This chapter establishes the city's residential zones, including permitted uses and physical development standards.

(Ord. 2982, 2001).

   The following residential zones are established:

   A.   R-1 (single-family residential) is designed for neighborhoods of single-family type residences on individual lots. Minimum lot sizes within the R-1 zone are further described in § 15.08.050 and as they appear on the Zoning Map.

   B.   R-1P (single-family residential preservation) is designed for mature single-family neighborhoods where the existing housing and environment is a valuable asset to the city and should be preserved.

   C.   R-2 (two-family residential) is designed for neighborhoods where a limited increase in population density is acceptable by permitting two dwelling units on a single lot. This zoning is applicable primarily to older neighborhoods with deep lots.

   D.   R-2P (two-family residential preservation) is designed for mature neighborhoods where the existing housing and environment is a valuable asset to the city and should be preserved, and where a limited increase in population density is acceptable by permitting two dwelling units on a single lot. Opportunities for additional and replacement housing are also provided where appropriate.

   E.   R-G (garden-type multiple-family residential) is designed for neighborhoods where limited-density apartment and condominium development must fit compatibly within an area of single-family type residences.

   F.   R-3R (restricted multiple-family residential) is designed for use where limited density apartment and condominium development must fit compatibly in close proximity to an area of single-family type residences.

   G.   R-3P (multiple-family residential preservation) is designed for mature neighborhoods where the existing housing and environment is a valuable asset to the city and should be preserved, while opportunities for additional and replacement housing are also provided where appropriate.

   H.   R-3 (limited-density multiple-family residential) is designed for use where apartment and condominium development can be physically separated from single-family type residences by a street or terrain feature.

   I.   R-4 (medium-density multiple-family residential) is designed for use where physical separation from single-family residential areas is possible, where proximity to shopping and service centers is available, and where frontage exists on major, primary, or secondary collector streets for facilitating the flow of heavier residential traffic.

   J.   R-5 (maximum-density multiple-family) is designed for high-rise apartments and condominiums to meet the specialized needs for high-density housing. Locations that would be close to the colleges or to central business districts and isolated where possible from single-family residential areas are considered most appropriate for such high-density zoning.

   K.   R-MH (Mobile Home Park) is designed for mobile home neighborhoods and compatible activities associated therewith.

(Ord. 3232 (part), 2016; Ord. 2982, 2001).

   A.   Land uses in residential zones shall be in accordance with Table 15.17.020.A and Section 15.17.030 of this chapter.

   B.   The more restrictive of any additional qualifications, limitations, or conditions set forth in the use definitions of Chapter 15.04 of this title shall apply.

   C.   Any activity or use not specifically listed in Table 15.17.020.A shall be considered an unpermitted use unless determined by the Community Development Director to be similar to a listed permitted use in the zone and consistent with the zone's purpose.

 

(Ord. 3326 § 3 (part), 2023: Ord. 3290 § 1 (part), 2020; Ord. 3255 § 4, 2018; Ord. 3252 § 2, 2017; Ord. 3247 (part), 2017; Ord. 3232 (part), 2016; Ord. 3227 § 2, 2016; Ord. 3222 § 4, 2015; Ord. 3197 § 4, 2013; Ord. 3190 § 2, 2013; Ord. 3026, 2003; Ord. 2982, 2001).

   The following qualifications, limitations, and conditions apply to the uses described in Table 15.17.020.A. The more restrictive of any additional qualifications, limitations, or conditions set forth in the use definitions of Chapter 15.04 of this title shall apply.

   A.   Occupancy restrictions.

      1.   No use of a residential unit may exceed the occupancy load set out in Section 503.2 of the Uniform Housing Code, i.e., at least one room with 120 square feet of floor area, and at least 70 square feet in each additional sleeping room, plus an additional 50 square feet for each extra person beyond two people in any such room.

      2.   No use of a residential unit may exceed an occupancy load that would result in fewer than 100 square feet of usable open space, as defined in Subsection 15.17.040.E of this chapter, on the premises per occupant.

   B.   Multiple-family dwellings shall include cooperatively owned apartments and condominiums.

   C.   Manufactured housing.

      1.   Manufactured housing meeting the requirements of Section 65852.3 of the California Government Code may be placed only on a permanent foundation on an otherwise vacant lot with a zone of R-1-6,000 or R-1-7,200, provided all require-ments of this chapter and title are met.

      2.   The following additional requirements shall apply:

         a.   Manufactured homes shall have exterior siding extending to the ground or to the top of a solid foundation and consisting of materials found by the Director of Development Services to be those customarily utilized in conventionally built single-family dwelling.

         b.   Manufactured homes shall have a shingled, pitched roof (at least 2 to 12), with at least 12-inch eave overhangs.

         c.   Manufactured homes shall have any accessory buildings designed with the same exterior materials and roof designs as the main structure.

   D.   Mobile homes and house trailers:

      1.   A mobile home or house trailer, as defined in Section 15.04, may only be used for living or sleeping accommodations when located in a mobile home park or on a permanent foundation in specific R-1 zones, subject to the provisions set forth in Subsection 15.17.030.C of this chapter.

       2.   The storage of a mobile home or house trailer is regulated by Subsection 15.17.030.Q of this chapter.

   E.   Transitional and Supportive housing:

      1.   Transitional and Supportive housing shall be considered a residential use of property, permitted in dwellings designed for non-transient occupancy, and shall be subject to the development standards of the zoning district in which they are located.

      2.   Transitional or supportive housing which cannot be made to comply with the underlying zoning standards may be permitted by Conditional Use Permit. In such case, the Conditional Use Permit will be evaluated based on the factors listed in Subsection 15.70.040.C of this Title and the following:

         a.   Compatibility between proposed project and existing/surrounding development.

         b.   Potential impacts on surrounding uses involving noise, parking, traffic, activity and security.

         c.   Provision of a full-time on-site manager.

         d.   Proximity of property to transit and social service agencies.

         e.   Impacts on accredited K- 12 schools within one quarter mile (1,320 feet) of the project site.

   F.   Group home or 24-hour care facility; small residential care facility for the elderly:

   A group home or a 24-hour care facility means a dwelling licensed by the state of California to accept and care for six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children. A small residential care facility for the elderly means a dwelling licensed by the state of California to accept six or fewer residents who are over 60 years of age, which provide varying levels and intensities of care and supervision or personal care.

      1.   These types of facilities are permitted in all residential zones provided the number of persons cared for at any one time does not exceed six.

      2.   When an outdoor recreational area is provided for the use of the occupants, it must be fenced and maintained in such a manner as not to constitute a nuisance to surrounding or adjoining residential properties.

   G.   Small family child-care home:

   Small family child-care home means a detached single-family dwelling, comprising the only dwelling on a residentially zoned lot, which provides licensed family child-care to eight or fewer children, including children who reside at the home. A small family child-care home is governed by the California Health and Safety Code, which effectively prohibits any local regulations of these facilities.

   H.   Large family child-care home:

   A large family child-care home (caring for between nine and 14 children, inclusive) may exist in detached single-family dwellings, comprising the only dwelling on a residentially zoned lot, and shall be subject to the following conditions:

      1.   No large family child-care home shall locate closer than three hundred linear feet to any other child-care home or child-care center regardless of size. A large family child-care home that is operated on property of a religious institution or a college is exempt from this provision. A large family child-care home located within 300 feet of another child-care facility (i.e., a small or large child-care home or a child-care center) may be approved through a Conditional Use Permit when findings of insignificant impact can be made.

      2.   A large family child-care home shall provide off-street vehicular loading areas with on-site circulation such that children may be safely loaded and unloaded from vehicles off the street, and pedestrian/vehicle conflicts are minimized. Under no circumstances shall children be required to cross a street to access the facility.

      3.   One off-street parking space shall be provided for each day care worker on duty, in addition to the parking originally required for the dwelling. One guest space shall also be provided for each six children, or portion thereof, cared for by the facility. The spaces shall not be located in a required street setback area, but may be located in tandem when site conditions make it infeasible to provide the required parking otherwise.

      4.   A large family child-care home shall maintain an outdoor play area that adjoins any residentially zoned property in such a manner so as not to constitute a nuisance to the residential use. A solid six-foot high masonry wall shall be constructed along the perimeter of the facility adjacent to all such outdoor play areas in the side and rear yards to mitigate noise.

      5.   A large family child-care home shall comply with noise and maintenance regulations of the zone andwill be subject to applicable abatement/ nuisance procedures if necessary to mitigate incompatibility with the surrounding neighbor-hood and the intent of these regulations.

   I.   Accessory buildings and structures

The requirements for a one-story accessory building or structure are indicated below:

      1.   A habitable accessory building is subject to the following requirements:

         a.   It shall comply with the front yard setback and height requirements for the main building on the property.

         b.   When physically attached to the main building, it shall also comply with the side and rear setback requirements for the main building on the property.

         c.   When detached from the main building:

            (i.)   If less than 600 square feet in area and not more than ten feet in height at the property line, it shall be exempt from side and rear yard setback requirements for the main building on the property, provided all drainage is directed to the property on which the building is located and the building meets applicable fire separation requirements per the Fullerton Building Code. Within a required side or rear yard, height of the building may increase one foot for each foot of setback from the property line, with maximum height not to exceed the requirements of the zone in which it is located.

            (ii.)   If 600 or more square feet in area or more than ten feet in wall height, it shall be located in accordance with setback requirements for the main building on the property. A minor reduction in side or rear-yard setback may be granted subject to approval of a Minor Exception pursuant to Chapter 15.66 of this title.

         d.   The architectural design shall be visually compatible with the main dwelling unit on the property and with the neighborhood character, as determined by the Community Development Director or his or her designee. The determination may be appealed to the Planning Commission.

         e.   Applicant shall prepare a Land Use Agreement for the property, subject to review and approval by the Community Development Director, that prohibits the conversion of any or all of the accessory building to a separate dwelling unit. Once approved, the applicant shall provide an executed and notarized Agreement to the City to be recorded with the Orange County Recorder, and future sale of the property shall be subject to the Agreement.

      2.   A non-habitable accessory building is subject to the following requirements:

         a.   It shall comply with the front yard setback and height requirements for the main building on the property.

         b.   When physically attached to the main building, it shall also comply with the side and rear setbacks as specified for the main building on the property.

         c.   When detached from the main building:

            (i.)   If less than 600 square feet in area and not more than ten feet in height at the property line, it shall be exempt from side and rear yard setback requirements for the main building on the property, provided all drainage is directed to the property on which the building is located and the building meets applicable fire separation requirements per the Fullerton Building Code. Within a required side or rear yard, height of the building may increase one foot for each foot of setback from the property line, with maximum height not to exceed the requirements for the main building on the property.

            (ii.)   If 600 or more square feet in area or more than ten feet in wall height, it shall be located to meet setback requirements for the main unit on the property. A minor reduction in side or rear yard setback may be granted subject to approval of a Minor Exception pursuant to Chapter 15.66 of this title. Rear yard setbacks do not apply where a rear property line does not abut a property with a residential zone classification.

         d.   The architectural design shall be visually compatible with the main dwelling unit on the property and with the neighborhood character, as determined by the Community Development Director or his or her designee. The determination may be appealed to the Planning Commission.

      4.   A detached two-story habitable or non-habitable accessory building may be allowed in the R-1 and R-1P zones provided that it complies with the development standards for the main building on the property and its architectural design is visually compatible with the main dwelling unit on the property and with the neighborhood character, as determined by the Community Development Director or his/her designee. The Director’s determination regarding architectural compatibility may be appealed to the Planning Commission. Applicant shall prepare a Land Use Agreement for the property, subject to review and approval by the Community Development Director, that prohibits the conversion of any or all of the accessory building to a separate dwelling unit. Once approved, the applicant shall provide an executed and notarized Agreement to the City to be recorded with the Orange County Recorder and future sale of the property shall be subject to the Agreement.

      5.   The area of all accessory buildings shall be included in calculations for lot coverage, floor/area ratio requirements and usable open space requirements for the zone in which it is located. The area of all accessory structures shall not be included in calculations for lot coverage requirements of Section 15.17.050.C and may be included in calculations for usable open space requirements of Section 15.17.050.E when designed for outdoor living or recreation.

   J.   Traditional domestic animals:

      1.   For the purposes of this section, traditional domestic animals shall include those animals that have been traditionally regarded as domesticated or tame house pets and shall be limited to the following:

      a.   Dogs and cats:

         I.   Lots of 20,000 square feet or less (excluding duplexes, apartments, condominiums or mobile homes): Any combination of dogs and cats totaling four animals, plus their offspring less than four months old, per lot of 20,000 square feet or less. The keeping of four dogs requires a property having an R-1 or R-1P zone and a noncommercial kennel license obtained from Orange County Animal Control.

         II.   Lots over 20,000 square feet (excluding duplexes, apartments, condominiums or mobile homes): Any combination of dogs and cats totaling five animals, plus their offspring less than four months old, per lot over 20,000 square feet. The keeping of four or more dogs requires a property having an R-1 or R-1P zone and a noncommercial kennel license obtained from the Orange County Animal Control. Permission to keep additional dogs and cats in excess of the limitations in this provision will require the approval of a Conditional Use Permit.

         III.   Duplexes, apartments, condominiums or mobile homes: Two adult dogs or cats, or one of each, plus their offspring less than four months per each duplex unit, apartment unit, condominium or mobile home.

      b.   Small household pets:

         I.   Small household pets means hamsters, guinea pigs, white rats and/or mice, nonpoisonous snakes not exceeding six feet in length, turtles, nonpoisonous toads, lizards, salamanders, newts, chameleons, kangaroo rats, rabbits, fish and birds, except as otherwise provided by law.

         II.   Number. Up to four small household pets, not including fish, may be kept in one dwelling unit in any combination. Additional small household pets may be obtained at the discretion of the planning department with a conditional use permit.

      2.   This section shall not take precedence over more restrictive regulations regarding the keeping of animals imposed by any property owner, property manager or homeowners association.

   K.   Non-traditional domestic animals.

      1.   Poultry.

      a.   Roosters and peacocks shall not be permitted in any residential zone.

      b.   Lots of less than 7,000 square feet: Poultry is not permitted.

      c.   Lots of 7,000 square feet or more (excluding duplexes, apartments, condominiums or mobile homes): Four animals may be kept on a lot containing not less than eighty square feet of fenced outdoor exercise space to be used by the animal on the property. One additional animal may be kept for each additional one hundred square feet of space; however, no more than four animals may be allowed without approval of a Conditional Use Permit.

      d.   Duplexes, apartments, condominiums or mobile homes: Poultry is not permitted.

      e.   Distance. Between 10:00 pm and 7:00 am, poultry must be kept or caged more than 30 feet from all habitable dwellings, except the one occupied by the animal's keeper.

      2.   Miniature pigs, pygmy goats and miniature horses.

      a.   Lots of 20,000 square feet or less: Miniature pigs, pygmy goats and miniature horses are not permitted.

      b.   Lots of 20,000 square feet or more (excluding duplexes, apartments, condominiums or mobile homes):

         i.   Pygmy goats and miniature horses: Two animals may be kept on a lot containing not less than 20,000 square feet of fenced outdoor exercise space to be used by the animal on the property. One additional animal may be kept for each additional 15,000 square feet of space; however, no more than three animals may be allowed without an approval of a Conditional Use Permit.

         ii.   Miniature pigs: One animal may be kept on a property containing not less than 300 square feet of fenced outdoor exercise space to be used by the animal on the property. One additional animal may be kept for each additional 300 square feet of outdoor exercise space; however, no more than three animals may be allowed without an approval of a Conditional Use Permit.

      c.   Duplexes, apartments, condominiums or mobile homes: Poultry is not permitted.

      d.   Distance. Between 10:00 pm and 7:00 am, miniature pigs, pygmy goats, and miniature horses shall be penned or stabled at least 30 feet from all habitable dwellings, except the one occupied by the animal's keeper.

      e.   Medical care. Miniature pigs, pygmy goats and miniature horses shall receive a yearly inspection by a certified veterinarian with experience treating animals of the same breed. Keepers of miniature pigs, pygmy goats and miniature horses shall maintain a yearly certificate from a certified veterinarian certifying that all animals are up to date on their recommended deworming schedule and vaccinations. This yearly certificate shall also document the animal's weight and height at the time of inspection.

      f.   Size. Each miniature pig shall weigh no more than two hundred fifty pounds. Each miniature horse shall weigh no more than two hundred fifty pounds. Each pygmy goat shall weigh no more than one hundred pounds.

      g.   Compliance with other codes. Miniature pigs, pygmy goats and miniature horses shall be kept in compliance with all requirements of Animal Care Services of the Orange County Health Care Agency.

      h.   Additional requirements for miniature pigs.

      i.   Any person owning or having custody of a miniature pig shall maintain a certificate of sterilization signed by a licensed veterinarian.

      3.   This section shall not take precedence over more restrictive regulations regarding the keeping of animals imposed by any property owner, property manager or homeowners association.

   L.   Livestock and other animals:

      1.   Livestock means bovine, swine (except miniature pigs), equine (except miniature horses) animals and goats (except pygmy goats), sheep and llamas.

      2.   Livestock fences. Every owner, keeper, custodian or harborer of livestock shall erect and/or maintain a fence as herein described to contain and confine all livestock kept or maintained on his premises.

      a.   Such fence shall be sufficiently good, strong and substantial as to prevent the ingress and egress of livestock. No wire fence is a good and substantial fence within the meaning of this section unless it has three tightly stretched barbed wires securely fastened to posts of reasonable strengths, firmly set into the ground no more than one rod apart, one of which wires should be at least four feet above the surface of the ground. Any kind of wire or other fence of height, strength and capacity equal to or greater than the wire fence herein described is a good and substantial fence within the meaning of this section. Cattle guards of such width, depth, rail spacing and construction as will effectively turn livestock are also a good and substantial fence.

      3.   Livestock may be kept under the following conditions:

      i.   Two adult animals may be kept on property with an R-1 zone containing not less than three-fourths of an acre of net land area within the boundaries of the property. Net land area is defined as the gross land area minus any dedications. One additional animal may be kept for each additional 15,000 square feet of land; however, no more than five adult animals may be allowed without an approval of a Conditional Use Permit. The offspring of bovine animals shall be counted as adults when they are six months old and of equine animals when they are one year old.

      ii.   No animal as described in subsection (b) shall be permitted to approach closer than 50 feet to a habitable dwelling on adjacent property and 30 feet to a patio, swimming pool or similar facility on adjacent property.

      iii.   Additional equine animals in excess of the limitations in this provision, including a commercial stable, may be kept on vacant property with an R-1 zone having no less than three-fourths of an acre, subject to the approval of a Conditional Use Permit.

   M.   Wild, Exotic, Dangerous and Non-domestic Animals. Fullerton has adopted Orange County's code on wild, exotic, dangerous and non-domestic animals. See Orange County Code Title 4, Section 4-1-94: Wild, Exotic, Dangerous and Nondomestic animals and Section 4-1-95: Declaration and possession of vicious or potentially dangerous dog. All animals prohibited by the State of California are prohibited in Fullerton.

   N.   Animal fostering and temporary keeping of animals. Short-term animal fostering is permitted subject to the following rules:

      1.   Any person fostering or temporarily keeping an animal must be able to present a valid foster agreement with an accredited local shelter or sanctuary.

      2.   Number of animals.

      a.   Dogs and cats. Any property where more than the permitted number dogs and cats are kept, for any length of time, must obtain an animal permit from Orange County Animal Control.

      b.   All other animals. The number limits specified above, for all animals other than dogs and cats, also apply to fostered and temporarily kept animals. These number limits may only be exceeded with a conditional use permit from the Fullerton Planning Department.

      3.   Setbacks, noise limits, zoning districts and maintenance standards. Except for number limits on dogs and cats, all rules related to animal keeping, including setbacks, noise limits, sanitation and maintenance requirements and animal size limits also apply to animal fostering. For example, a property not permitted to keep pygmy goats permanently is also not permitted to foster pygmy goats.

   O.   Garage sales:

   Garage sales shall be a temporary permitted use under the following conditions:

      1.   Goods and equipment displayed and sold shall be only those owned by and part of the normal household effects of the occupant(s) of the premises on which the sale is held.

      2.   The goods shall not be displayed or sold in the public right-of-way, nor after sundown.

      3.   No such sale shall last more than three consecutive days, nor be repeated on the same premises more frequently than once each six months.

      4.   A maximum of three garage sale signs shall be permitted; each may be no more than two square feet in area. The signs may be posted on premises other than those of the sale only with the written permission of the owner of those premises; they may not be posted in a public right-of-way; they shall be displayed during daylight hours only and shall be removed at the termination of the sale.

   P.   Home based businesses:

   Home businesses are permitted in any residential zone classification with the following restrictions:

      1.   No employees other than persons who permanently reside on the premises shall be permitted.

      2.   There shall not be more than one room in the dwelling used for the home occupation.

      3.   There shall be no outside storage of material or stock in trade. Storage of necessary supplies may be permitted in the garage provided said storage does not diminish the required parking spaces in the garage.

      4.   No use of materials or equipment other than those normally associated with a normal household use or hobby shall be permitted on site.

      5.   The nonresidential use shall not be evident from outside the residence due to sounds, odors, vibrations, etc.

      6.   There shall be no signs related to the business maintained anywhere on the site.

      7.   No new structures shall be constructed for the purpose of conducting the home business.

      8.   No vehicles associated with the home business shall be kept on the premises except as otherwise permitted in a residential zone.

      9.   The use shall not generate pedestrian or vehicular traffic beyond that normally associated with a residential zone. There shall be no clients or customers on the premises at any time.

      10.   There shall be no use of commercial vehicles for the delivery of materials to or from the premises, except those vehicles normally making residential deliveries, i.e., UPS, Federal Express, etc.

   Q.   Private parking areas:

   Private parking areas shall conform to the following conditions:

      1.   Such areas shall be improved and maintained in accordance with the provisions of Section 15.56.130 of this title, except that the required 15-foot setback from any street shall be landscaped in its entirety and not less than five percent of the remainder of the parking area shall also be landscaped.

      2.   Along any common boundary with property having a residential zone classification of R-1 or R-1P, a six-foot high ornamental masonry wall or wooden fence shall be provided and maintained. Where a differential in grade exists between the two properties, the height of the wall may be reduced one foot for each two feet of grade differential, provided that in no case, except within 15 feet of the street line, shall such wall be less than six feet in height as measured from the commercial side and 42 inches in height as measured from the residential side. Grade differential shall be determined from the building pad elevation, if known, and if not known, from an estimated normal building pad elevation.

      3.   Along any common boundary with property with a residential zone classification not otherwise protected by a masonry wall located on the parking lot side, there shall be installed and maintained a concrete curb or timber barrier not less than six inches in height and located not less than two feet from said boundary.

      4.   No such area shall be used for the commercial storage of cars, trucks, boats, or trailers.

      5.   No habitable structures shall exist on the parcel during its use as a parking area.

      6.   No vehicle registered for commercial purposes pursuant to California Vehicle Code Section 260 which is three tons or more in gross weight shall be parked or left standing on any part of any property with a residential zone classification in excess of 30 consecutive minutes unless actual loading or unloading of said vehicle is in progress on said property.

      7.   One vehicle, which is registered for commercial purposes pursuant to California Vehicle Code Section 260, that is less than three tons in gross weight may be parked on an property with a residential zone classification, only if it is used for transportation to and from the residential premises by the occupant of said premises.

   R.    Renting of rooms:

   The renting of rooms or the providing of board, or both, shall be limited to a total of three bedrooms and a total of three persons per dwelling unit on property within the R-1, R-1P, R-2 and R-2P zones.

    S.   Convenience shops and other limited commercial uses:

   Convenience shops shall be limited to barber and beauty shops, drugstores, delicatessens, and laundry and dry cleaning pick-up and delivery points, and similar service uses designed to serve the residents of the building.

   T.   Parking and/or storage of resident's recreational vehicles:

   Parking and/or storage of recreational vehicles, motorized or non-motorized, is permitted provided all of the following conditions are satisfied:

      1.   The property is improved with only one or two dwelling units.

      2.   Such vehicles shall not be occupied for living purposes.

      3.   Such vehicles shall be limited to those owned by the occupant of the dwelling unit.

      4.   Recreational vehicles shall not be parked or stored where such parking or storage shall constitute a clear and demonstrable vehicular traffic hazard, or be a threat to public health or safety.

      5.   A recreational vehicle shall not be parked or stored within the front yard when there is an existing driveway or other access leading to the rear yard of the residence that can accommodate such vehicle.

      6.   Parking parallel to the front property line shall be prohibited except where a curved or circular driveway exists. In those cases, suitable screening of the recreational vehicle shall be provided.

   U.   Outdoor recreational facilities:

      1.   A swimming pool, spa, tennis court, play apparatus, or similar recreational facility for the sole use of the occupants of the premises and their guests is allowed in any residential zone, provided that:

         a.   The facility is approved with any necessary building permits.

         b.   The facility and its use are incidental to the main use of the lot and does not alter the principal use of the subject lot.

         c.   The facility and its use do not generate pedestrian or vehicular traffic beyond that normally associated with a residential zone.

         d.   The facility and its use do not cause a public nuisance pursuant to Title 6 of the Fullerton Municipal Code.

         e.   The facility and its use comply with the noise standards for the residential zone pursuant to Chapter 15.90 of this title.

         f.   The facility shall not occupy any portion of a required front yard setback for the zone as defined in Table 15.17.050.A.

         g.   Should the facility be located in the front of the residential property, beyond the required setback, it shall be screened from adjacent properties and the public right-of-way. Screening shall be subject to the prior approval of the Director of Development Services.

         h.   Pools, spas and tennis courts may be located within the required rear and side yard setbacks as specified in Table 15.17.050.A., and subject to Subsections 15.17.040.G.2 and 15.17.050.B.6.

         i.   Play apparatuses (including swimming pool slides) or similar facilities which are 120 square feet or less in area and 4 feet or less in height from natural grade shall maintain a minimum 5 foot setback from the rear and side property lines.

         j.   Play apparatuses (including swimming pool slides) or similar facilities which are 120 square feet or less in area and between 4 feet and 10 feet in height from natural grade shall comply with the rear and side building setback requirements for a single-story structure as specified in Table 15.17.050.A.

         k.   Play apparatuses (including swimming pool slides) or similar facilities which are greater than 120 square feet in area or 10 feet or more in height from natural grade shall comply with the rear and side building setback requirements for a two-story structure as specified in Table 15.17.050.A.

         l.   Lighting for any outdoor recreational facility, such as a tennis or basketball court shall be designed in accordance with the following standards:

            i.   Light poles for game court lighting may not exceed fifteen (15) feet above the ground surface.

            ii.   All exterior lighting visible from off-site must be equipped with motion detectors and all decorative lighting and game court lighting must be equipped with automatic timer switches to ensure that the lighting is turned off when not in use.

            iii.   No exterior lighting may be directed off site and shall be shielded to direct light away from any adjacent property.

      2.   Notwithstanding the provisions of subsection 1. above, skateboard ramps or similar structures or devices used for skateboarding, roller skating, rollerblading, or similar wheeled activities are prohibited in any residential zone.

   V.   Residential Beekeeping.

      1.   Permit Required. Any beekeeping in a residential zone shall require a Residential Beekeeping Permit.

      2.   Notification Required. The notification of adjoining properties is required prior to the issuance of a Residential Beekeeping Permit.

      3.   Best Management Practices. Beekeeping shall follow the city's Best Management Practices for Residential Beekeeping and be ancillary to the primary residential use of the property and shall be conducted pursuant to Subsection 15.17.030 M of this title.

         a.   Best Management Practices for Residential Beekeeping are available in the Community Development Department. Acknowledgment of receipt of Best Management Practices document shall be required prior to issuance of Residential Beekeeping Permit.

(Ord. 3326 § 3 (part), 2023: Ord. 3267 § 4, 2018; Ord. 3255 § 3, 2018; Ord. 3254 § 2, 2018; Ord. 3232 (part), 2016; Ord. 3197 § 5, 2013; Ord. 3190 § 3, 2013; Ord. 3131 (part), 2009; Ord. 3075, 2006: Ord. 3026, 2003: Ord. 2982, 2001).

   The following development standards apply in residential zones. Additional standards that are specific to individual zones are found in Sections 15.17.050 through 15.17.070 of this chapter.

   A.   Area of land developed to multiple dwellings considered as constituting a single lot:

   For the purposes of this section, any area of land -- whether a single lot, a combination of lots, or un-subdivided acreage -- which is developed to multiple dwellings under the standards required in this chapter shall be considered as constituting a single lot, and the component lots or parcels of land constituting the lot shall be considered as parts of a whole.

   B.   Lots shall be combined when a building is proposed over two or more lots:

   When a building is proposed over two or more lots, the lots shall be combined as prescribed in Title 16 of this code.

   C.   Usable open space:

      1.   "Usable open space" means an open area or recreational facility designed and intended for outdoor living and/or recreation. Common usable open space shall not exceed a grade of 20 percent, shall have a minimum dimension of at least ten feet, and may include landscaping, walks, recreational facilities, and small decorative objects such as artwork and fountains.

      2.   Open space that does not meet the above requirements but provides visual relief, such as landscaped slopes and planter areas -- and in the R-1 and R-1P zones only, private individual driveways -- may be counted on a one-for-three basis in meeting up to one-third of the common usable open space requirement. Water-oriented visual amenities such as lakes and streams may be counted on a one-for-one basis but shall be included in the same one-third limitation for visual open space.

      3.   Areas underneath external stairways shall not be counted as common usable open space. Inaccessible or partially enclosed areas under building overhangs, second floor decks or patios may be counted as common usable open space, subject to the approval of the Director of Development Services.

      4.   Common usable open space shall not include any portion of off-street parking space, driveways (except in the R-1 and R-1P zones), turnaround areas, the required street setback area, or any accessory building or roof tops, except those portions thereof used for outdoor living or recreational purposes.

   D.   View clearance:

      1.   No structure or landscaping shall be placed within a "cut-off" area, as defined in this subsection in a manner that obstructs a clear view of traffic.

         a.   In the case of a lot at the intersection of two streets, the cut-off area is a triangle with one point at the intersection of the street lines (or their prolongations) and the other points located 15 feet from that point along each of the street lines (see Figure1).

         b.   In the case of a lot located at the intersection of a street and an alley, the cut-off area is a triangle with one point at the intersection of the street and alley lines (or their prolongations), one point 15 feet from that point along the street line, and the other point ten feet from the origin point along the alley line (see Figure 2).

            Figure 2
Vision clearance for street-to-alley condition

         c.   For a driveway located in a side yard of a corner lot, the cut-off area is comprised of two triangular areas on either side of the driveway (see Figure 3). The triangles shall originate at the intersections of the side lot line and either side of the driveway, and project 15 feet from those origin points along both the side of the driveway and the side yard line.

      2.   The Planning Commission may hold a public hearing pursuant to Chapter 15.76 of this title to consider and to issue orders for a property owner to remove any obstruction from any cut-off area that creates a condition that is found to be dangerous to the safety of drivers and occupants of vehicles or to pedestrians.

   E.   Front yard setback on cul-de-sac:

   The front yard setback on a cul-de-sac shall be measured from the closest point of the cul-de-sac and shall be one-half of the setback prescribed by the residential zone classification of the subject property.

   F.   Setbacks on through lots:

   The front yard setback required by the underlying zone shall apply on both street frontages of a through lot, except that fences no more than eight feet in height, non-habitable buildings, and detached accessory structures are permitted at the rear yard property line of a through lot that has an R-1, R-1P, R-2 or R-2P zone, when all vehicular access rights on that street frontage side have been dedicated to the city or have been restricted by parcel map, site plan, or tract map.

   G.   Features that may encroach into a setback:

      1.   Fireplace structures not wider than eight feet, bay windows, and eave overhangs that are incorporated as part of a roof may encroach into a required setback to a maximum of 18 inches.

      2.   Mechanical equipment such as air conditioning units and hot water heaters may encroach into a side and rear yard setback but are subject to noise restrictions as provided in Chapter 15.90 of this title.

      3.   Landscaping, including trees, hedges or shrubs of any height, may be planted within a required side or rear setback area that is not within a cut-off area as defined by Subsection 15.17.040.D. Within a front yard setback, when not within a cut-off area as defined by Subsection 15.17.040.D, landscaping of any height is permitted, except that continuous hedges over three feet in height are not permitted.

   H.   Acoustic analysis required:

   All residential developments proposed within a projected annual CNEL contour (as defined in Title 4, Subchapter 6 of the California Administrative Code) of 60 dB(A) or greater (as indicated in the Fullerton General Plan Community Health and Safety Element) shall require an acoustical analysis (as defined in Title 25, Chapter 1, Article 4 of said Administrative Code) demonstrating and certifying that all required usable open space areas other than visual open space shall be provided with noise-mitigating measures sufficient to reduce the noise levels therein to 60 dB(A) CNEL. The Planning Commission, Redevelopment Agency or City Council, as appropriate, may approve projected exterior levels of not to exceed 65 dB(A) CNEL for areas where the acoustical analysis demonstrates that achieving a level of 60 dB(A) CNEL is clearly not feasible.

(Ord. 2982, 2001).

   The following development standards apply to the R-1, R-1P, R-2 and R-2P zones.

   A.   Minimum lot size:

      1.   No new lot shall be created in any R-1 or R-1P zone which is less in area than the minimum lot size indicated on the city's official Zoning Map for the area in which it is located, except as provided in Title 16 of the Fullerton Municipal Code.

      2.   A new lot with an R-2 or R-2P zone shall be a minimum of 6,000 square feet.

   B.   Building setbacks:

      1.   Building setbacks shall be as prescribed in Table 15.17.050.A. Fence and wall height and location restrictions are found in Subsection 15.17.050.G.

      2.   The front yard building setback shall be no less than the average of the front setbacks for the two adjacent homes. The front yard setback specified in Table 15.17.050.A shall be the requirement when the average of the front yard setbacks for the adjacent homes is less than that specified in Table 15.17.050.A. In the case of a corner lot, the setback shall not be greater than the predominant setback of the street side on which the lot fronts.

      3.   In the case of a key lot on a property with an R-1, R-1P, R-2 or R-2P zone, the front yard building setback shall be at least 15 feet regardless of the minimum lot size.

      4.   The following are exemptions, possible reductions or allowable encroachments to the required building setback:

      a.   A reduction in the building setback not exceeding 20 percent of the requirements in Table 15.17.050.A may be allowed with approval of a Minor Exception pursuant to Chapter 15.66 of this title. A request for a greater building setback reduction shall be reviewed as a variance pursuant to Chapter 15.68 of this title.

      5.   Decks and balconies:

         a.   A deck shall be set back at least five feet from a property line (see Figure 4). Any portion of a deck that is higher than four feet from natural grade shall comply with the building setback requirements for a single story structure as shown in Table 15.17.050.A. Any portion of a deck that is higher than ten feet from natural grade shall comply with the building setback requirements for a two-story structure as shown in Table 15.17.050.A.

      b.    A balcony shall not encroach into the side or rear yard setback requirements for the main building on the property, and when abutting a minimum side yard setback, the balcony shall include screen walls to prevent views into adjacent properties.

   6.   Patio and porch covers, carports and other accessory structures:

         a.   A patio and porch cover, carport, or other non-enclosed accessory structure that is attached to or freestanding from a residence shall be at least five feet from any rear property line and three feet from any side property line that abuts a lot with a residential zone classification.

         b.   Any freestanding fireplace, barbecue structure or kiln shall be at least five feet from a rear or side property line that abuts a lot with a residential zone classification.

         c.   Any enclosed accessory structure such as a sunroom shall comply with the building setback requirements as shown in Table 15.17.050.A.

   C.   Lot coverage, building area and floor/area ratio requirements:

      1.   The lot coverage and floor/area ratio shall be in accordance with Table 15.17.050. B.

      2.   For a residence on a property with an R-1 or R-1P zone, the building area of a second story shall be limited to 70 percent of the building area contained on the first floor (see Figure 5).

 

 

   D.   Maximum height requirements:

   Maximum height requirements shall be in accordance with Table 15.17.050.C. A Conditional Use Permit may be approved for taller structures when the average natural grade of the lot exceeds 25 percent.

 

 

   E.   Open space requirements:

         1.   Open space requirements shall be in accordance with Table 15.17.050.D.

 

 

      2.   In the R-1 and R-1P zones, private individual driveways may be counted on a one-for-three basis in meeting up to one-third of the usable open space requirement.

   F.   Parking Requirements:

      1.   Parking requirements for the R-1, R-1P, R-2 and R-2P zones are shown in Table 15.17.050.E.

      2.   All required parking must be located on-site, meet the minimum dimension requirements of Subsection 15.17.080.D of this chapter, and be located outside of any required setback from a public street.

 

   G.   Fences and walls:

      1.   The height of non-retaining walls, fences, hedges or guardrails shall be in accordance with Table 15.17.050.F. Non-view-obscuring fences may goto a height of six feet with the approval of the Director of Development Services. In reviewing such applications, the Director of Development Services shall consider the proposed construction materials, compatibility with neighboring properties, vision clearance and other factors as necessary. The applicant may appeal the Director’s decision pursuant to Chapter 15.76 of this title.

      2.   Any retaining wall higher than three feet within a front yard setback and higher than four feet within the rear or side yard setback shall be subject to the approval of the Director of Development Services. A proposed retaining wall above these heights, which in the opinion of the Director is being constructed to enlarge the buildable area on the lot, shall be subject to the approval of a Minor Site Plan pursuant to Chapter 15.47 of this title. A retaining wall designed for landscaping purposes, however, is exempt from this requirement.

 

 

   H.    Landscaping requirements:

      1.   The front yard area of the lot shall be maintained with a combination of planting, turf and hardscape areas such that the total area of non-pervious surfaces shall be 40% or less of the total front yard area.

      2.   For non-residential uses permitted pursuant to Table 15.17.020.A, all open parking areas (e.g. non-structured, non-garage) shall be landscaped such that:

         a.   Planters with a total landscaped area equaling a minimum of 25 square feet per parking space, or 8% of the square footage of the open parking area, whichever is greater, shall be provided and distributed throughout the open parking area; and

         b.   Trees with a total shaded area (e.g. the area under the tree canopy or dripline 15 years after installation) equaling a minimum of 50% of the square footage of the open parking area shall be provided and distributed throughout the open parking area.

      3.   Landscaping and irrigation shall be provided for landscaped areas pursuant to Chapter 15.50 for the following:

      4.   Landscaping and irrigation not subject to Chapter 15.50 shall be encouraged to:

         a.   Utilize resources which identify plants that are native to California or are otherwise appropriate for the region and that have moderate to very low water use following establishment;

         b.   Limit the use of turf to active areas; when turf is utilized, select a drought-tolerant variety;

         c.   Utilize decorative gravel or pebbles or mulch on ground plane, as appropriate for type of plants, to improve water holding capabilities;

         d.   Group plants of similar water requirements together to allow more effective use of irrigation; and

         e.   Design the irrigation system to utilize point irrigation systems (including micro-spray, bubbler, drip emitter, or sub-surface) for more efficient delivery of water to root systems and to minimize run off.

(Ord. 3232 (part), 2016; Ord. 3226 (part), 2016; Ord. 3197 §§ 6-9, 2013; Ord. 3134 (part), 2009; Ord. 3131 (part), 2009; Ord. 2982, 2001: Ord. 3026, 2003).

   The following development standards for R-1P, R-2P and R-3P zones are in addition to the applicable standard contained in Sections 15.17.040, 15.17.050, and 15.17.070.

   A.   All proposed development, including the rehabilitation of existing structures, will be reviewed for compliance with established design criteria and standards, specific to the preservation zones and identified significant properties. These adopted design criteria and standards, entitled "Design Guidelines for Residential Preservation Zones," are intended to serve as a baseline -- a set of elementary guidelines -- by which a proposal will be evaluated.

   B.   All proposed development shall be subject to the following types of review and approval. Routine maintenance of existing improvements (e.g., repainting of a structure, duplicating damaged or deteriorated exterior architectural features) is exempt from these review procedures as long as the original design is retained.

      1.   Those projects listed below which the Community Development Director determines are consistent with the design criteria and standards established or the residential preservation zones shall be subject to administrative review and approval by the Community Development Director.

         a.   Minor alterations, including the addition, change, or removal of exterior architectural features and existing hardscape.

         b.   Minor improvements such as air conditioning units, skylights, solar panels, greenhouse windows, roof mounted equipment, arbors, trellises and fences.

         c.   All development wherein structures are enlarged by less than 50 percent of the existing floor area, the total addition is less than 500 square feet, and such addition is not readily visible from the public street.

         d.   The demolition of accessory structures which have a floor area less than 500 square feet.

         e.   The construction of an accessory structure in a location that is behind or partially behind the main residence, when the architectural features of the accessory structure match those of the main residence including, but not limited to, siding, windows, trim, roofing and vents, in accordance with the Design Guidelines for Residential Preservation Zones.

      2.   Those projects listed below will be reviewed as a Site Plan in accordance with Sections 15.47.025 and 15.47.040 of this title:

         a.   All new development that proposes the creation of additional residential units on the lot.

         b.   Any combination of alterations and additions which result in a structure being enlarged by 50 percent or more of the existing floor area or more than 500 square feet.

         c.   Any addition to an existing structure wherein such an addition is readily visible from the public street.

         d.   The construction or demolition of an accessory structure which has a floor area of 500 square feet or more, or the construction of multiple accessory structures which have a cumulative floor area of 500 feet or more, unless 15.17.060.B.1.e applies.

      3.   Those projects listed below will be reviewed by the Landmarks Commission as a Site Plan in accordance with Sections 15.47.025 and 15.47.040 of this title:

         a.   The demolition of a residential structure in a preservation zone wherein more than 50% of the structure will be removed from a site either by relocation or destruction, or when any portion of the street facing elevation is demolished.

         b.   The demolition or alteration of any Significant Property or Historical Landmark.

      4.   A Community Development Director determination pursuant to 15.17.060.B.1 or 2 above may be appealed to the Landmarks Commission.

   C.   Proposed new construction will be subject to the following site development standards:

      1.   All buildings shall be encouraged to have a minimum front yard setback of 20 feet. In the R-2P and R-3P zones, proposals requesting a building setback less than 20 feet shall be subject to approval by the Landmarks Commission as a Minor Site Plan in accordance with Chapter 15.47 of this title. In the R-1P zone, proposals requesting a front setback less than the predominant setback on the street shall be subject to approval by the Landmarks Commission as a Minor Site Plan in accordance with Chapter 15.47 of this title.

      2.   Half of the required amount of parking may be in the form of a carport and/or an open, paved space. No parking area, however, shall be allowed in front of any principal building.

      3.   An existing driveway that no longer serves as access to a garage may be used for a parking space as long as the parking space is behind the front yard setback. A new driveway for the purpose of

providing an open parking space will be discouraged and subject to the approval of the Director of Community Development.

      4.   The total gross floor area of all dwelling units on the property shall not exceed 40 percent of the net lot area of any property on which at least one existing dwelling unit is preserved and shall not exceed 35 percent of the net lot area where no existing dwelling units are preserved.

   D.   The decision to approve or deny any proposed development will be guided by the following objectives:

      1.   The primary objective shall be the city’s commitment, as directed by state legislation and enunciated in the Housing Element of its General Plan, to the preservation and rehabilitation of existing affordable housing and neighborhood lifestyle. Additionally, the intent is to protect and enhance the historic character of development found within these preservation zones.

      2.   If the existing housing is clearly deteriorated or dilapidated beyond rehabilitation, or if a residential structure does not contribute to, or is not compatible with, the established character of the neighborhood, said housing may be removed.

      3.   In any case where new construction is proposed, said construction shall be reviewed in the context of the existing intensity and diversity of development and lifestyle in the neighborhood. Where proposed new construction is found to be incompatible with such by reason of obtrusiveness, excessive bulk, over development, inappropriate architectural style or nonresidential character, such a proposal shall be modified or denied.

      4.   For improvements involving an existing structure, the recommended policy shall be to retain, repair or restore original architectural elements, rather than to replace them. If such elements cannot be repaired or restored, the replacement should be made with the materials that are the same type as those used at the time of original construction when possible, but when necessary, substitutions may be made with materials that match in design, texture and color. Original materials shall be proven to be deteriorated beyond reasonable repair before substitute materials can be considered.

   E.   Notwithstanding the requirements for R-1P, R-2P and R-3P zones, the Landmarks Commission may consider a Site Plan application from a property owner and upon review of the application, facts, and consideration of alternatives at a noticed public hearing, may waive on a selective and limited basis the “preservation” requirements of this section that cause undue hardship.

(Ord. 3267 §5, 2018; Ord. 3232 (part), 2016; Ord. 2982, 2001).

   The following development standards apply to the R-G, R-3R, R-3, R-3P, R-4, R-5 and R-MH zones.

   A.   Minimum lot size, minimum lot area per unit, and maximum lot coverage:

      1.   The minimum lot size, the minimum lot area per unit, and the maximum lot coverage for the R-G, R-3R, R-3, R-3P, R-4, R-5 and R-MH zones shall be in accordance with Table 15.17.070.A.

      2.   The minimum lot area per dwelling unit for property with an R-3 or R-3P zone shall be in accordance with Table 15.17.070.B.

      3.   Density bonus :

         a.   The permitted lot area per dwelling unit shall be 1,600 square feet per unit, regardless of bedroom mix, when at least 80 percent required parking is fully below natural grade.

         b.   The permitted lot area per dwelling unit shall be 1,600 square feet per unit, regardless of bedroom mix, when two pre-existing, legal lots are consolidated into one lot of 20,000 square feet or greater having access from a public alley.

 

 

 

 

   B.    Building setbacks :

      1.   Building setbacks shall be as prescribed in Table 15.17.070.C.

      2.   One-story buildings may encroach into the required street setback, provided that the average setback for all buildings facing said street shall equal 15 feet or more and no building is less than 10 feet from the property line.

 

      3.   When the combined area of the required setbacks from public streets exceed 25 percent of the total lot area, said setbacks may be reduced so as not to exceed 25 percent of the total lot area, subject to the approval of the Director of Development Services (see Figure 6).

      4.   Windows of residential units on the same property may face each other, but they shall be separated by a minimum distance based on the type of room in where the window is located (living room/family room; bedroom/kitchen; stained glass/opaque/translucent/clerestory windows; or no windows) and the number of stories for the buildings. Table 15.17.070.D shows the window-to-window separation requirements for units in buildings on the same property.

      5.   Windows in multiple-family residential units that face either a side or rear property line or an alley are subject to specific setbacks based on the building's height and the type of room where the window is located. Table 15.17.070.E shows the building setback requirement from a side or rear property line. The required setback from a public alley is 50% of the value shown in Table15.17.170.E.

         a.   Notwithstanding this subsection, blank walls up to one story in height may be constructed on the property line.

         b.   Notwithstanding the above setback requirements, a reduction of interior setbacks may be requested up to a maximum of five feet if the street setback is increased on a one-for-one basis, as long as an interior setback of seven feet is maintained.

         c.   When a building has subterranean parking or a basement that elevates the first story at least three feet above natural grade, said subterranean parking or basement shall be considered one-half of a story for purposes of computing the required setback as shown in Table 15.17.070.E.

         d.   The tiering of building setbacks according to the setback requirements of each story is permitted (see Figure7).

   C.   Maximum height requirements:

      1.   The height limitations for the R-G, R-3R, R-3, R-3P, R-4 R-5 and R-MH zones are shown in Table 15.17.070.F. In the case of a setback based on distance to a property with an R-1 zone, the building setback is measured from the closest point along the property line with the R-1 zone.

 

      2.   If the multiple-family structures are down slope from an adjacent property that is zoned R-1 or R-1P and a grade differential of more than ten feet exists between the building pad elevations, the height limitations of the multiple-family structures are two stories within 50 feet of the R-1 or R-1P zoned property and three stories within 50 to 100 feet of the R-1 or R-1P zoned property. If a grade differential of more than 20 feet exists, a three-story multiple-family building is allowed within 50 feet of R-1 and R-1P zoned property.

      3.   In the multiple-family residential zones R-3, R- 3P, R-3R, R-4 and R-5, where subterranean parking is used, and such parking area is a basement as defined in Chapter 15.04, then the story above said basement shall be considered the first story of the structure.

   D.   Usable open space requirements:

      1.   In multiple-family developments in the R-G, R- 3R, R-3P, R-3, R-4 and R-MH zones, each dwelling unit shall be provided at least one area of private usable open space in the form of fenced or screened patios, decks, or balconies with minimum dimensions of at least six feet and a minimum area of at least 100 square feet. All such private open space areas may be counted on a one-for-one basis up to a total of one-third of the required open space.

      2.   In multiple-family developments in the R-5 zone, each dwelling unit shall be provided at least one area of private usable open space in the form of fenced or screened patios, decks, or balconies with a minimum dimensions of at least six feet and a minimum area of at least 67 square feet. All such private open space areas may be counted on a one-for-one basis up to a total of one-third of the required open space.

      3.   First story patios, decks, or balconies that are elevated above natural grade by existence of subterranean parking or basement, shall not have dirt back-filled or deposited under the patios, decks, or balconies and retained within five feet of a property line. Patio decks or balconies elevated above natural grade shall be at least five feet from any property line.

      4.   Private usable open space shall not include any portion of off-street parking space, driveways, turnaround areas, required street setback area, or any accessory building or rooftops, except those portions thereof used for outdoor living or recreational purposes.

      5.   In R-5 zones only, and only in those R-5 developments containing no dwelling unit of over one bedroom, up to 25 percent of any landscaped or recreational area developed and maintained above grade on top of buildings or site structures may be counted as open space rather than as covered space in computing total site coverage, provided that the area so counted shall not total more than 50 percent of the required site open space.

      6.   In addition to private individual private open space areas as required by this subsection, multiple-family development shall also include common open space, as defined in Subsection 15.17.040.C, based on the number of units and bedroom mix in accordance with Table 15.17.070.G.

 

   E.    Parking requirements:

      1.   Parking requirements for multiple-family dwellings in the R-G, R-3R, R-3, R-3P, R-4 and R-5 zone classifications shall be in accordance with Table 15.17.070.H.

 

      2.   Parking requirement reductions:

         a.   In R-5 zones only and only in those R-5 developments containing dwelling units of not more than one bedroom each, the required parking may be reduced upon the approval of a Conditional Use Permit to a minimum of not less than one space per two dwelling units.

         b.   In the R-3, R-4 and R-5 zones, a reduction to one space per four dwelling units may be granted to federally and state subsidized retirement complex with the approval of a Conditional Use Permit. In reviewing the Conditional Use Permit, the factors to be considered shall include, but not be limited to, the projected population of the proposed development, the design of the building or development in relation to the ability to provide additional parking if needed, the possibility of contractual limitations on the ownership of vehicles, and the site's proximity to shopping facilities, schools, recreation, and cultural opportunities.

   F.   Fences and walls:

      1.   Fences and walls shall be regulated as outlined in Section 15.17.050.G.

      2.   A fence or wall over three feet in height and located within the required building setback area from a public street shall be subject to the approval of the Director of Development Services.

   G.   Landscaping:

      1.   All street and alley setbacks shall be landscaped except for pedestrian and vehicular access ways, parking areas, or other non-irrigated areas designed for non-development (e.g. existing native vegetation).

      2.   All open parking areas (e.g. non-structured, non-garage) shall be landscaped such that:

         a.   Planters with a total landscaped area equaling a minimum of 25 square feet per parking space, or 8% of the square footage of the open parking area, whichever is greater, shall be provided and distributed throughout the open parking area; and

         b.   Trees with a total shaded area (e.g. the area under the tree canopy or dripline 15 years after installation) equaling a minimum of 50% of the square footage of the open parking area shall be provided and distributed throughout the open parking area.

      3.   Landscaping and irrigation shall be provided for landscaped areas pursuant to Chapter 15.50 for the following:

      4.   The governing documents of a common interest development (e.g. community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351) shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group or restricting compliance with a local water-efficient landscape ordinance or water conservation measure.

   H.   Development standards for the Mobile Home (R-MH) zone:

      1.   Any mobile home park shall have frontage on and vehicular access to a street having a minimum right-of-way width of 80 feet. No vehicular access way shall be permitted except on such street and only one vehicular access way shall be permitted per street frontage.

      2.   A decorative wall shall normally be constructed and maintained around the perimeter of mobile home parks except that along any public street it shall be set at the rear of the required setback. Under most circumstances said wall shall be six feet in height, however, the requirement for fencing and the type and height of such fencing may be varied in conformance with special topographical conditions, existing fences, or specific design goals of the developer, subject to the approval of the Director of Development Services.

      3.   All required setbacks and all incidental open space within the mobile home park shall be landscaped and maintained in accordance with an approved landscaping plan.

      4.   Fire prevention and security features shall be provided in all mobile home parks as required by the Fire Chief.

(Ord. 3254 § 3, 2018; Ord. 3226 (part), 2016; Ord. 3134 (part), 2009; Ord. 2982, 2001)

   A.   Number of parking spaces:

      1.   Parking requirements are listed in Subsection 15.17.050.F for property with an R-1 and R-2 zone, and Subsection 15.17.070.E for zones R-G through R-5.

      2.   In the R-MH zone, parking shall be provided at the ratio of two open spaces per mobile home, plus one open space per every five mobile homes for guest parking.

      3.   Parking requirements for a dormitory, fraternity, sorority or lodging house shall be one-half space, open or enclosed, per planned resident.

      4.   All other uses shall require parking as indicated in Chapter 15.55 of this title.

   B.   Resident parking:

      1.   Required parking for residents shall be within a garage or a covered carport, as allowed by this subdivision.

      2.   Garages shall be enclosed on three sides and equipped with a door for the vehicular entrance on the fourth side other than as noted below:

         a.   Except in R-1, R-1P, R-2 and R-2P zones, the garage doors may be eliminated from all garages that are not visible from the public street.

         b.   Except in R-1, R-1P, R-2 and R-2P zones, covered carports may be substituted for garages if the structure is not visible from a public street.

         c.   In the case of city- sponsored housing rehabilitation programs, a committee con-sisting of the Director of Community Development or his/her designee, the Director of Public Works or his/her designee, upon the conclusion of a public hearing held pursuant to Chapter 15.76 of this title, may modify the resident parking requirement to an extent commensurate with the value and situation of the housing being rehabilitated.

      3.   Required handicapped parking for residents shall be provided in accordance with City of Fullerton Building Code.

      4.   Existing multiple family housing developments in the R-G, R3-R, R-3, R-4 and R-5 zones may utilize mechanical parking devices and tandem parking to increase the parking supply, subject to approval of a Minor Site Plan application and compliance with the following provisions.

         a.   Mechanical parking devices:

            i.   Parking spaces in a vertically stacked configuration shall be assigned to the same unit.

            ii.   Vertically stacked parking spaces shall require use of a key or other locking mechanism to prevent unauthorized access to the device and vehicles.

            iii.   Manual override shall be provided to allow the upper vehicle to be accessed and removed during a power outage.

            iv.   Property owner shall maintain parking lifts at regular intervals per manufacturer recommendations, and provide for 24 hour emergency service.

            v.   Parking lifts must be designed to accommodate mid-sized (or larger) SUVs.

            vi.   Mechanical parking devices may not be used for oversized vehicles, disabled and guest parking spaces.

            vii.   Parking lifts shall be designed to prevent vehicle fluids and/or debris from the upper vehicle spilling onto the lower vehicle.

            viii.   Vertically stacked parking spaces shall not be utilized to store non-operative vehicles.

            ix.   Mechanical parking devices may be located in a garage or carport, or may be unenclosed provided they are screened so as not to be readily visible from a public street and adjacent properties, as determined by the Community Development Director through the Site Plan review process. The Community Development Director may further authorize removal of existing garages or carports if necessary to accommodate parking devices.

            x.   Vertically stacked parking spaces shall be located in compliance with development standards for the zone in which they are located, including but not limited to height, setback and driveway requirements. The Community Development Director may grant a reduction in setback for mechanical parking devices as part of the Minor Site Plan Review under all of the following conditions:

               (a)   The mechanical devices will provide parking to meet existing demand on the project site.

               (b)   The parking cannot be accommodated in any other manner on the property.

               (c)   The installation complies with all other provisions of Section 15.17.080.B.4.a.

         b.   Tandem parking shall be permitted subject to the following provisions:

            i.   Minimum parking stall dimensions shall comply with requirements for standard size parking spaces.

            ii.   Tandem parking spaces shall be utilized for resident parking only, and shall be assigned to the same unit.

            iii.   Inoperable vehicles shall not be stored in tandem parking spaces.

            iv.   No more than 50% of the parking shall be provided as tandem spaces.

      5.   New construction of multiple family housing developments in the R-G, R3-R, R-3, R-4 and R-5 zones may utilize mechanical parking devices and tandem parking subject to the requirements listed in the following subsections. The parking configuration, including proposed parking devices, shall be considered as part of the Major or Minor Site Plan, or other application as may be required for the development.

         a.   Mechanical parking devices:

            i.   Parking spaces provided in a stacked configuration shall be assigned to the same unit.

            ii.   Vertically stacked parking spaces shall require use of a key or other locking mechanism to prevent unauthorized access to the device and vehicles.

            iii.   Manual override shall be provided to allow the upper vehicle to be accessed and removed during a power outage.

            iv.   Property owner shall maintain parking lifts at regular intervals per manufacturer recommendations, and provide for 24 hour emergency service.

            v.   Parking lifts shall be designed to accommodate mid-sized (or larger) SUVs.

            vi.   No more than 50% of required parking shall be provided by mechanical devices. Surface parking shall be provided to accommodate oversize vehicles, disabled and guest parking spaces.

            vii.   Parking lifts shall be designed to prevent vehicle fluids and/or debris from the upper vehicle spilling onto the lower vehicle.

            viii.   Vertically stacked parking spaces shall not be utilized to store non-operative vehicles.

            ix.   Mechanical parking devices may be located in a garage or carport, or may be unenclosed provided they are screened so as not to be visible from a public street or adjacent properties.

            x.   Vertically stacked parking spaces shall be located in compliance with development standards for the zone in which they are located, including but not limited to height, setback and driveway requirements.

         b.   Tandem parking shall be subject to the following provisions:

            i.   Minimum parking stall dimensions shall comply with requirements for standard size parking spaces.

            ii.   Tandem parking spaces shall be utilized for resident parking only, and shall be assigned to the same unit.

            iii.   Inoperable vehicles shall not be stored in tandem parking spaces.

            iv.   Tandem parking shall not cause the property to exceed the applicable lot coverage standard.

            v.   No more than 50% of the parking shall be provided as tandem spaces.

         c.   A maximum of 50% of the resident parking may be provided by any combination of mechanical parking devices and tandem parking spaces.

   C.   Guest parking:

      1.   All required parking for guests shall be open and uncovered, clearly marked and signed, and accessible at all times.

      2.   Guest parking shall be evenly distributed throughout the development for the convenience of the guests. In condominium, stock cooperative or community apartment projects, the required guest parking spaces shall not be individually sold or assigned to particular units, unless the City approves a Conditional Use Permit to allow such a use.

      3.   A signing program for the required guest parking shall be reviewed and approved by the Director of Development Services prior to the issuance of building permits.

   4.   If security gates are utilized for the parking area, either all of the required guest parking must be outside the gates and available for the convenience of guests, or a direct phone system to all the units must be installed. Any such installation shall fully comply with any conditions of approval attached to the proposal by the Zoning Administrator, including the need for building and electrical permits prior to the start of work.

   D.   Stall size:

      1.   A standard size parking space shall have a minimum length of 19 feet and width of 9 feet.

      2.   Compact car stalls, of a size no smaller than 16 feet in length by 8 feet in width, are permitted up to a maximum of 30 percent of the required parking.

      3.   The size of required handicapped parking shall comply with Title 24 of the California Building Code.

      4.   Whenever a parking space is adjacent to a wall, its width shall be increased one-half foot from its normal dimension.

   E.   Location of parking:

      1.   Required off-street parking spaces shall be located on the same lot or building site, except that such required spaces may be permitted at other locations when and as approved by a Conditional Use Permit.

      2.   Parking is permitted in a front yard setback on a driveway leading to a parking space that is located outside of the front yard setback area. Parking is not permitted in any front yard setback area that is not an approved driveway.

      3.   In any residential zone classification, other than the PRD zone, garages with an opening facing a public street equipped with a door swinging outward will be set back at least 25 feet from the street right-of-way line, and garages with an opening facing a public street equipped with a sectional, roll-up door will be set back at least 20 feet from the street right-of-way; garages with an opening facing a public alley will be set back at least five feet from the common property line with such alley.

      4.   If security gates are utilized for the parking area, either all of the required guest parking must be outside the gates and available for the convenience of guests, or a direct phone system to all the units must be installed. Any such installation shall fully comply with any conditions of approval attached to the proposal by the Staff Review Committee, including the need for building and electrical permits prior to the start of work.

      5.   Required parking spaces may overhang two feet over landscaped areas and walkways, other than street rights-of-way, provided the total depth of any such landscaped area or walkway is at least six feet.

      6.   Where it can be shown that required parking will not actually be utilized more than a few hours a week, such parking may be provided as ground cover landscaping, subject to the approval of a Conditional Use Permit.

   F.   Use of parking:

      1.   All parking required for apartments, four or more units in size, in a multi-family residential zone classification by this section is, and has been established as, necessary to accommodate the needs of residents and guests of the project for which the parking is required. The specific intent of this provision is to ensure that all tenants have access to parking in connection with their rental of an apartment unit, to the extent that it exists, and to ensure that all existing parking is used only by the tenants of the corresponding rental unit, except as otherwise provided in this section.

      2.   Each resident parking space shall be specifically and exclusively assigned to a rental unit according to the requirements of Sections 15.17.050(F) and 15.17.070(E). Residential parking at apartment buildings or complexes four or more units in size must be assigned according to the charts in Sections 15.17.050(F) and 15.17.070(E), such that each apartment unit has reserved for its sole and exclusive use that whole number of parking spaces mandated by these sections.

   The tenants of each rental unit will have sole and exclusive use of that unit's assigned parking spaces, except as otherwise provided in this section. Guest parking shown on plans for the apartment units/complex at the time of site plan or other approval and any additional guest parking required by subsequent approvals shall be maintained exclusively for guests of tenants.

      3.   (A)   Such required resident parking shall not be (i) rented, let or used for storage which would impede use of the resident parking space for parking, or occupancy of any kind by nonresidents of the project, (ii) rented or let by tenants to other tenants or to the landlord, or (iii) rented, let or used for storage of any kind which would impede use of the resident parking space for parking by the landlord to any other tenant within the same building or complex, unless a Conditional Use Permit is approved to allow such uses and occupancy. However, as to any tenant who does not require a vehicle parking space, the landlord may allow that tenant's assigned parking space to be used by another tenant of the building or complex provided that no fee or charge may be made for such use.

         (B)   Required guest parking shall not be (i) rented, let or used for storage or other than temporary occupancy by tenants and guests of the project, (ii) rented or let by tenants to other tenants or to the landlord, or (iii) rented, let or used for storage of any kind by the landlord to any other tenant within the same building or complex, unless a Conditional Use Permit is approved to allow such uses and occupancy.

      4.   For any apartment building or complex consisting of four or more units which was built prior to 1950 and which does not have at least one on-site parking space per unit, no unit shall be assigned more than one on-site parking space so long as the legal non-conformity exists, and those on-site spaces which are available shall be assigned exclusively to tenants, on an equitable basis, such as by seniority of residence, drawing by lot, issuance of one parking decal or permit to each tenant and allowing tenant parking on a first come first served basis for permitted vehicles, or similar equitable methodology. Any tenant who does not require a vehicle parking space need not be included in the equitable distribution system.

      5.   All landlords and tenants affected by any changes to this section must comply with these provisions within ninety (90) days of the effective date of this section. Thereafter, violations of these provisions shall be punished pursuant to Section 1.08.010 of the Fullerton Municipal Code.

      6.   Amortization. Any landlord who is unable to comply with the provisions of this section due to the existence of insufficient on-site parking spaces to comply with this section, or because of the existence of a lawful and valid agreement for rental of parking spaces to non-tenants or for more than the required number of spaces to particular tenants, which provides for a fixed term and was entered into prior to March 1, 2005, may seek an extension of time to comply with the provisions of this section. The purpose of an extension of time shall be to provide a reasonable opportunity to amortize the property owners investment in cases of economic hardship while making every effort to insure that parking spaces are made available to tenants as required herein as expeditiously as possible. The Application for Extension provides a process for the City to review the applicant's statement relating to alleged economic hardship arising from compliance with this section, the nonconformity's impact on the community and consistency with current City goals and policies, and to provide an opportunity for the owner of such a property to address his plans for the property and the reasons why amortization of the investment involved could not be accomplished in the ninety day amortization period provided in this Chapter.

      7.   The owner of property who seeks to extend the period in which to comply with the provisions of this section, or his authorized agent, may file an application for extension of the amortization period. Such applications shall be filed and considered pursuant to the following procedures:

         (A)   Extensions by Development Services Director. The Development Services Director may extend the original amortization period, upon the filing of an Application for Extension in accordance with this Chapter demonstrating reasonable need, in the following circumstances:

            1.   Where there is insufficient on-site parking spaces to comply with this section and the owner demonstrates a need for additional time to implement an equitable allocation of existing spaces among tenants; and/or

            2.   The owner/landlord entered into an agreement for rental of parking spaces to non-tenants or for more than the required number of spaces to particular tenants, which provides for a fixed term (i.e., is not month to month) and was entered into prior to March 1, 2005.

         (B)   To receive such extension consideration, the property owner shall request an extension in writing on forms prepared for that purpose, no later than thirty (30) days prior to the expiration of the amortization period as set forth in this Chapter, including a full explanation of the reason why the extension should be granted. Applications for Extension shall be filed with the Director of Development Services. Any decision of the Director of Development Services under this Section may be appealed to the Planning Commission within ten (10) days of issuance of the written notice of the Director's decision. In the absence of a timely filing of an appeal of the decision of the Development Services Director to the Planning Commission, the decision of the Development Services Director shall be final and conclusive as of the date it is mailed to the property owner. Upon any timely appeal to the Planning Commission, its decision shall be final and conclusive as of the date of the adoption of the resolution granting or denying extension.

         (C)   Extension Findings. The following shall constitute the findings for granting an Application for Extension. The hearing body may grant the extension only upon making all of the required findings based upon the evidence presented at the hearing. The applicant shall have the burden of proof to show, by relevant evidence, the existence of facts supporting the conclusion that the findings as set forth below can be made:

            1.   The property owner or applicant or both will suffer severe economic hardship unless an extension of the amortization time is granted; and

            2.   The severe economic hardship is not the result of actions undertaken voluntarily by the property owner or applicant; and

            3.   The property owner and applicant have taken all reasonable and necessary steps to bring the property into conformity or mitigate the effects of its nonconformity within the amortization period permitted; and

            4.   It is not reasonably feasible to provide the minimum number of parking spaces required by the Fullerton Municipal Code and to allocate them for tenants' use only as required, or it is not reasonably feasible to terminate existing parking space lease agreements which extend beyond ninety (90) days from the effective date of this section.

         (D)   No extension of amortization may be granted if continuation of noncompliance with the requirements of this Chapter will unreasonably interfere with the use, possession, or enjoyment of surrounding and adjacent properties, or the harm caused by allowing extension of the amortization period outweighs any demonstrated hardship upon the property owner seeking an extension. Under no circumstances shall an extension of the amortization period be granted for a period longer than one (1) year. For apartment building owners who are unable to comply with this section due to physical limitations of the existing property and buildings thereon, a variance from the provisions of this Chapter must be sought prior to the expiration of the amortization period and any extension thereof.

(Ord. 3254 §§ 4, 5, 2018; Ord. 3197 § 10, 2013; Ord. 3131 (part), 2009; Ord. 3062 § 1, 2005: Ord. 2982, 2001)

   A.   Access:

      1.   All required parking spaces shall have access to a public street or alley.

      2.   An adequate driveway "throat" shall be provided from the public street, unencumbered by parking spaces, turnaround areas or security gates, subject to the approval of the Director of Engineering.

      3.   In the multiple-family residential zones R-3R, R-3, R-3P, R-G, R-4 and R-5, when subterranean parking is used the ramp down to the garage shall have a transition or vertical curve for ten feet measured horizontally from the street or alley toward the garage. Ramps shall have a maximum slope of 20 percent designed so that there is a maximum break in grade of ten percent, with a minimum transition or vertical curve of five feet between major grade breaks. No parking shall be allowed to use for turnaround area and ramp with a slope greater than five percent.

   B.   Standards for driveways on property with an R-1, R-2 or any residential preservation zone classification:

      1.   One-way driveways and driveways providing access to ten or less parking spaces shall have a minimum width of 12 feet, except for driveways in the R-1P, R-2P and R-3P zone classifications, where the maximum width is nine feet. Driveways should be spaced a minimum of one foot from the property line of an adjacent lot.

      2.   A "U"-shaped driveway, where the driveway has more than one point of access from a public street, may be allowed subject to the following conditions (see Figure 8):

         a.   The distance between the points of access from the public street shall be at least 30 feet.

         b.   The distance from the front property line to the center point of the driveway curve shall be at least 10 feet.

         c.   The area of the proposed driveway shall be no more than 50 percent of the required front yard setback area.

         d.   Counting the proposed driveway area, the property shall comply with the lot coverage requirement for the zone.

   C.   Standards for driveways on property with a multiple-family residential zone classification:

      1.   One-way driveways shall have a minimum width of 12 feet. Two-way driveways shall have a minimum width of 25 feet.

      2.   Driveways should be located a minimum of one foot from the property line of an adjacent lot.

      3.   Turnaround aisles and drives shall be subject to the approval of the Director of Development Services.

      4.   Driveways and/or turnaround aisles serving ten or more parking spaces shall not be dead-ended unless a turnaround or backup area is provided to the satisfaction of the Director of Development Services.

(Ord. 3197 § 10, 2013; Ord. 3131 (part), 2009; Ord. 3062 § 1, 2005: Ord. 2982, 2001)

   A.   Applicability and effect:

   Any proposal to convert existing occupied rental housing projects into a residential condominium project as defined in Sections 783 and 1351 of the California Civil Code, Community Apartment Project as defined in Section 11004 of the California Business and Professions Code, or Stock Cooperative, as defined in Section 11003.2 of the California Business and Professions Code (collectively referred to as "residential conversion"), shall comply with the provisions and standards of the following subsections.

   B.   Current building and zoning code requirements to be met:

   No proposed residential conversion shall be approved unless the Development Services Department reports to the Planning Commission and/or the City Council that, based upon examination of the original site and building plans, the project meets all current Zoning and Building Code requirements and the Council and/or Planning Commission finds such report to be true.

   C.   Vacancy rate limitation:

   No proposed residential conversions, as previously defined, shall be approved when the last vacancy rate, as established by the annual Federal Department of Housing and Urban Development apartment survey -- or a similar survey approved by the Director of Development Services -- for apartments being offered for lease or rent within the City of Fullerton, is equal to or less than three percent. However, a proposed residential conversion involving a project where there is an agreement with the Fullerton Redevelopment Agency or the City of Fullerton to provide affordable housing may be approved even if the vacancy rate is below three percent.

   D.   Tenant relocation:

      1.   Prior to filing a tentative map or tentative parcel map for a residential conversion, the sub-divider shall prepare a report describing steps they intend to take in order to ensure the successful relocation of each tenant in the event that conversion takes place. The report, to be submitted to the City and to be given to all tenants along with a notice of the proposed conversion, shall specifically state what assistance will be provided to tenants such as the elderly, the handicapped, or families with children who may encounter difficulty finding new quarters.

      2.   In order to reduce the number of tenants being displaced, the residential sub-divider shall consider incentives and inducements that would permit tenants to become owners in the converted project. The sub-divider shall also consider allowing hard to relocate tenants to remain as tenants, or giving such tenants additional time for permanent relocation.

      3.   The report shall also include a list of apartment vacancies within Fullerton or within a five-mile range of the project, at least equal in number to the units that would be converted, which are in the same rental range.

      4.   The residential sub-divider shall certify that all tenants have been delivered a copy of said report within the last 30 days preceding filing of the tentative map for said conversion.

(Ord. 2982, 2001: Ord. 3026, 2003).

   A.   Intent:

It is the intent of the City to permit accessory dwelling units (ADU) and junior accessory dwelling units (JADU), in conformance with California state law, on lots in residential zones, when subject to development standards that will ensure the unit contributes to a suitable living environment for people of all ages and economic levels, while preserving the integrity and character of the residential neighborhood in which it is located.

   B.   Applicability and effect:

An accessory dwelling unit and/or junior accessory dwelling unit which conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the existing General Plan and zoning designations for the property.

   C.   Standards and limitations:

Units meeting all of the following criteria shall be reviewed ministerially, subject to the issuance of a building permit and shall demonstrate compliance with all of the standards and limitations set forth in this section, to the satisfaction of the Community and Economic Development Director.

      a.   Applicability. The provisions of 15.17.100.C.1 apply to ADUs constructed (1) within the existing space of a dwelling or structure, including a garage, (2) as an added story on top of an existing dwelling or structure, or (3) in the same location and to the same dimensions as an existing structure.

      b.   Number of ADUs.

         i.   Properties with an R-1/R-1P zone classification shall be limited to no more than one (1) ADU.

         ii.   Properties with an O-P zone classification currently developed with a building originally constructed as a single-family residence (regardless of current use) shall be limited to no more than one (1) ADU, subject to the following.

            1.   An ADU shall be allowed within the portions of the single-family residence structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.

         iii.   Properties with an R-2, R-2P, R-G, R-3R, R-3P, R-3, R-4, R-5, C-3 and SPD zone classification containing fewer than 8 units shall be limited to no more than one (1) ADU, subject to the following.

            1.   An ADU shall be allowed within the portions of an existing multi-family dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.

         iv.   Properties with an R-2, R-2P, R-G, R-3R, R-3P, R-3, R-4, R-5, C-3 and SPD zone classification containing eight or more units shall be limited to no more than the number of ADUs which equates to 25 percent of the total existing units, subject to the following.

            1.   An ADU shall be allowed within the portions of an existing multi-family dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.

            2.   All calculations resulting in fractional units shall be rounded down to the nearest whole number.

      c.   Number of bedrooms. An ADU shall contain no more than two (2) bedrooms as defined in Section 15.04.040.

      d.   Size.

         i.   When an ADU is constructed solely through the conversion of an existing building or structure or in the same location and to the same dimensions as an existing structure, it shall be limited in size to the existing square footage of the building or structure converted or replaced, except that the existing building or structure may be expanded up to 150 sq. ft. for the purposes of ingress and egress to the ADU only.

         ii.   When an ADU is constructed above an existing building or structure, it shall be limited in size to the footprint of the existing building or structure on which it sits, except that either the existing building or structure or ADU may be expanded up to 150 sq. ft. for the purposes of ingress and egress to the ADU only.

      e.   Access. An ADU shall have independent access from the outdoors, separate from exterior access to the primary dwelling unit; however interior access between the ADU and primary dwelling unit may also be provided.

      f.   Setbacks.

         i.   When an ADU is constructed solely through the conversion of an existing building or structure or in the same location and to the same dimensions as an existing structure, no additional building setback is required, subject to compliance with fire safety requirements.

         ii.   When an ADU is constructed above an existing building or structure, no additional building setback is required, subject to compliance with fire safety requirements.

         iii.   When an existing building or structure is expanded pursuant to Section 15.17.100.C.1.d, a minimum four (4) foot side and rear setback shall be required, subject to compliance with fire safety requirements. The expansion shall comply with the front setback requirements of the zone classification.

      g.   Height.

         i.   When an ADU is constructed solely through the conversion of an existing building or structure or in the same location and to the same dimensions as an existing structure, no height standards apply.

         ii.   When an ADU is constructed above an existing building or structure, the maximum height requirements of the zone classification shall be in effect.

      h.   Open space. Not applicable.

      i.   Lot coverage. Not applicable.

      j.   Parking.

         i.   No parking is required for the ADU.

         ii.   When an ADU is constructed from the conversion of an existing garage, carport or other covered parking structure, no replacement parking is required for the primary dwelling unit.

      k.   Architectural compatibility. Not applicable.

      l.   Development impact fees. An ADU shall not be considered a new residential unit for purposes of calculating impact fees such as park dwelling or traffic.

      m.   Utilities. An ADU shall not be considered a new residential unit for purposes of calculating connection fees or capacity charges for utilities. No new or separate utility connection between the ADU and the utility shall be required.

      n.   Fire sprinklers. Fire sprinklers shall not be required for an ADU unless they are also required for the primary dwelling unit.

      o.   Subdivision. No subdivision of any kind, including condominiums or cooperatives, shall be permitted between the ADU and the primary dwelling unit, except as provided below.

         i.   The ADU may be sold or conveyed separately from the primary residence to a qualified buyer when the property was developed by a qualified nonprofit corporation, pursuant to Government Code 65852.26.

      p.   Occupancy. The ADU shall not be rented out for less than 31 consecutive calendar days.

      q.   Legalizing. An existing non-conforming or unpermitted dwelling unit may be legalized as an ADU in accordance with Table 15.17.020.A if it meets or can be improved to meet all requirements of Section 15.17.100.C.1, subject to allowances pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code relating to enforcing building code standards. Nothing in this subsection shall be construed as a requirement for the correction of nonconforming zoning conditions as a condition of approval for an ADU.

   2.   Accessory Dwelling Units – New Construction.

      a.   Applicability. The provisions of 15.17.100.C.2 apply to ADUs (1) attached to an existing or proposed dwelling, (2) detached from an existing or proposed dwelling whether or not the ADU is freestanding or attached to a detached accessory structure, or (3) for any construction not covered by 15.17.100.C.1 and 15.17.100.C.3, including but not limited to, the expansion of an existing building or structure by more than 150 sq. ft.