This section regulates the location and design of satellite dishes, antennas, wireless communication systems and their associated equipment.

A.

Exemptions. Common skeletal type radio and television antenna used to receive (not transmit) UHF, VHF, AM and FM signals of off-air broadcasts from radio and television stations, are exempt from the requirements of this chapter. Satellite dishes measuring less than 24 inches in diameter are permitted only in side or rear yard setbacks.

B.

Location. All antennas and their supporting structures shall be located in the rear yard or any side yard, except a street side yard. All ground-mounted antennas shall be required to maintain their supporting structures at least five feet from any property line and ten feet from any other structure. No antenna shall be roof-mounted, unless mounted on a flat roof structure in a commercial or industrial zone with parapets and/or architecturally matching screening plan.

C.

Antenna height. No antenna shall be higher than 30 feet above grade level, except satellite antennas greater than 24 inches in diameter shall not exceed 15 feet in height or eight feet in diameter.

D.

Number. No more than two antennas, monopoles, or satellite dishes may be located within any one residential lot, where such use or structure is allowed, including exempt antennas.

E.

Standards. Antennas shall be installed and maintained in compliance with the requirements of the Building Code. Antenna installers shall obtain a building permit prior to installation and comply with the following regulations.

1.

No advertising material shall be allowed on any antenna.

2.

All electrical wiring associated with any antenna shall be buried underground.

3.

No portion of an antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to the building.

4.

The antenna, including guy wires, supporting structures and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish or reflective.

5.

Every antenna shall be adequately grounded, for protection against a direct strike of lightning, with adequate grounding rods. Grounding rods shall be of the type approved by the latest edition of the Electrical Code for grounding masts and lightning arrestors and shall be installed in a mechanical manner, with as few bends as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arrestors shall be used that are approved as safe by the Underwriter's Laboratories, Inc., and both sides of the line shall be adequately protected with proper arrestors to remove static charges accumulated on the line. When lead-in conductors of polyethylene ribbon-type are used, lightning arrestors shall be installed in each conductor. When coaxial cable or shielded twin lead is used for lead-in suitable protection may be provided without lightning arrestors by grounding the exterior metal sheath.

6.

A wind velocity test shall be required, if deemed necessary by the Building Official.

7.

Ground-mounted satellite dish antennas shall be screened from view, including views from adjacent yards, by landscaping or decorative structures (trellis, arbor, fence, etc.). The satellite dish shall be a single color that blends with its surroundings.

F.

Cellular towers. All cellular towers and antennas are required to be disguised as to blend with the surrounding area and camouflaged. An example of a common disguise would be a tree or flagpole.

G.

Site plan review. All non-exempt antennas shall require a site plan review and approval, in accordance with Section 18.100.030, site plan review, subject to the imposition of reasonable conditions to protect the applicant and the public health and safety. Reasonable conditions shall include, but not be limited to, fencing, color, screening, landscaping, disguising, warning signs, or other like conditions. Any commercial application of antennas, satellite dishes, or cellular towers is subject to approval of a conditional use permit, in accordance with Section 18.100.090, conditional use permit.

H.

Interference. All antennas, satellite dishes, and cellular or any wireless communication systems shall not create any inference with any property in the City or interfere with the City's communication system or the public safety radio system.

(Ord. No. 2024-620, § 2(Att.), 1-8-2025)

A.

Solar access is essential for effectiveness of solar radiation by active and passive solar systems. Solar access protection means protecting southerly roofs, walls and yards of new and existing buildings from shading by adjacent buildings and trees.

B.

Standards. New developments proposing the use of solar energy systems or located adjacent to properties with existing solar energy systems shall obtain a minor use permit as outlined in Section 18.100.050, minor use permit, and shall comply with the following standards:

1.

Developments proposing the use of solar apparatus shall obtain solar easements from adjacent properties. The easement shall give the owner of the solar energy system limited rights over nearby property through a covenant in new developments.

2.

Solar access easements or agreements commit adjoining lot owners to provide solar access to a parcel by precluding fences and vegetation from blocking solar access for the maximum areas of shadow cast between 9:00 a.m. and 3:00 p.m. These agreements are subject to approval by the Community Development Department and recorded as part of the affected properties.

3.

Solar apparatus require approval by the Fire Department, a building permit for conformance to structural design and loading, and an electrical permit or boiler permit if appropriate.

4.

Floor area of solar greenhouse and heat traps count toward maximum lot coverage.

5.

New development near properties with a solar apparatus shall be reviewed to ensure that solar access is not affected.

(Ord. No. 2024-620, § 2(Att.), 1-8-2025)

A.

Utility and infrastructure facilities. The construction, installation, operation and maintenance of infrastructure on a public right-of-way are not subject to the provisions of this Zoning Code, provided that an encroachment permit is obtained from the City prior to commencement of construction activities. Utility structures and equipment that are located on individual lots as a primary or secondary use on the lot are subject to the standards of the underlying zone and the applicable regulations in this Zoning Code.

B.

Underground utilities. The following requirements shall apply to new construction only:

1.

The developer is responsible for utility service connections, in coordination with the utility company.

2.

All electrical distribution lines, telephone, cable television, and similar wires which provide customer services shall be installed underground except for:

a.

Utility poles within six feet of the rear lot line used for terminating underground facilities;

b.

Temporary utilities during construction;

c.

Risers and poles provided by the developer or owner;

d.

Meter boxes, terminal boxes and similar equipment;

e.

Transformers, provided they are located in vaults.

C.

Street improvements.

1.

No new construction, renovation or expansion shall be approved until half of the street along the entire lot frontage is dedicated and improved according to City standards. For development on a portion of a lot, dedication and improvement shall apply only to abutting streets of that portion of the lot. A bond may be placed in lieu of improvements until the Community Development Director deems it practical to construct the improvements.

2.

The maximum area to be required for dedication shall not exceed 25 percent of the total lot area.

3.

Additional street improvements shall not be required when the abutting street is already improved in accordance with City standards.

4.

A deed granting an easement for a public street shall be submitted to the City Engineer prior to approval of the permit issued in compliance with this Zoning Code.

5.

Improvements shall include curb and gutter, sidewalks and landscaped parkway.

6.

Dedication shall include corner cutoff area at intersections.

7.

The property owner shall maintain sidewalks and parkways along the property frontage.

(Ord. No. 2024-620, § 2(Att.), 1-8-2025)

A.

Animal keeping. The keeping of animals on a lot shall be for personal use of the residents of the property only, not to include any activities beyond that necessary to continue the residents' personal use. This may include limited breeding and boarding activities of a non-compensatory nature, such as for other family members' personal use.

B.

Household pets.

1.

No more than three dogs and three cats per household plus any unweaned litter from such pets not over six months old, parrots, canaries, and other house birds of a similar nature shall be allowed. In addition, no more than five animals may be kept as household pets, including but not limited to the following: rabbits, hamsters, guinea pigs, white rats, white mice, turtles, salamanders, newts, chinchillas, hawks, marmoset monkeys, squirrel monkeys, chipmunks, chameleons, kangaroo rats, no more than three non-poisonous reptiles less than six feet long, toads, lizards, spiders, or other animals of a similar nature as determined by the Community Development Director. Such animals shall be kept in a way so as not to create a threat to the health, safety and welfare of the residents of the household or the general public.

2.

The following animals are prohibited in all zones: chickens, roosters or any poisonous or dangerous animals.

3.

Any animal that causes excessive noise, odor or other disturbing elements detrimental to the use of surrounding property shall not be permitted in any zone.

(Ord. No. 2024-620, § 2(Att.), 1-8-2025)

The purpose of this section is to regulate the number, size, height, and placement of signs within the City. These regulations intend to encourage quality design for signs, so as to create an attractive and harmonious community and business environment, while providing businesses with the adequate means to advertise their products and/or services.

A.

General requirements.

1.

All new permanent signs require sign permits, unless specifically exempt under subsection B. below. The Community Development Director shall issue all permits for the construction, alteration, and erection of signs in accordance with the provisions of this section and relevant chapters and titles of the Hawaiian Gardens Municipal Code.

2.

All signs shall conform to Chapter 15.04 of the Hawaiian Gardens Municipal Code and, where appropriate, shall conform to the current National Electrical Code and the National Electrical Safety Code.

3.

It shall be unlawful for any person to erect, re-erect, construct, enlarge, display, change copy, alter or move a sign, or cause the same to be done, without first obtaining a permit for each sign from the Community Development Director. This shall not be construed to require an additional permit for the change of copy for a changeable copy sign provided that the structure and sign comply with the provisions of this title.

4.

A permit shall be required for signs installed simultaneously on a single supporting structure. Thereafter, each additional sign(s) erected on the structure shall have a separate permit.

5.

All elements of a sign (sign face, supports, poles, and lights) shall be maintained in good and safe structural condition, including the replacement of missing or defective parts, painting, repainting, cleaning, or other acts required for maintenance of the sign. This shall not be construed to require an additional permit to repaint, clean, or otherwise perform normal maintenance or repair of a permitted sign or sign structure.

6.

The Community Development Director shall have the authority to classify an existing sign or one proposed for erection, in accordance with the provision of this section. Any sign that does not clearly fall within one classification shall be placed in a classification which the sign, in view of its design, location and purpose, most nearly approximates.

B.

Exempt signs. The following signs do not require a permit for installation. All other provisions of this chapter apply.

1.

Temporary political signs (subject to Chapter 5.90, political signs, of the Hawaiian Gardens Municipal Code);

2.

Legal notices, identification, traffic, or other signs erected or required by governmental authority under any law, statute or ordinance;

3.

Seasonal holiday decorations, not including any form of advertising or the name of a business and provided they are removed following the close of the holiday period;

4.

Parking lot painting of handicap symbols, striping, numbers, and notations of compact spaces;

5.

Signs on product dispensers permitted outside of a business. These signs may include signs on gas pumps;

6.

Professional nameplates not exceeding two square feet in area;

7.

Plaques, tablets or inscriptions indicating the name of a building, date of erection, or other commemorative information, that are an integral part of the building structure or are attached flat to the face of the building, that are non-illuminated, and that do not exceed four square feet in surface area;

8.

Signs of the State, City or public service companies indicating danger, aids to service or safety, traffic control or traffic direction signs or signs identifying programs such as the Adopt-A-Road Litter Control Program, etc.;

9.

Address numbers or signs depicting a family name, such as "Smith's Residence";

10.

Signs on structures or improvements intended for a separate use, such as phone booths, charitable donation containers, and recycling boxes;

11.

Building addresses with numbers and letters not more than ten inches in height;

12.

Signs not oriented toward or intended to be legible from a right-of-way, other property, or from the air. Examples may include signs identifying rules for a swimming pool, signs identifying restroom facilities, and tow-away signs;

13.

Directional and parking lot signs with a maximum area of two square feet and maximum height of four feet, limited to one sign per driveway;

14.

Signs affected by stipulated judgments to which the City is a party, entered by courts of competent jurisdiction;

15.

Flags and commercial flags no larger than 24 square feet each and not exceeding three in number;

16.

Locally designated historic signs;

17.

Real estate signs, if less than 12 square feet in area within residential zones and 16 square feet within nonresidential zones and a maximum of two signs per lot;

18.

Incidental signs such as credit card, trading stamp, trade association, service station, or similar signs not exceeding one square foot;

19.

Banners and signs for City-sponsored events, holidays, and other special occasions.

C.

Prohibited signs. The following signs shall not be permitted in any zone:

1.

Signs that pose a hazard to public health or safety, as determined by the Uniform Building Code;

2.

Signs that make use of words such as "Stop," "Look," "One-Way," "Danger," "Yield," "Slow, Children At Play," "Detour," "Road Construction," or any similar word, phrase, symbol, or light so as to interfere or be confused with pedestrian or vehicular public safety signs as identified in the American Association of State Highway and Transportation Officials (AASHTO) Manual;

3.

Signs displaying obscenity, as per Chapter 5.44 of the Hawaiian Gardens Municipal Code;

4.

Signs that obstruct ingress or egress from fire escapes, doors, windows, or other exits or entrances;

5.

Signs attached to or placed on any stationary vehicle or trailer, whether operational or not, so as to be visible from a public right-of-way for the purpose of providing advertisement of services or products or for the purpose of directing people to a business. Signs which are painted or attached to vehicles shall be incidental to the vehicle's primary purpose of transporting people or goods on the public right-of-way and the vehicle may not be used for primarily advertising purposes. Signs on vehicles may not include arrows or other directional devices, the purpose of which is to direct those who observe such signs to a particular place of business. This provision shall not apply to the identification of a firm or its principal products on operable vehicles operating in the normal course of business. Public transit buses and licensed taxis are exempt from this restriction;

6.

Off-premises signs;

7.

Rotating and revolving signs;

8.

Animated signs;

9.

Flashing lights, flashing signs or signs containing strobe lights that are visible beyond the property line;

10.

Abandoned signs;

11.

Roof-mounted signs;

12.

Permanent signs on undeveloped sites, except for subdivision signs;

13.

Outdoor, portable electric signs;

14.

Mobile readerboard signs except as a temporary sign in accordance with subsection J. below;

15.

Signs on utility, traffic and light poles;

16.

Signs on the sign posts of traffic advisory signs such as "curve ahead," "crosswalk," or "road narrows";

17.

Grand opening displays and other displays of a carnival nature including: blinking or flashing lights, balloons, searchlights, flares, clusters of flags, strings of twirlers or propellers and seasonal decorations except as permitted as a temporary sign in accordance with subsection J. below;

18.

Banners, except as approved as temporary signs in accordance with subsection J. below;

19.

Balloons, except as approved as temporary signs in accordance with subsection J. below;

20.

Changing message center signs, where the message changes more frequently than every five seconds, except for the display of time and temperature;

21.

Signs connected to visible overhead power lines;

22.

Signs with bare light bulbs of over 15 watts that are visible from the front of the sign or from beyond the property line;

23.

Any other type or kind of sign that does not comply with the terms, conditions, provisions, and intent contained in this section and other applicable City ordinances;

24.

Signs painted directly on any surface or building structure;

25.

Signs that project more than 12 inches from a wall;

26.

Signs that cover more than 25 percent of a window;

27.

Signs mounted on raceways;

28.

Signs in residential zones identified in Chapter 18.40, with the exception of the RIH zone;

29.

A-board signs and sandwich board signs;

30.

Billboard signs.

D.

Sign standards. The standards below apply to any advertising display or sign which is maintained, erected, constructed, posted, painted, printed, tacked, nailed, glued, stuck, carved, fastened or affixed to the ground, tree, bush, rock, fence, posts, wall, building, structure or thing or making a sign visible.

1.

Premises identification.

a.

All buildings, including residential structures, shall be identified by street address numbers. All street addresses shall be in English lettering and numbering.

b.

Business names shall be provided and clearly visible from the adjacent public right-of-way. These signs shall use the Roman alphabet or provide alternate identification in English.

2.

Sign design.

a.

Sign colors and materials should be selected to be compatible with the existing or proposed building design and should contribute to legibility and design integrity. Except for temporary signs, sign materials shall consist of materials which can withstand natural elements over time. These do not include paper, cardboard, or fabric.

b.

Lettering shall be restricted to the sign area, with no projections above or below the sign area.

c.

All exterior signs shall be permanently affixed to a building or permitted sign support and shall not be portable in nature, unless specifically permitted as part of a temporary sign.

d.

No sign shall be constructed so that any bare light bulb over 15 watts is visible from the sign or from beyond the property line.

e.

No sign shall be constructed so that electrical channels, cabinets, boxes, raceways, wires, and similar items are exposed to view. Signs with electrical raceways that are designed to be an integral part of the overall sign design and where the raceways are not visually prominent may be allowed subject to the approval of the Community Development Director.

3.

Sign location.

a.

All signs shall be erected on the premises or property occupied by the person or business identified by the sign.

b.

Freestanding signs shall be located in a landscaped area or planter base.

c.

No freestanding sign shall be located within 100 feet of another freestanding sign on the same premises.

d.

Signs shall not be located where it may obstruct the use of a door, window or fire escape of any building or free passage over any public right-of-way.

e.

Signs located on awnings shall only be placed on the valance portion of the awning. Signs shall not be placed on the shed portion of the awning.

4.

Sign lighting.

a.

No illuminated signs are allowed in residential zones.

b.

Lighting for signs shall not result in glare being directed toward surrounding properties.

c.

Exterior lighting directed at a sign shall be shielded to ensure that light is projected only upon the sign.

d.

No sign shall be connected to a power line.

e.

Internally illuminated cabinet-type signs with translucent panels are not allowed in the C-2 (downtown commercial) zone. Internally illuminated signs may be used if the panels are opaque so that only the sign's lettering and logo appear as illuminated.

5.

Placement within right-of-way.

a.

No sign shall be placed on public property or within any public right-of-way, without specific written permission from the City.

b.

Traffic control, open house signs, and real estate directional arrow signs may be placed in the right-of-way but outside of median strips, public sidewalks, and vehicular and bicycle lanes. They may not block driveways or be affixed to utility poles, trees, or traffic signs, and shall not block vision clearance areas.

6.

Sign maintenance. Every sign shall be properly maintained and kept in good repair.

a.

Signs, sign frames, and sign supports shall be kept clean, neatly painted and free from rust, corrosion, and graffiti.

b.

Defective parts shall be replaced and cracks, broken surfaces, malfunctioning lights, missing sign copy or other unmaintained or damaged portions of a sign shall be repaired or replaced within 30 calendar days following notification by the City.

c.

Upon closure of a business or vacation of premises, all applicable signs shall be removed within one month. Canister sign frames may be left with a blank face, provided internal lighting and mounting are not visible from the public right-of-way or the underlying façade surface shall be patched and repainted to match the building façade. Upon the removal of any wall sign, the building façade shall be repaired and repainted to match existing façade in one uniform color.

7.

Vehicle area clearances. When a sign extends over a private area where vehicles travel or are parked, the bottom of the sign structure shall be at least 14 feet above the ground. Vehicle areas include driveways, alleys, parking areas, and loading and maneuvering areas. Exceptions are prohibited.

8.

Pedestrian area clearances. When a sign extends over a walkway or other space accessible to pedestrians, the bottom of the sign structure shall be at least eight feet above the ground. Exceptions are prohibited.

9.

Fence. No sign shall be used as a fence nor shall any fence be used as a sign nor shall any sign be attached to a fence.

10.

Sound. No public address system or sound devices shall be used in conjunction with any sign or advertising device.

11.

Signs on residential lots. Signs on residential lots shall be limited to address, building identification, sales and rental of property, public information, and temporary political campaign signs, including exempt signs in subsection B. of this section.

E.

Pole signs. The following standards shall regulate pole signs:

F.

Monument signs. The following standards shall regulate monument signs. Monument signs may be provided in lieu of pole signs unless in compliance with the following:

G.

Signs attached to buildings. Awning, fascia, graphic, marquee, and wall signs are permitted signs for attachment to buildings. Signs attached to buildings are permitted on wall elevations that are viewable from public rights-of-way or on wall elevations containing public entrances to the building.

H.

Directional signs. The following standards shall regulate directional signs:

I.

Window signs. The following standards shall regulate window signs:

J.

Temporary signs. The following standards shall regulate temporary signs:

1.

A temporary sign permit shall be obtained from the Community Development Director, as outlined in Section 18.100.080, temporary use permit, of this Zoning Code, prior to the installation of any temporary sign.

2.

Temporary signs are not allowed for ongoing advertising of products or services or for the naming of a business in lieu of a permitted permanent sign.

3.

No flashing temporary signs of any type shall be permitted. However, internally illuminated signs, such as portable reader boards, shall be permitted provided that they conform to the current National Electrical Code and the National Electrical Safety Code.

4.

All temporary signs shall be securely fastened and positioned in place so as not to constitute a hazard to pedestrians or motorists.

5.

No temporary sign shall project over or into a public right-of-way or public property, except for properly authorized banners over streets installed by the City of Hawaiian Gardens.

6.

The duration of display for the following temporary signs shall be as follows:

7.

Unless specifically stated in the sign permit, the duration of display of all other temporary signs shall not exceed 90 days during any 12-month period.

8.

Temporary banners, flags and pennants shall be kept in good condition while on display or they shall be removed from the premises.

9.

Temporary signs shall be removed within three days after its use or permitted use, whichever is earlier.

K.

Signs requiring conditional use permits. A conditional use permit is required for the following signs:

1.

Master sign program.

2.

Signs not regulated pursuant to subsections 18.90.050(B) through (J) of this chapter.

3.

Murals or graphic designs.

4.

Electronic reader boards.

5.

Marquee signs.

6.

Signs in new shopping centers to be approved under one master sign program.

7.

Hot air balloons, inflatable statuaries and similar three-dimensional airborne structures.

8.

Restaurant drive-through menu boards.

L.

Nonconforming signs. A sign which exists prior to the adoption of these zoning regulations but which fails to conform to the provisions of this section shall be considered nonconforming, and subject to the provisions of Section 18.100.130, nonconforming structures and uses.

M.

Removal of signs.

1.

Dangerous signs. All signs and sign structures which do not meet the structural requirements specified in the Uniform Building Code, which as a consequence are a hazard to life and property, or which by its condition or location present an immediate and serious danger to the public or create a traffic hazard, shall be discontinued or corrected to conform within the time the Community Development Director may specify.

a.

If any sign is found to be insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is fastened to repair or remove the sign within five working days after receiving notification from the City.

b.

For damaged signs, it shall be the duty of the owner and/or occupant to repair or remove the sign within 15 days.

c.

In the event the owner of such sign cannot be found or refuses to comply with the order to remove, the Building Official may have the dangerous sign removed. The cost of removing the sign plus administrative costs will be charged to the property owner.

2.

Abandoned nonconforming signs. Any person who owns or leases a nonconforming sign shall remove such sign when the sign has been abandoned, under the following conditions:

a.

The property owner shall be responsible for removing signs within five days after vacation of the site by the tenant.

b.

If the person who owns or leases such sign fails to remove it as provided in this section, the Building Official shall give the owner of the building, structure, or premises upon which such sign is located, 30 days written notice to remove it.

c.

If the sign has not been removed at the expiration of the 30-day notice, the Building Official may remove such sign at cost to the owner of the building, structure, or premises.

d.

Costs incurred by the City of Hawaiian Gardens due to removal, shall be made a lien against the land or premises on which such sign is located, after notice and hearing, and shall be collected or foreclosed in the same manner as liens otherwise entered in the liens docket of the City.

3.

Nonconforming signs. Removal of other nonconforming signs are subject to Section 18.100.130, nonconforming uses and structures, of this Zoning Code.

(Ord. No. 2024-620, § 2(Att.), 1-8-2025)

A.

Purpose. The purposes of this section are to provide a balance of rental and ownership housing within the City and a variety of choices in tenure, type, price, and location of housing and to provide a means of achieving a stable and desirable environment for condominium uses. The standards in this chapter also seek to prevent potentially deleterious effects due to poor design, mismanagement, and neglect of condominium projects.

B.

Permitted use. Condominiums are allowed in certain zones in the City, as outlined in Section 18.40.070, uses permitted in residential zones, and Section 18.60.050, uses permitted in non-residential zones.

C.

Site plan review. Condominiums require administrative approval, as outlined in Section 18.100.040, administrative review and approval, of this Zoning Code.

D.

Alterations. Except for interior modifications and incidental maintenance, no structural or architectural alterations shall be made to a condominium or its common areas, unless site plan review and approval from the Community Development Director is obtained.

E.

Applications. Applications for condominium projects or alterations shall follow the procedures outlined in Section 18.100.020, administrative procedures. In addition to the required drawings and information, the applicant shall provide the following:

1.

Typical detailed sections of the type of wall and floor and ceiling construction that will be used in both common and interior partition walls within the project, with the sound transmission class and impact insulation class of the proposed type of construction.

2.

The proposed condominium documents, including the declaration of covenants, conditions, and restrictions.

3.

The description of the project elements and tentative condominium plans that would apply to the conveyance of the units, assignment of parking and management of common areas.

4.

Any other information that the Community Development Department determines is necessary to evaluate the proposed project.

F.

Development standards. Condominium projects shall comply with the regulations outlined in Chapter 18.40, residential zones, and Chapter 18.50, residential regulations, and the following development standards. Where the standards below conflict with those in Chapter 18.50 of this Zoning Code, the more restrictive standard shall apply.

1.

Minimum lot size shall be 7,500 square feet and maximum density shall be regulated as allowed under the lot's zone designation.

2.

Building height shall not exceed 36 feet.

3.

Minimum floor area for dwelling units shall be as follows:

a.

One bedroom - 750 square feet.

b.

Two bedroom - 950 square feet.

c.

Three bedroom - 1,200 square feet.

d.

Over three bedrooms - 150 square feet for each additional bedroom.

e.

Floor area excludes garages, open entries, porches, patios, or basements.

4.

Maximum allowable floor area per unit shall be 1,500 square feet.

5.

Each unit shall be provided with a laundry area.

6.

A utility area for maintenance tools shall be provided at five square feet per unit and no less than 75 square feet in total floor area.

7.

Minimum distance between buildings shall be ten feet, but where the open space between buildings is provided with an exit or entry, the minimum distance shall be 15 feet.

8.

Buildings facing each other front to front shall have a minimum distance of 25 feet, except buildings facing each other and arranged around an interior court with a driveway shall have a minimum distance of 35 feet.

9.

The front yard setback of the parcel shall be at least five feet in depth.

10.

The side yard setback shall be five feet.

11.

The rear yard setback shall be at least five feet in depth.

12.

A six-foot high masonry wall shall be provided along the rear and side lot lines.

13.

Accessory buildings and garages may be constructed in the rear yard. If a building wall abuts the rear lot line, there shall be no opening in the wall; the wall shall be constructed of one-hour fire resistance materials and all roof drainage shall be directed into the property.

14.

At least 350 square feet of open space per unit shall be provided. This includes 250 square feet of common useable open space to be provided for each dwelling unit, exclusive of front, rear, and side yards, parking areas and driveways. At least 100 square feet of private useable open space shall be immediately accessible to the dwelling unit and shall have a minimum dimension of six feet. Useable open space shall include balconies, roof decks, patios, swimming pools, open cabanas, children's playgrounds and recreation rooms. Useable open space shall not include parking areas, driveways, loading zones, storage areas, and areas not accessible to the residents. In addition, at least 100 square feet per unit shall be provided as landscaped passive open space, consisting of landscaped yard setbacks, planter areas, berms, and other planted areas.

15.

Open areas not covered by concrete, asphalt, or buildings shall be landscaped with plant materials and provided and maintained with an adequate irrigation system. Yards for games may be surfaced with AC paving or concrete.

16.

No parking spaces shall be allowed in the front yard setback. Parking and loading requirements for condominiums shall follow those for multi-family residential uses, as outlined in Section 18.50.010, parking and loading requirements.

17.

Insulation of vibration and noise shall be provided in units having common walls and/or floor ceilings through the following:

a.

All permanent mechanical equipment such as motors, compressors, pumps, and compactors which may be a source of vibration or structure-borne noise, shall be shock-mounted with inertia blocks or bases and/or vibration isolators, as approved by the Building Official.

b.

Appliances which are cabinet installed or built into individual units, such as clothes washers, dryers and other appliances which may be a source of vibration or structure-borne noise shall be isolated from cabinets and the floor or ceiling by resilient gaskets and vibration mounts, as approved by the Building Official.

c.

Cabinets which are installed shall be offset from the back wall with strip gasketing of felt, cork or similar material, as approved by the Building Official.

d.

Where appliances utilize water, flexible connectors shall be installed on all water lines.

e.

If provisions are made within the units for the installation of non-permanent appliances, such as clothes washers and dryers, permanent rubber mounting bases and surface plates shall be installed, as approved by the Building Official.

f.

No plumbing fixtures shall be located on a common wall between two separate units where it would back up to a living room, family room, dining room, den, or bedroom of an adjoining unit. Where practical, plumbing fixtures shall be located on interior walls within the unit or the exterior walls of the development.

g.

No common water supply lines, vents or drain lines shall be permitted for contiguous units unless there is at least eight and one-half feet of pipe between the closest plumbing fixtures within the separate units.

h.

All water supply lines within the project shall be isolated from wood or metal framing with pipe isolators, as approved by the Building Official.

i.

For multi-story projects, all vertical drain pipes shall be surrounded by three-fourth-inch thick dense insulation board or full, thick fiberglass or wool blanket insulation along its entire length, excluding sections that pass through wood or metal framing.

j.

The Building Official may approve other methods of isolation of sound transmission through plumbing lines where their effectiveness can be demonstrated.

18.

Condominium projects shall comply with other applicable regulations in this chapter.

G.

Condominium conversions. The mix of individual ownership of separate dwelling units within traditional apartment type structures together with ownership in common areas creates special problems impacting the public health, safety and welfare, which are magnified by the conversion of existing multi-family rental housing structures to residential condominiums, community apartment projects or stock cooperatives. To mitigate foreseeable problems, the City considers converted condominiums, community apartment projects and stock cooperatives differently from other multi-family dwelling projects, and establishes rules and standards regulating converted condominiums, community apartment projects or stock cooperatives in the City.

1.

The regulations for condominium conversions seek to accomplish the following objectives:

a.

To prevent a substantial decline in the amount of multi-family rental housing within the City and thereby retain an adequate supply of rental housing to serve the housing needs of the community;

b.

To facilitate home ownership by recognizing that condominium conversions can help meet the demand for affordable housing;

c.

To ensure that tenants have been afforded adequate notification of possible conversions;

d.

To mitigate any hardship to tenants caused by their displacement; and

e.

To protect prospective condominium purchasers by setting standards for the physical condition of the units and the common areas.

2.

Applicability.

a.

The provisions below shall apply to conversions of rental housing to condominiums, community apartments, or stock cooperatives, notwithstanding any other provision of this Zoning Code. Except as otherwise provided, condominium conversions shall occur only in accordance with the procedures established by this section. This section does not apply to the creation by new construction of condominiums, community apartment projects, or stock cooperatives, as regulated by the standards above.

b.

If a proposed condominium conversion project has dwelling units in excess of the allowable density or cannot meet all development standards for condominiums, at least 33 percent of the units may be reserved for low and moderate income households and the project allowed under Section 18.90.070, density bonus, and this section, provided all other applicable regulations are met.

3.

Development standards. Condominium conversions shall comply with the applicable development standards and requirements of the zone in which it is located and the applicable provisions of the Subdivision Code. In addition, the following standards shall be complied with:

a.

Meters and control valves. Gas and electricity shall be separately metered for each unit.

b.

Laundry facilities. Each unit shall be plumbed and wired for laundry facilities.

c.

Smoke detectors. Each unit shall be provided with approved smoke detectors.

d.

Condition of equipment and appliance within units. The applicant shall supply a written certification to the buyer of each unit on the initial sale of the converted unit to the effect that every dishwasher, garbage disposal, stove, refrigerator, hot water tank, air conditioner, and other equipment and appliances included within the unit are in good working condition.

e.

Fire walls. Fire walls shall meet existing Building Code standards for the type of housing occupancy for which the buildings were originally constructed.

4.

Comparative standards. In cases where there are condominium conversion applications pending for more units than would be permitted under the applicable zone, the City may weigh applications by additional development standards such as:

a.

Sound impact insulation. Projects with sound impact insulation in accordance with current City standards shall have preference.

b.

Location of project. The location of the project relative to the housing needs of the community and the promotion of infill growth.

c.

Storage space. Additional private storage space per unit, not including customary closets and cupboards.

d.

Miscellaneous. Adequacy of site, additional parking, common area facilities, energy conservation features, availability of and market demand for both rental and ownership units, and similar considerations.

5.

Tenant and buyer protection.

a.

Tenant notification. At least 60 days prior to filing of an application for conversion of rental or lease property, the applicant shall give notice of such filing in the form set forth in Section 66452.9 of the State Subdivision Map Act to each tenant of the subject property. Further, if the conversion is approved, the applicant shall give tenants a minimum of 180 days advance notice of the termination of their tenancy.

b.

Tenant release. The filing of a tentative map and/or application for a condominium conversion, and notice to the tenants thereof, shall operate to release any tenant desiring to move before the expiration of his or her lease from any durational requirements other than 30 days written notice to the landlord.

c.

Prospective tenants. Any person who rents or leases a unit at least 60 days prior to filing of the conversion application or later, shall be informed in writing at the outset of his or her tenancy of the proposed conversion of the project and the fact that he or she is not eligible for the tenant protections provided by this chapter for "existing tenants."

d.

Use of common facilities. Existing tenants shall retain all privileges relating to the use of the pools, jacuzzis, saunas, laundry facilities, and other common facilities, in accordance with the terms of their existing leases or rental agreements.

e.

Unjust eviction. Existing tenants shall not be subject to unjust eviction, for other than one or more of the following reasons:

i.

The tenant has failed to pay the rent to which the landlord is entitled.

ii.

The tenant has violated an obligation or covenant of the tenancy other than the obligation to surrender possession upon proper notice and has failed to cure such violation after receiving written notice thereof from the landlord.

iii.

The tenant is committing or permitting to exist a nuisance in or is causing damage to the rental unit or to the appurtenance thereof, or to the common areas of the property containing the rental unit, or is creating an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents of the same or any adjacent building.

iv.

The tenant is using or permitting a rental unit to be used for any illegal purpose.

f.

Unreasonable rent increase. Existing tenants shall not be subject to increases in rent that substantially exceed the Urban Consumers Housing Component of the Consumer Price Index on an annualized basis for this region, and which cannot otherwise be justified by costs of physical improvements to the building or site, repairs for damage, taxes, or other expenses attributable to the operation of the building or by changes in the market demand for rental housing.

g.

Tenant purchase option. Existing tenants of the proposed condominium conversion project shall be given preemptive right to purchase a unit or a right of exclusive occupancy upon more favorable terms and conditions than those on which such unit or share will be initially offered to the general public. This exclusive right to purchase shall run for a period of not less than 90 days from the date of the issuance of the Department of Real Estate public report, or approval of a condominium conversion conditional use permit (CUP)under this Zoning Code, whichever is later.

h.

Pest report. Prior to the signing of any binding agreement for purchase, a structural pest report shall be made available to the prospective purchaser.

i.

Cooling off period. Any tenant or other prospective buyer who signs a binding agreement for purchase shall be released without penalty from that obligation if, within 72 hours, the buyer notifies the seller in writing of his or her desire to rescind the agreement.

6.

Application procedure. Condominium conversions shall require approval of a conditional use permit in accordance with Section 18.100.090, conditional use permit, of this Zoning Code and approval of tentative and final subdivision maps.

a.

No condominium conversion shall be permitted in the City unless a CUP has been applied for and granted pursuant to this Zoning Code and tentative and final subdivision maps approved pursuant to local ordinances and State law. The necessary tentative map shall accompany the application for the CUP.

b.

No application for a condominium conversion shall be accepted for any project consisting of fewer than 12 contiguous units planned as a single project and constructed within six months of each other.

c.

This section shall not apply to the conversion of any residential project for which conversion and approved tentative map exists on the effective date of the ordinance codified in this chapter, unless said map should later expire.

7.

Application requirements.

a.

An application for a condominium conversion CUP shall be filed with the Community Development Director on a prescribed form and shall include the necessary plans and other required information.

b.

An engineering report on the general conditions of all structural, electrical, plumbing and mechanical elements of the existing development, including noise insulation, shall be submitted. The applicant shall also submit a report setting forth all repairs and replacements necessary, if any, to immediately place the buildings in substantial compliance with the current California Construction Codes. The report shall be completed to the satisfaction of the Director and made available to prospective buyers if the conversion is approved.

c.

A complete mailing list of all tenants occupying the property and two sets of stamped addressed envelopes. Within ten days of application, the Director will notify each tenant and forward a copy of the engineering report and the list of procedures to be followed.

d.

Each application for conversion shall include evidence to the satisfaction of the Director that the notification requirements outlined above have been or will be satisfied.

e.

A survey of existing tenants as to their length of occupancy and the number of tenants who have expressed the intention of purchasing one of the units.

f.

A relocation plan which identifies the steps which will be taken to ensure the successful relocation of each tenant if the conversion is completed. The plan shall include the specific relocation assistance to be given, such as costs relating to physically moving tenants and their possessions, first month's rent in the tenant's new unit, security and cleaning deposits, phone connections and utility deposits.

g.

The provision of affordable dwelling units in connection with the condominium conversion shall be governed by the provisions of this section and of Section 18.90.070, density bonus.

8.

Required findings. The Planning Commission shall not approve any condominium conversion project without the following affirmative findings:

a.

The proposed conversion will not result in a major displacement of existing tenants unable to find comparable housing, and the location of the conversion project and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare.

b.

The proposed conversion complies with the development standards set forth in this section.

c.

The project complies with all applicable local subdivision and zoning ordinances, and the State Subdivision Map Act.

d.

Any pattern of unjust evictions, or any unreasonable rent increase or pattern of unreasonable rent increases in the proposed project within 18 months prior to application for a condominium conversion CUP may be grounds for denial of the application.

(Ord. No. 2024-620, § 2(Att.), 1-8-2025)

A.

Purpose. The purpose of this section is to allow density bonuses and other affordable housing incentives to qualifying projects in accordance with State law.

B.

Density bonus and affordable housing incentives. The density bonuses and other affordable housing incentives required by State law, including, but not limited to, Government Code Section 65915 et seq., shall be available to applicants on the terms and conditions specified in State law.

(Ord. No. 2024-620, § 2(Att.), 1-8-2025)

A.

General.

1.

Purpose. The purpose of this section is to allow for the creation, through a ministerial process, of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in accordance with Chapter 13 of Division 1 of Title 7 of the California Government Code. Facilitating the development of ADUs and JADUs will increase the housing options for family members, seniors, low-wage workers, persons with disabilities, students, and others in the community.

2.

Applicability. Any construction, establishment, alteration, enlargement, or modification of an ADU or JADU approved under this section shall comply with the requirements of this section and the City's Building Code.

3.

Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:

a.

Deemed to be inconsistent with the City's General Plan and zoning designation for the lot on which the ADU or JADU is located.

b.

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

c.

Considered in the application of any local ordinance, policy, or program to limit residential growth.

d.

Required to correct a nonconforming zoning condition, as defined in subsection B below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

B.

Definitions. For purposes of this section:

Accessory dwelling unit or ADU means attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code and a manufactured home as defined in Section 18007 of the Health and Safety Code.

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

Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

Efficiency kitchen means a kitchen that includes all of the following:

1.

A cooking facility with appliances.

2.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

Junior accessory dwelling unit or JADU means a residential unit that meets all of the following requirements: (i) it is no more than 500 square feet in size; (ii) it is contained entirely within an existing or proposed single-family structure (an enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure); (iii) it includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; (iv) if the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and; (v) it includes an efficiency kitchen, as defined above.

Livable space means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

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

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

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

Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

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

C.

Approvals. The following approvals apply to ADUs and JADUs under this section:

1.

Building permit only. If an ADU or JADU complies with each of the general requirements in subsection D below, it is allowed with only a building permit in the following scenarios:

a.

Converted on single-family lot. One ADU as described in this subsection and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

i.

Is either within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

ii.

Has exterior access that is independent of that for the single-family dwelling; and

iii.

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

iv.

The JADU complies with the requirements of Government Code sections 66333 through 66339.

b.

Limited detached on single-family lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection C.1.a above), if the detached ADU satisfies each of the following limitations:

i.

The side- and rear-yard setbacks are at least four-feet.

ii.

The total floor area is 800 square feet or smaller.

iii.

The peak height above grade does not exceed the applicable height limit in subsection D.2 below.

c.

Converted on multifamily lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with State building standards for dwellings. Under this subsection C.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

d.

Limited detached on multifamily lot. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following limitations:

i.

The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.

ii.

The peak height above grade does not exceed the applicable height limit provided in subsection D.2 below.

iii.

If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

2.

ADU permit.

a.

Except as allowed under subsection C.1 above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections D and E below.

b.

The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU permit processing fee is determined by the Community Development Director and approved by the City Council by resolution.

3.

Process and timing.

a.

An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

b.

The City must either approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

i.

The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or

ii.

When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

c.

If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection C.3.b above.

d.

A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

D.

Standards applicable to all ADUs and JADUs. The following requirements apply to all ADUs and JADUs that are approved under subsections C.1 or C.2 above:

1.

Zoning.

a.

An ADU subject only to a building permit under subsection C.1 above may be created on a lot in a residential or mixed-use zone.

b.

An ADU subject to an ADU permit under subsection C.2 above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

c.

In accordance with Government Code Section 66333(a), a JADU may only be created on a lot that is zoned to allow single-family residences.

2.

Height.

a.

Except as otherwise provided by subsections D.2.b and D.2.c below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.

b.

A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

c.

A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

d.

An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection D.2.d may not exceed two stories.

e.

For purposes of this subsection D.2, height is measured above existing legal grade to the peak of the structure.

3.

Fire sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4.

Rental term. No ADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU was created.

5.

No separate conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

6.

JADU Owner occupancy. As required by State law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. Notwithstanding the foregoing, this owner-occupancy requirement does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

7.

Deed restriction. A deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Community Development Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that, among other things:

a.

Except as otherwise provided in Government Code Section 66341, the ADU or JADU may not be sold separately from the primary dwelling.

b.

The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

c.

The ADU cannot be rented out for a term less than 30 days.

d.

The deed restriction runs with the land and may be enforced against future property owners.

e.

The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Community Development Director, providing evidence that the ADU or JADU has in fact been eliminated. The Community Development Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal(s) may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

f.

The deed restriction is enforceable by the Community Development Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restriction(s) or abatement of the illegal unit.

8.

Building and safety.

a.

Subject to subsection D.8.b below, all ADUs and JADUs must comply with all local Building Code requirements.

b.

Construction of an ADU does not constitute a Group R occupancy change under the local Building Code, as described in Section 310 of the California Building Code, unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection D.8.b prevents the City from changing the Occupancy Code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

E.

Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection C.2 above.

1.

Maximum size.

a.

The maximum size of a detached or attached ADU subject to this subsection E is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.

b.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

c.

Application of other development standards in this subsection E., such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection E.1.b above or of an FAR, front setback, lot coverage limit or open-space requirement may require the ADU to be less than 800 square feet.

2.

Floor area ratio. No ADU subject to this subsection E may cause the total FAR of the lot to exceed 45 percent, subject to subsection E.1.c above.

3.

Setbacks.

a.

An ADU that is subject to this subsection E must conform to a 20 foot front-yard setback, subject to subsection E.1.c above (i.e., no application of the front-yard setback requirement may require the ADU to be less than 800 square feet).

b.

An ADU that is subject to this subsection E must conform to four-foot side- and rear-yard setbacks.

c.

No setback is required for an ADU that is subject to this subsection E if the ADU is constructed in the same location and to the same dimensions as an existing structure.

d.

If new construction is an addition to an existing structure, only the addition must comply with the four-foot side or rear setback.

4.

Lot coverage. No ADU subject to this subsection E may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection E.1.c above.

5.

Minimum open space. No ADU subject to this subsection E may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection E.1.c above.

6.

Passageway. No passageway, as defined above, is required for an ADU.

7.

Parking.

a.

Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined above.

b.

Exceptions. No parking under subsection E.7.a is required in the following situations:

i.

The ADU is located within one-half mile walking distance of public transit, as defined above.

ii.

The ADU is located within an architecturally and historically significant historic district.

iii.

The ADU is part of the proposed or existing primary residence or an accessory structure under subsection C.1.a above.

iv.

When on-street parking permits are required but not offered to the occupant of the ADU.

v.

When there is an established car share vehicle stop located within one block of the ADU.

vi.

When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections E.7.b.i through v. above.

c.

No replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

9.

Architectural requirements.

a.

The materials and colors of the exterior walls, roof, windows and doors must be the same as those of the primary dwelling.

b.

The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

c.

The exterior lighting must be limited to down-lights or as otherwise required by the building or Fire Code.

d.

The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

e.

The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet.

f.

No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.

g.

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

10.

Historical protections. An ADU that is within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

F.

Fees. The following requirements apply to all ADUs that are approved under subsections C.1 or C.2 above.

1.

Impact fees.

a.

No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection F.1, "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

b.

Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

2.

Utility fees.

a.

If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

b.

Except as described in subsection F.2.a, converted ADUs on a single-family lot that are created under subsection C.1.a above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

c.

Except as described in subsection F.2.a, all ADUs that are not covered by subsection F.2.b require a new, separate utility connection directly between the ADU and the utility.

i.

The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

ii.

The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

G.

Nonconforming Zoning Code conditions, Building Code violations, and unpermitted structures.

1.

Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, Building Code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2.

Unpermitted ADUs constructed before 2020.

a.

Permit to legalize. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

i.

The ADU or JADU violates applicable building standards, or

ii.

The ADU or JADU does not comply with State ADU law or this Section 18.90.080.

b.

Exceptions.

i.

Notwithstanding subsection G.2.a above, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.

ii.

Subsection G.2.a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

(Ord. No. 2024-620, § 2(Att.), 1-8-2025)