40 - RESIDENTIAL ZONES2
Editor's note— Ord. No. 2024-620, § 2(Att.), adopted January 8, 2025, repealed the former Ch. 18.40, §§ 18.40.005—18.40.070 and enacted a new Ch. 18.40 as set out herein. The former Ch. 18.40 pertained to similar subject matter and derived from Ord. 505 § 2, adopted 2006; Ord. 537 § 1, adopted 2011; Ord. 548 § 3, adopted 2013; Ord. 548 §§ 5—7, adopted 2013; Ord. No. 2021-598U, §§ II, III, adopted December 14, 2021; Ord. No. 2021-599, §§ II, III, adopted December 14, 2021.
Residential zones are designed and intended to provide residents of the City with a comfortable, healthy, safe, and pleasant living environment.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Purpose. The purpose of the single family estate (R-1:10,000) zone is to provide safe, attractive and stable environment for large lot single-family residential development. This designation is intended to promote detached single-family units with adequate area for homes, yards, and accessory uses. The "10,000" suffix refers to the minimum lot size requirement, in square feet, for lots within this zone. The R-1:10,000 zone is consistent with the very low density land use designation of the General Plan.
B.
Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.
C.
Development standards. Development within the R-1:10,000 zone shall comply with the following development standards:
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Purpose. The purpose of the single family residential (R-1) zone is to provide areas for the development of detached single-family units at low densities, to promote the preservation of existing detached single family residential units and to encourage redevelopment of these areas with similar land uses. The R-1 zone is consistent with the low density land use designation of the General Plan.
B.
Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.
C.
Development standards. All development within the R-1 zone, including nonresidential uses shall comply with the following development standards:
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.
B.
Definition. A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
C.
Application.
1.
Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
2.
An application for a two-unit project must be submitted on the City's approved form.
3.
The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.
4.
Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
5.
The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.
D.
Approval.
1.
An application for a two-unit project is approved or denied ministerially, by the Community Development Director.
2.
The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.
3.
The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.
4.
The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.
E.
Requirements. A two-unit project must satisfy each of the following requirements:
1.
Map Act Compliance. The lot must have been legally subdivided.
2.
Zone. The lot is located in the single-family estate or single family residential (R-1:10,000 and R-1) zones.
3.
Lot location.
a.
The lot is not located on a site that is any of the following:
i.
Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
ii.
A wetland.
iii.
Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
iv.
A hazardous waste site that has not been cleared for residential use.
v.
Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection Building Code standards.
vi.
Within a 100-year flood hazard area, unless the site has either:
(A)
Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or
(B)
Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
vii.
Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii.
Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
ix.
Habitat for protected species.
x.
Land under conservation easement.
4.
Not historic. The lot must not be a historic property or within a historic district that is included on the State historic resources inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or county landmark or as a historic property or district.
5.
No impact on protected housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
a.
Housing that is income-restricted for households of moderate, low, or very low income.
b.
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
c.
Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d.
Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
6.
Unit standards.
a.
Quantity.
i.
No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this Code, an ADU, or a JADU.
ii.
A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under State law and the City's ADU ordinance.
b.
Unit size.
i.
The total floor area of the second primary dwelling built that is developed under this section cannot exceed 800 square feet.
c.
Demo cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
d.
Lot coverage. The City's existing lot coverage standards for its single-family estate and single family residential (R-1:10,000 and R-1) zones shall apply to projects subject to the section per the applicable zone based on project location. This lot coverage standard shall apply to the maximum extent feasible so that two primary dwelling units on the lot at 800 square feet are permitted.
e.
Open space. The City's existing open space standards for its single-family estate and single family residential (R-1:10,000 and R-1) zones shall apply to projects subject to the section per the applicable zone based on project location. This open space standard shall apply to the maximum extent feasible so that two primary dwelling units on the lot at 800 square feet are permitted.
f.
Setbacks.
i.
Generally. The City's existing setbacks standards for its single-family estate and single family residential (R-1:10,000 and R-1) zones shall apply to projects subject to the section per the applicable zone based on project location. These setbacks standards shall apply to the maximum extent feasible so that two primary dwelling units on the lot at 800 square feet are permitted.
ii.
Exceptions. Notwithstanding subpart F.6.f above:
(A)
Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(B)
Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
iii.
Front setback area. Notwithstanding any other part of this Code, dwellings that are constructed under this section must be equal to at least ten percent of the depth of the lot; however, the maximum setback shall be ten feet, and the minimum setback shall be five feet. The front setback area must:
(A)
Be kept free from all structures greater than three feet high;
(B)
Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(C)
Allow for vehicular and fire-safety access to the front structure.
g.
Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
i.
The lot is located within one-half mile walking distance of either:
(A)
A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or
(B)
A site that contains:
(I)
An existing rail or bus rapid transit station,
(II)
A ferry terminal served by either a bus or rail transit service, or
(III)
The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
ii.
The site is located within one block of a car-share vehicle location.
h.
Architecture.
i.
If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
ii.
If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
iii.
All exterior lighting must be limited to down-lights.
iv.
No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
i.
Nonconforming conditions. A two-unit project may only be approved if all illegal nonconforming zoning conditions are corrected.
j.
Utilities.
i.
Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
ii.
Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.
k.
Building and safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City's current Code.
l.
Other standards. All other applicable standards of this Code shall apply to the extent these standards do not conflict with this section of State law.
7.
Fire-hazard mitigation measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
a.
It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
b.
All dwellings on the site must comply with current Fire Code requirements for dwellings in a very high fire hazard severity zone.
c.
All enclosed structures on the site must have fire sprinklers.
d.
All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe.
e.
If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
8.
Separate conveyance.
a.
Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b.
Condominium airspace divisions and common interest developments are not permitted within the lot.
c.
All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
9.
Regulation of uses.
a.
Residential-only. No non-residential use is permitted on the lot.
b.
No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.
c.
Owner occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.
10.
Notice of construction.
a.
At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
i.
Notice that construction has been authorized;
ii.
The anticipated start and end dates for construction;
iii.
The hours of construction;
iv.
Contact information for the project manager (for construction-related complaints); and
v.
Contact information for the Building and Safety Department.
b.
This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under State law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
11.
Deed restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following:
a.
Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b.
Expressly prohibits any non-residential use of the lot.
c.
Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d.
If the lot is not created by an urban lot split, expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.
e.
If the lot is created by an urban lot split, then it is subject to the City's urban lot split regulations, including all applicable limits on dwelling size and development and the only development permitted on the lot are two-unit projects subject to this chapter.
F.
Specific adverse impacts.
1.
Notwithstanding anything else in this section, the City may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2.
"Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include:
a.
Inconsistency with the zoning ordinance or general plan land use designation; or
b.
The eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
3.
The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
G.
Remedies. If a two-unit project violates any part of this Code or any other legal requirement:
1.
The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
2.
The City may:
a.
Bring an action to enjoin any attempt to sell, lease, or finance the property.
b.
Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c.
Pursue criminal prosecution, punishable by imprisonment in county jail or State prison for up to one year, by a fine of up to $10,000.00, or both; or a misdemeanor.
d.
Record a notice of violation.
e.
Withhold any or all future permits and approvals.
f.
Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City's Code.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Purpose. The purpose of the medium density residential (R-2) zone is to provide a safe, attractive and stable environment for single-family, duplex, and other medium density multi-family residential uses. This zone is intended to encourage and stabilize existing medium density developments, such as one or two single-family detached units, two-family units, or group homes. The R-2 zone is consistent with the medium density land use designation of the General Plan.
B.
Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.
C.
Development standards. Development within the R-2 zone shall comply with the following development standards:
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Purpose. The purpose of the intermediate density residential (R-3) zone is to provide areas for multi-family residential developments where adequate services, traffic circulation, and the existence of open space and recreation areas are available. These areas are intended to accommodate several detached single-family homes on one lot or small-scale multi-family development projects. The R-3 zone is consistent with the intermediate density land use designation of the General Plan.
B.
Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.
C.
Development standards. All development within the R-3 zone, including nonresidential uses shall comply with the following development standards:
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Purpose. The purpose of the high density residential (R-4) zone is to provide areas for multiple family residential developments where adequate services, traffic circulation, and the existence of open space and recreation areas are available. These are found in areas that provide a transition to non-residential zones and are primarily intended for apartments, condominiums and other high-density multi-family developments. The R-4 zone is consistent with the high density land use designation of the General Plan.
B.
Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.
C.
Development standards. All development within the R-4 zone, including nonresidential uses shall comply with the following development standards:
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Purpose. The purpose of the religious institution housing (RIH) zone is to provide areas for multiple family residential developments on properties developed with church uses. These areas are primarily intended for high density attached dwelling units, including apartments. The RIH zone is consistent with the religious institution housing land use designation of the General Plan.
B.
Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.
C.
Development standards. All development within the RIH zone shall comply with the following development standards:
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Purpose. The purpose of the mobile home park (MHP) zone is to preserve existing mobile home park sites, consistent with the City's goals of accommodating alternative housing types, and to provide supplemental regulations for the operation and maintenance of mobile home parks.
B.
Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.
C.
Development standards. Construction of mobile homes and mobile home parks are subject to the California Code of Regulations, Title 25, Division 1 and operation of a mobile home park is subject to the California Civil Code Section 798 (Mobilehome Residency Law) and the California Health and Safety Code Section 18000 (Mobilehomes-Manufactured Housing Act of 1980). In addition, development within the MHP zone in the City shall comply with the following development standards:
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Uses and structures permitted. The table of permitted uses, below, lists the specific uses and structures which are permitted within each residential zone. No use is permitted in a parcel in any zone unless it is in full compliance with applicable standards and regulations, as contained in this Zoning Code. The letters in the columns beneath the zone designations mean the following:
1.
P - Permitted as a principal use within the zone.
2.
C - Permitted as a principal or accessory use if a conditional use permit is approved.
3.
M - Permitted as a principal or accessory use if a minor use permit is approved.
4.
H - Permitted as a home occupation only with an approved home occupation permit.
5.
T - Permitted as a temporary use with an approved temporary use permit.
6.
X - Prohibited in that district, unless it is a legally established nonconforming use.
* Subject to regulations of the California Health and Safety Code regarding community care facilities.
** See Section 18.90.150, garage and yard sales.
*** Requires a home occupation permit.
**** Parking lot must be adjacent to the use it is serving. See Section 18.50.010(L) (parking lots in residential zones).
***** Multiple dwelling structures comprised entirely of SRO units (an SRO development) must have a minimum of 16 such units.
B.
Uses not listed in table.
1.
Campers, recreational vehicles, trailers, or automobiles shall not be occupied as living quarters in any zone or public right-of-way.
2.
Other land uses which are not listed in the table above (such as commercial and industrial land uses) are not permitted in residential zones, unless the Community Development Director or the Planning Commission determines that such use is within one of the permitted use categories listed (e.g., principal use, conditional use, etc.).
3.
Specifically, the determination of an unlisted use shall be as follows:
a.
Director's authority. For uses that are not specifically listed in the above table, the Community Development Director shall determine if the use shall be permitted in a zone. In order to determine that a use is permitted as a principal, conditional, temporary, minor or accessory use within a specific zone, the Director shall make all of the following findings:
i.
The proposed use is consistent with the goals and policies of the general plan.
ii.
The proposed use is compatible with the purpose and intent of the zone in which it is to be located.
iii.
The proposed use will not adversely affect the health, safety, or welfare of residents or other persons in the vicinity of the use.
iv.
The use is similar to and no more detrimental than those listed in the same zone.
b.
Referral to Planning Commission. Any determination on a proposed unlisted use may be referred to the Planning Commission as a non-hearing item if the Director determines on a case-by-case basis that the public interest would be better served by such referral.
c.
Appeals. Any determination on an unlisted land use may be appealed in accordance with Section 18.100.170 appeals of this Zoning Code. Determinations by the Director may be appealed to the Planning Commission and determinations by the Planning Commission may be appealed to the City Council.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
All sites within residential zones designated in this chapter shall comply, where applicable, with the by-right requirements of Government Code Section 65583.2 established in Chapter 18.110.
B.
Sites listed as lower-income sites in the adopted housing element site inventory shall comply with the by-right requirements of Government Code Sections 65583.2 (h) and (i), including:
1.
Permit owner-occupied and rental multi-family uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households;
2.
Accommodate a minimum of 16 units per site;
3.
Require a minimum density of 20 units per acre;
4.
Allow 100 percent residential use in the RIH zone; and
5.
Require at least 50 percent of the floor area to be for residential uses.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
40 - RESIDENTIAL ZONES2
Editor's note— Ord. No. 2024-620, § 2(Att.), adopted January 8, 2025, repealed the former Ch. 18.40, §§ 18.40.005—18.40.070 and enacted a new Ch. 18.40 as set out herein. The former Ch. 18.40 pertained to similar subject matter and derived from Ord. 505 § 2, adopted 2006; Ord. 537 § 1, adopted 2011; Ord. 548 § 3, adopted 2013; Ord. 548 §§ 5—7, adopted 2013; Ord. No. 2021-598U, §§ II, III, adopted December 14, 2021; Ord. No. 2021-599, §§ II, III, adopted December 14, 2021.
Residential zones are designed and intended to provide residents of the City with a comfortable, healthy, safe, and pleasant living environment.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Purpose. The purpose of the single family estate (R-1:10,000) zone is to provide safe, attractive and stable environment for large lot single-family residential development. This designation is intended to promote detached single-family units with adequate area for homes, yards, and accessory uses. The "10,000" suffix refers to the minimum lot size requirement, in square feet, for lots within this zone. The R-1:10,000 zone is consistent with the very low density land use designation of the General Plan.
B.
Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.
C.
Development standards. Development within the R-1:10,000 zone shall comply with the following development standards:
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Purpose. The purpose of the single family residential (R-1) zone is to provide areas for the development of detached single-family units at low densities, to promote the preservation of existing detached single family residential units and to encourage redevelopment of these areas with similar land uses. The R-1 zone is consistent with the low density land use designation of the General Plan.
B.
Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.
C.
Development standards. All development within the R-1 zone, including nonresidential uses shall comply with the following development standards:
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.
B.
Definition. A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
C.
Application.
1.
Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
2.
An application for a two-unit project must be submitted on the City's approved form.
3.
The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.
4.
Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
5.
The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.
D.
Approval.
1.
An application for a two-unit project is approved or denied ministerially, by the Community Development Director.
2.
The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.
3.
The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.
4.
The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.
E.
Requirements. A two-unit project must satisfy each of the following requirements:
1.
Map Act Compliance. The lot must have been legally subdivided.
2.
Zone. The lot is located in the single-family estate or single family residential (R-1:10,000 and R-1) zones.
3.
Lot location.
a.
The lot is not located on a site that is any of the following:
i.
Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
ii.
A wetland.
iii.
Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
iv.
A hazardous waste site that has not been cleared for residential use.
v.
Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection Building Code standards.
vi.
Within a 100-year flood hazard area, unless the site has either:
(A)
Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or
(B)
Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
vii.
Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii.
Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
ix.
Habitat for protected species.
x.
Land under conservation easement.
4.
Not historic. The lot must not be a historic property or within a historic district that is included on the State historic resources inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or county landmark or as a historic property or district.
5.
No impact on protected housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
a.
Housing that is income-restricted for households of moderate, low, or very low income.
b.
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
c.
Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d.
Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
6.
Unit standards.
a.
Quantity.
i.
No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this Code, an ADU, or a JADU.
ii.
A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under State law and the City's ADU ordinance.
b.
Unit size.
i.
The total floor area of the second primary dwelling built that is developed under this section cannot exceed 800 square feet.
c.
Demo cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
d.
Lot coverage. The City's existing lot coverage standards for its single-family estate and single family residential (R-1:10,000 and R-1) zones shall apply to projects subject to the section per the applicable zone based on project location. This lot coverage standard shall apply to the maximum extent feasible so that two primary dwelling units on the lot at 800 square feet are permitted.
e.
Open space. The City's existing open space standards for its single-family estate and single family residential (R-1:10,000 and R-1) zones shall apply to projects subject to the section per the applicable zone based on project location. This open space standard shall apply to the maximum extent feasible so that two primary dwelling units on the lot at 800 square feet are permitted.
f.
Setbacks.
i.
Generally. The City's existing setbacks standards for its single-family estate and single family residential (R-1:10,000 and R-1) zones shall apply to projects subject to the section per the applicable zone based on project location. These setbacks standards shall apply to the maximum extent feasible so that two primary dwelling units on the lot at 800 square feet are permitted.
ii.
Exceptions. Notwithstanding subpart F.6.f above:
(A)
Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(B)
Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
iii.
Front setback area. Notwithstanding any other part of this Code, dwellings that are constructed under this section must be equal to at least ten percent of the depth of the lot; however, the maximum setback shall be ten feet, and the minimum setback shall be five feet. The front setback area must:
(A)
Be kept free from all structures greater than three feet high;
(B)
Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(C)
Allow for vehicular and fire-safety access to the front structure.
g.
Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
i.
The lot is located within one-half mile walking distance of either:
(A)
A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or
(B)
A site that contains:
(I)
An existing rail or bus rapid transit station,
(II)
A ferry terminal served by either a bus or rail transit service, or
(III)
The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
ii.
The site is located within one block of a car-share vehicle location.
h.
Architecture.
i.
If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
ii.
If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
iii.
All exterior lighting must be limited to down-lights.
iv.
No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
i.
Nonconforming conditions. A two-unit project may only be approved if all illegal nonconforming zoning conditions are corrected.
j.
Utilities.
i.
Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
ii.
Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.
k.
Building and safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City's current Code.
l.
Other standards. All other applicable standards of this Code shall apply to the extent these standards do not conflict with this section of State law.
7.
Fire-hazard mitigation measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
a.
It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
b.
All dwellings on the site must comply with current Fire Code requirements for dwellings in a very high fire hazard severity zone.
c.
All enclosed structures on the site must have fire sprinklers.
d.
All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe.
e.
If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
8.
Separate conveyance.
a.
Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b.
Condominium airspace divisions and common interest developments are not permitted within the lot.
c.
All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
9.
Regulation of uses.
a.
Residential-only. No non-residential use is permitted on the lot.
b.
No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.
c.
Owner occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.
10.
Notice of construction.
a.
At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
i.
Notice that construction has been authorized;
ii.
The anticipated start and end dates for construction;
iii.
The hours of construction;
iv.
Contact information for the project manager (for construction-related complaints); and
v.
Contact information for the Building and Safety Department.
b.
This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under State law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
11.
Deed restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following:
a.
Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b.
Expressly prohibits any non-residential use of the lot.
c.
Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d.
If the lot is not created by an urban lot split, expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.
e.
If the lot is created by an urban lot split, then it is subject to the City's urban lot split regulations, including all applicable limits on dwelling size and development and the only development permitted on the lot are two-unit projects subject to this chapter.
F.
Specific adverse impacts.
1.
Notwithstanding anything else in this section, the City may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2.
"Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include:
a.
Inconsistency with the zoning ordinance or general plan land use designation; or
b.
The eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
3.
The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
G.
Remedies. If a two-unit project violates any part of this Code or any other legal requirement:
1.
The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
2.
The City may:
a.
Bring an action to enjoin any attempt to sell, lease, or finance the property.
b.
Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c.
Pursue criminal prosecution, punishable by imprisonment in county jail or State prison for up to one year, by a fine of up to $10,000.00, or both; or a misdemeanor.
d.
Record a notice of violation.
e.
Withhold any or all future permits and approvals.
f.
Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City's Code.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Purpose. The purpose of the medium density residential (R-2) zone is to provide a safe, attractive and stable environment for single-family, duplex, and other medium density multi-family residential uses. This zone is intended to encourage and stabilize existing medium density developments, such as one or two single-family detached units, two-family units, or group homes. The R-2 zone is consistent with the medium density land use designation of the General Plan.
B.
Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.
C.
Development standards. Development within the R-2 zone shall comply with the following development standards:
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Purpose. The purpose of the intermediate density residential (R-3) zone is to provide areas for multi-family residential developments where adequate services, traffic circulation, and the existence of open space and recreation areas are available. These areas are intended to accommodate several detached single-family homes on one lot or small-scale multi-family development projects. The R-3 zone is consistent with the intermediate density land use designation of the General Plan.
B.
Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.
C.
Development standards. All development within the R-3 zone, including nonresidential uses shall comply with the following development standards:
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Purpose. The purpose of the high density residential (R-4) zone is to provide areas for multiple family residential developments where adequate services, traffic circulation, and the existence of open space and recreation areas are available. These are found in areas that provide a transition to non-residential zones and are primarily intended for apartments, condominiums and other high-density multi-family developments. The R-4 zone is consistent with the high density land use designation of the General Plan.
B.
Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.
C.
Development standards. All development within the R-4 zone, including nonresidential uses shall comply with the following development standards:
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Purpose. The purpose of the religious institution housing (RIH) zone is to provide areas for multiple family residential developments on properties developed with church uses. These areas are primarily intended for high density attached dwelling units, including apartments. The RIH zone is consistent with the religious institution housing land use designation of the General Plan.
B.
Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.
C.
Development standards. All development within the RIH zone shall comply with the following development standards:
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Purpose. The purpose of the mobile home park (MHP) zone is to preserve existing mobile home park sites, consistent with the City's goals of accommodating alternative housing types, and to provide supplemental regulations for the operation and maintenance of mobile home parks.
B.
Permitted uses. Permitted uses are set forth in Section 18.40.070 of this chapter.
C.
Development standards. Construction of mobile homes and mobile home parks are subject to the California Code of Regulations, Title 25, Division 1 and operation of a mobile home park is subject to the California Civil Code Section 798 (Mobilehome Residency Law) and the California Health and Safety Code Section 18000 (Mobilehomes-Manufactured Housing Act of 1980). In addition, development within the MHP zone in the City shall comply with the following development standards:
Requirements for parking, landscaping, trash enclosures, fences, walls, outdoor storage, etc. and residential design standards are provided in Chapter 18.50 residential regulations.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
Uses and structures permitted. The table of permitted uses, below, lists the specific uses and structures which are permitted within each residential zone. No use is permitted in a parcel in any zone unless it is in full compliance with applicable standards and regulations, as contained in this Zoning Code. The letters in the columns beneath the zone designations mean the following:
1.
P - Permitted as a principal use within the zone.
2.
C - Permitted as a principal or accessory use if a conditional use permit is approved.
3.
M - Permitted as a principal or accessory use if a minor use permit is approved.
4.
H - Permitted as a home occupation only with an approved home occupation permit.
5.
T - Permitted as a temporary use with an approved temporary use permit.
6.
X - Prohibited in that district, unless it is a legally established nonconforming use.
* Subject to regulations of the California Health and Safety Code regarding community care facilities.
** See Section 18.90.150, garage and yard sales.
*** Requires a home occupation permit.
**** Parking lot must be adjacent to the use it is serving. See Section 18.50.010(L) (parking lots in residential zones).
***** Multiple dwelling structures comprised entirely of SRO units (an SRO development) must have a minimum of 16 such units.
B.
Uses not listed in table.
1.
Campers, recreational vehicles, trailers, or automobiles shall not be occupied as living quarters in any zone or public right-of-way.
2.
Other land uses which are not listed in the table above (such as commercial and industrial land uses) are not permitted in residential zones, unless the Community Development Director or the Planning Commission determines that such use is within one of the permitted use categories listed (e.g., principal use, conditional use, etc.).
3.
Specifically, the determination of an unlisted use shall be as follows:
a.
Director's authority. For uses that are not specifically listed in the above table, the Community Development Director shall determine if the use shall be permitted in a zone. In order to determine that a use is permitted as a principal, conditional, temporary, minor or accessory use within a specific zone, the Director shall make all of the following findings:
i.
The proposed use is consistent with the goals and policies of the general plan.
ii.
The proposed use is compatible with the purpose and intent of the zone in which it is to be located.
iii.
The proposed use will not adversely affect the health, safety, or welfare of residents or other persons in the vicinity of the use.
iv.
The use is similar to and no more detrimental than those listed in the same zone.
b.
Referral to Planning Commission. Any determination on a proposed unlisted use may be referred to the Planning Commission as a non-hearing item if the Director determines on a case-by-case basis that the public interest would be better served by such referral.
c.
Appeals. Any determination on an unlisted land use may be appealed in accordance with Section 18.100.170 appeals of this Zoning Code. Determinations by the Director may be appealed to the Planning Commission and determinations by the Planning Commission may be appealed to the City Council.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)
A.
All sites within residential zones designated in this chapter shall comply, where applicable, with the by-right requirements of Government Code Section 65583.2 established in Chapter 18.110.
B.
Sites listed as lower-income sites in the adopted housing element site inventory shall comply with the by-right requirements of Government Code Sections 65583.2 (h) and (i), including:
1.
Permit owner-occupied and rental multi-family uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households;
2.
Accommodate a minimum of 16 units per site;
3.
Require a minimum density of 20 units per acre;
4.
Allow 100 percent residential use in the RIH zone; and
5.
Require at least 50 percent of the floor area to be for residential uses.
(Ord. No. 2024-620, § 2(Att.), 1-8-2025)