning Change," in letters not less than one inch in height, and in addition thereto a statement in small letters setting forth a general description of the property involved in the proposed change of district, the time and place at which the public hearings on the proposed change will be held and any other information which the planning commission may deem to be necessary.

C.

Any failure to post public notice as aforesaid shall not invalidate any proceedings for amendment of this zoning title.

D.

Following the hearings, the planning commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall file with the city council an attested copy of such report within 90 days after the notice of the first of said hearings; provided, that such time limit may be extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the planning commission so to report within 90 days without the agreement, shall be deemed to be approval of the proposed amendment by the planning commission.

E.

Upon receipt of such report from the planning commission, or upon the expiration of such 90 days, the city council shall set the matter for public hearing after notice thereof and of the proposed amendment, given as provided by law. After the conclusion of the hearing, the city council may adopt the amendment or any part thereof set forth in the petition in such form as the council may deem to be advisable.

F.

The decision of the city council shall be rendered within 60 days after the receipt of a report and recommendations from the planning commission or after the expiration of such 90 days, as aforesaid.

(Prior code §§ 11-213—11-213.5)

A. All departments, officials and public employees of the city vested with the duty of authority to issue permits or licenses shall conform to the provisions of this title and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this title; and any such permit or license issued in conflict with provisions of this title shall be null and void. It shall be the duty of the building inspector or any employee of the city designated by the city council of the city to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure.

B.

Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the county jail of the County of Monterey for a term not exceeding 180 days, or by both fine and imprisonment. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this title is committed or continued by such person, firm or corporation, and shall be punishable as herein provided.

C.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title shall be and the same is declared to unlawful and a public nuisance; and the city attorney of the city shall, upon order of the city council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining, or using any such building or structure or using any property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and not exclusive.

(Prior code §§ 11-214—11-214.3)

This title shall be known and cited as the "Zoning Ordinance of the City of Del Rey Oaks." Reference to section numbers herein are to the sections of the ordinance codified in this title.

(Prior code § 11-216)

For the purpose of this title certain terms used herein are defined as follows:

The word "lot" includes the word "plot."

The word "building" includes the word "structure."

The word "shall" is mandatory and not directory.

The words "city council" as used herein, mean the city council of the city.

Alley means any public thoroughfare which affords only a secondary access to abutting property.

Apartment house. See "Dwelling, multiple."

Automobile camp means land or premises which is used or intended to be used, let or rented for occupancy by campers traveling by automobile or otherwise or for occupancy by or for trailers or movable dwellings, rooms or sleeping quarters of any kind.

Automobile court means a group of two or more detached or semi-detached buildings containing guest rooms or apartments provided in connection therewith; which group is designated and used primarily for the accommodation of automobile travelers.

Automobile wrecking. See "Junk yard."

Auxiliary housing unit means a studio or one-bedroom residential dwelling unit, having independent living facilities including kitchen and bathroom, not exceeding 450 square feet in size, which is within, attached to, or detached from an existing single-family dwelling within the R-1 district.

Block means that property so designated on an official map of the city or part of the city, or bounded by streets or by a street or streets and railroad right-of-way, canal right-of-way or unsubdivided acreage.

Building, accessory means a subordinate building the use of which is incidental to that of the main building on the same lot.

Building, main means a building in which is conducted the principal use of the lot on which it is situated.

Bungalow court. See "House court"; also "Dwelling group."

Business or commerce means the purchase sale or handling (other than manufacture, reduction, or destruction) of any article or commodity for profit, but not including junk yards, as the rendering of any service for compensation including, in addition, offices and office buildings, amusement enterprises and outdoor advertising signs and structure.

Court means an open unoccupied space, other than a yard, on the same lot with a building or buildings and which is bounded on two or more sides by such building or buildings, including the open space in a house court apartment providing access to the units thereof.

District means a portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this title.

Dwelling, multiple means a building or portion thereof used and designated as a residence for three or more families living independently of each other, and doing their own cooking in said building, including apartment houses, apartment hotels and flats, but not including automobile camps.

Dwelling, two-family (i.e., a "duplex") means a detached building, designated for an occupied exclusively by two families living independently of each other.

Dwelling groups means a group of two or more detached or semi-detached one-family, two-family or multiple dwellings, occupying a parcel of land in one ownership and having any yard or court in a common, including house courts and apartment courts, but not including automobile courts.

Family means one or more persons living together in a dwelling unit as a single housekeeping unit.

Front wall means the wall of a building nearest the street upon which the building faces, but excluding certain architectural features as specified in Chapter 17.36.

Garage, private means an accessory building for the storage of self-propelled private passenger vehicles.

Garage, public means any premises, except those herein defined as a private or storage garage, used for the storage or care of self-propelled vehicles, or where any such vehicles are equipped for operation or repair, or kept for remuneration, hire, or sale.

Garage, storage means any premises, except those herein defined as a private or storage garage, used exclusively for the storage of self-propelled vehicles.

Guest room means a room which is intended, arranged, or designed to be occupied or which is occupied by guests, but in which no provision is made for cooking and not including dormitories for sleeping purposes.

Height of building means the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof.

Home occupation means any business or use customarily conducted within a dwelling and carried on by the occupant thereof, which use is clearly incidental and secondary to the use of the premises for dwelling purposes and which does not change the residential character thereof.

Hotel means any building or portion thereof containing six or more guest rooms used, designed, or intended to be used, let or hired out to be occupied, or which are occupied, by six or more individuals for compensation, whether the compensation for hire be paid directly or indirectly.

House, rooming or boarding house means a dwelling other than a hotel where lodging and/or meals for three or more persons are provided for compensation.

Junk yard means the use of more than 200 square feet of the area of any lot or the use of any portion of that half of any lot, but not exceeding a depth or width, as the case may be, of 100 feet, which half adjoins any street for the storage of junk, including scrap metals or other scrap materials, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery.

Lot means land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this title and having its principal frontage on a street.

Lot, area means the total horizontal area included within lot lines.

Lot, corner means a lot bounded on two or more adjacent sides by street lines, provided that the angle of intersection does not exceed 135 degrees, and having a width of not greater than 75 feet.

Lot, depth means the average distance from the street line of the lot to its rear line measured in the general direction of the side lines.

Lot, frontage means that dimension of a lot or portion of a lot abutting on a street, except the side of a corner lot.

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

Lot, key means the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot and fronting on the street which intersects the street upon which the corner lot fronts.

Lot, lines means lines bounding a lot as defined herein.

Manufacture means the preparation, making, treatment or pressing of articles as merchandise.

Nonconforming use means a use that does not conform to the regulations for the district in which it is situated.

One ownership means ownership of property (or possession thereof under a contract to purchase or under a lease the term of which is not less than ten years) by a person or persons, firm, corporation or partnership, individually, jointly, in common, or in any other manner whereby such property is under single or unified control. The term "owner" shall be deemed to mean the person, firm, corporation, or partnership exercising one ownership as herein defined.

Outdoor advertising sign means any sign of any kind or character whatsoever placed for outdoor advertising purposes.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, half means a story with at least two opposite exterior sides meeting a sloping roof not more than five feet above the floor of such story.

Street means a public or private thoroughfare which affords principal means of access onto abutting property including avenue, place, way, drive, land, boulevard, highway, road, and any other thoroughfare except an alley as defined herein.

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

Structure means anything constructed or erected, the use of which required location on the ground or attachment to something having location on the ground.

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

Use, accessory means a use incidental and accessory to a principal use of a lot or building located on the same lot.

Yard means an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in Chapter 17.36. In measuring a yard, as hereinafter provided the line of a building shall be deemed to mean a line parallel to the nearest lot line drawn through the point of a building exclusive of the respective architectural features enumerated in Chapter 17.36 as not to be considered in measuring yard dimensions or as being permitted to extend into any front or rear yard.

Yard, front means a yard extending across the front of the lot between the inner side yard lines and measured from the front line of the lot to the nearest line of the building; provided, that if any official plan line has been established from the street upon which the lot faces, then such measurement shall be taken from such official plan line to the nearest line of the building.

Yard, rear means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building.

Yard, side means a yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.

(Prior code § 11-217; Ord. No. 265, § 1 (Exh. A), 5-26-2009; Ord. No. 312, § 2, 3-28-2023)

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Except as specifically herein provided, it is not intended by this title to impair or interfere with any permits previously adopted or issued relating to the erection, construction, establishment, moving, alteration, or enlargement of buildings or improvements; nor is it intended by this title to interfere with, abrogate or annul any easement, covenant, or other agreement between parties; provided, that in cases in which this title imposes a greater restriction, or enlargement of buildings or the use of any such building or premises in said several districts or any of them, than is imposed or required by existing provision of law or ordinance or by such rules, regulations or permits, or by such easements, covenants, or agreements, then in such case the provisions of this title shall control. In case the provisions of this title conflict with any provisions of the Uniform Building Code the most restrictive of such provisions shall apply.

(Prior code § 11-218)

The city may prezone unincorporated territory adjoining the city for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city. The method of accomplishing such prezoning shall be as provided by Section 17.04.120 of this Municipal Code, and by the State Planning and Zoning Law (see Government Code Sections 65853 et seq.). Such zoning shall become effective at the same time that the annexation becomes effective. If the city has not prezoned territory which is annexed, the city council may adopt an urgency measure interim ordinance relating to the zoning of such territory, pursuant to the provisions of Government Code Section 65858.

(Prior code § 11-221)