The purpose of the single-family residential zones is to:

(1)

Comply with the overall purposes stated in section 90-1 relating to the purpose of the zoning ordinance.

(2)

Provide properly located family living areas based on a wide range of population densities in conformity with the general plan;

(3)

Protect residential properties from noise, odors, smoke, dirt, vibration, glare, fire, explosion, noxious fumes, unsightliness and other hazards or objectionable influences;

(4)

Protect residential properties from congestion and nuisances caused by commercial and industrial traffic;

(5)

Ensure adequate privacy, light, air and usable open space for each dwelling unit;

(6)

Provide a variety of housing opportunities with a move-up market and quality of life amenities that serve existing residents and attract new residents;

(7)

Encourage land use and community design practices that balance growth and infrastructure, encourage smart growth principles, achieve a citywide jobs and housing balance, and otherwise implement the goals and polices of the general plan; and

(8)

Implement the RR (rural residential), LDR (low density residential), LMDR (low and moderate density residential), and MDR (medium density residential) land use designations of the general plan.

(Ord. No. 1552, § 2, 1-28-97; Ord. No. 1653, § 1, 10-9-01; Ord. No. 1919, § 1(Exh. 1), 9-27-16)

In the R-R, R-1-5, R-1-6, R-1-7.2, R-1-10, R-1-20, R-1-40 zones, permitted and conditionally permitted uses shall be as listed within the "land use matrix." Whenever a business is conducted, even if it is a home occupation, a city business license is required pursuant to chapter 18. All other uses not specifically listed in the matrix shall be interpreted as not permitted unless a similar use determination is made by the community development director pursuant to section 90-3. Uses located within the Hemet-Ryan Airport Influence Area are subject to the requirements of the Riverside County Airport Land Use Plan.

(Ord. No. 1566, § 2(B), 8-26-97; Ord. No. 1581, § 2, 2-24-98; Ord. No. 1591, § 1(2), 9-29-98; Ord. No. 1653, § 1, 10-9-01; Ord. No. 1684, § § 1—5, 5-27-03; Ord. No. 1798, § 2(b)(Exh. B), 5-27-08; Ord. No. 1852, § 4(Exh. B), 6-12-12; Ord. No. 1855, § 3(Exh. B, § 1), 9-11-12; Ord. No. 1901, § 2(Exh. 2), 4-14-15; Ord. No. 1919, § 1(Exh. 1), 9-27-16; Ord. No. 1926, § 1(Exh. A), 4-25-17; Ord. No. 1946, § 1, 7-24-18; Ord. No. 1949, § 6(Exh. A, 6), 9-25-18; Ord. No. 1965(2020-004), § 3, 2-25-20; Ord. No. 1969(2020-008), § 2, 5-12-20; Ord. No. 1972, § 2, 2-9-21)

The single family residential zones are established in accordance with the standards of this article and as shown on the official zoning map pursuant to section 90-6.

(1)

R-R rural residential zone: To provide for the development of large residential lots or parcels that may combine the attributes of rural and urban living, to allow for commercial crop production in appropriate areas, and to preclude premature or untimely land development at urban densities in areas inappropriate or ill-suited for such development.

(2)

R-1 single-family zone: To provide for the development of single-family homes at a variety of lot sizes:

a.

R-1-5: minimum lot size 5,000 square feet.

b.

R-1-6: minimum lot size 6,000 square feet.

c.

R-1-7.2: minimum lot size 7,200 square feet.

d.

R-1-10: minimum lot size 10,000 square feet.

e.

R-1-20: minimum lot size 20,000 square feet.

f.

R-1-40: minimum lot size 40,000 square feet.

(Ord. No. 1919, § 1(Exh. 1), 9-27-16; Ord. No. 1926, § 1(Exh. A), 4-25-17; Ord. No. 1946, § 2, 7-24-18)

(a)

New development projects in the single family residential zones are subject to pre-application review as provided in section 90-49 and site development review as provided in section 90-48 of this chapter. Development of the site and structures shall be consistent with all applicable design guidelines.

(b)

Prior to the construction of any building or structure a building permit shall be required in accordance with the latest city-adopted uniform building code. The following are minimum requirements, unless otherwise noted, and shall apply to all land, buildings, and structures in their respective zones. All area dimensions are in square feet, unless otherwise noted. All linear dimensions are in feet, unless otherwise noted.

(c)

Development projects established within the boundaries of the Hemet-Ryan Airport Influence Area shall be in accordance with state airport land use law.

(d)

Subdivisions located in the R-1-5 and the R-1-6 zones with a lot size average of less than 7,200 square feet are subject to the compensating open space/park guidelines for small lot projects referenced in the city's single-family residential design guidelines.

(e)

The following are minimum requirements, unless otherwise noted, and shall apply to all land, buildings, and structures in their respective zones. All area dimensions are in square feet, unless otherwise noted. All linear dimensions are in feet, unless otherwise noted.

(f)

Allowed projections into setback areas. Maximum allowed projections shall be as follows, except that in all instances a minimum 36-inch wide passageway shall be maintained adjacent to the primary structure. The passageway shall be free of any obstructions including fences, mechanical equipment, and storage containers.

(Ord. No. 1552, § 2; Ord. No. 1581, § 2; Ord. No. 1653, § 1; Ord. No. 1748, § 3; Ord. No. 1900, § 5(Exh. 2), 4-14-15; Ord. No. 1919, § 1(Exh. 1), 9-27-16; Ord. No. 1926, § 1(Exh. A), 4-25-17; Ord. No. 1946, §§ 3, 4, 7-24-18; Ord. No. 1982, § 1, 9-28-21)

(a)

In addition to the requirements of this article, the approving authority shall consider the following:

(1)

The integration of natural features into the site plan, where appropriate, including rock formations, streambeds, unique vegetation, and hillsides.

(2)

The use of grading and landscape design to enhance visual interest, reduce conflicts between land uses, accommodate drainage and treatment, and improve stormwater management.

(3)

The incorporation of sustainable land use and community design practices into site design including walkable neighborhoods, sense of place, preservation of open space, and crime free environmental design.

(b)

No manufactured home shall be installed on a lot zoned for single-family dwellings if more than ten years has elapsed between the date of manufacture of the manufactured home and the date of the application for the permit to install the manufactured home in the subject zone. This exclusion shall not apply to legally permitted manufactured homes converting from a pier foundation system to a permanent foundation system.

(c)

Single-family residential design guidelines that are established by resolution of the city council provide examples of design solutions to code requirements and are applicable to all new single-family residential projects to complement the mandatory standards contained in this article. Where there is a conflict or lack of clarity, the provisions of this article shall apply.

(d)

Single-story dwelling supplemental requirements in projects of five or more lots.

(1)

A minimum of 25 percent of the units in a tract/project shall be one-story dwellings.

(2)

Only units having a minimum 15 percent one-story element shall be plotted on corner lots.

(e)

Architectural supplemental requirements in projects of two or more lots.

(1)

The design of infill projects shall be compatible with adjoining neighborhoods in terms of massing, building heights, setbacks, and architectural style.

(2)

Architectural trim features such as window moldings, recessed windows, shutters, or similar features shall be provided on all front, side, and rear façades, which are visible from public view.

(3)

At least 25 percent of any front and side façade shall be of a different building material to provide contrast. This requirement is waived for architectural styles that dictate uniformity of building materials.

(4)

Alternative garage orientations and variations in front yard setbacks shall be incorporated into project design.

(f)

Site design supplemental requirements in all single-family residential projects.

(1)

Front yard design is subject to the city's landscape design standards.

(2)

Private rear yard open space. A minimum flat, useable rear yard area is required in square footage equal to five percent of lot area.

(3)

Trash collection area. A concrete pad with a minimum size of three feet by ten feet shall be provided in the rear side yard adjacent to a minimum 42-inch wide walkway to the front driveway or sidewalk to accommodate the trash bins and shall be screened from public view. For alley collection, other options may be provided.

(g)

Second story design criteria. To mitigate privacy impacts and the visual mass and bulk of new multi-story homes and additions built adjacent to existing single-story homes.

(1)

Applicability.

a.

These requirements shall apply to new multi-story homes, multi-story decks, multi-story additions, modifications to the existing multi-story decks and/or new windows on existing multi-story homes that increase privacy impacts on neighboring residents.

b.

These requirements shall not apply to:

1.

Skylights;

2.

Windows with sills more than five feet above the finished second floor;

3.

Obscured, non-openable windows;

4.

Windows with permanent exterior louvers to a height of five feet above the second floor;

5.

Non-operable windows with obscure glass to a height of five feet above the second floor; and

6.

When waivers have been obtained by all affected property owners.

(2)

Options. The applicant shall select from the following options a design that achieves the intent of this section.

(3)

Second story.

a.

Where adjacent to an existing single-story home, the second story of all structures shall be located with a 35-degree plane beginning at the adjacent property line.

b.

Where adjacent to an existing single-story home, a minimum of 100 percent of the second story adjacent façade shall be stepped back from the ground floor adjacent façade a minimum of 15 feet. This option exempts additional planting plan.

c.

A no build envelope shall be established for every one foot in building height, the structure shall step back at least two feet where adjacent to an existing single-story home. The measurement shall begin at the rear or adjacent property line.

d.

Windows and balconies shall be offset to avoid direct sight lines into and from neighboring properties.

e.

Where adjacent to an existing single-story home, the minimum distance between any bedroom in the existing single-story home and the upper level of the new structure shall be a minimum of 50 feet, unless window orientation and design completely restricts visibility. Subject to review and approval by the planning division.

f.

For the purposes of this section, the term "adjacent to a single-story home" shall mean property that shares a boundary with, including at a point, any property that contains an existing single-story structure zoned and used for residential purposes.

(4)

Planting plan and windows.

a.

Windows. Proposals for a new multi-story homes, multi -story decks, multi -story additions, modifications to the existing multi -story decks, and/or new windows on existing multi -story homes shall be accompanied by a planting plan which identifies the location, species and canopy diameter of existing and proposed trees or shrubs to meet the requirements in subsection b. below.

b.

Privacy planting.

1.

New trees and/or shrubs are required on the applicant's property in an area bounded by a 30-degree angle on each side and rear window jamb.

2.

The applicant shall provide the planning division with a list of proposed privacy planting trees and shrubs. The list includes allowed plant species, minimum size of trees and shrubs, caliper of tree five feet above soil. expected canopy or spread size, and planting distance between trees. The minimum tree size shall be 24-inch box at the time of planting or as approved by the planning division to ensure privacy screening is achieved.

3.

In any residential zone, the minimum height of privacy trees at the time of planting shall be 12 feet. The trees and/or shrubs shall be planted prior to issuance of a final occupancy permit.

4.

Waivers.

a)

New trees and/or shrubs are not required to replace existing front or privacy trees or shrubs if an internationally certified arborist or licensed landscape architect verifies that the existing trees/shrubs have the characteristics of privacy planting species, subject to approval by the director of community development.

b)

Affected property owner(s) may choose to allow privacy planting on their own property. In such cases, the applicant must plant the privacy screening prior to issuance of a building permit.

c)

The privacy mitigation measures may be modified in any way with a signed waiver statement from the affected property owner. Modifications can include changes to the number of shrubs or trees, their species or location.

5.

The property owner shall record a covenant with the Riverside County Recorder's Office that requires the retention of all privacy planting, or use of existing vegetation as privacy planting, and required front yard trees, prior to receiving a final building inspection from the building division.

6.

Maintenance. The required plants shall be maintained. Landscape planting maintenance includes irrigation, fertilization and pruning as necessary to yield a growth rate expected for a particular species.

7.

Replacement. Where required planting is removed or dies it must be replaced within 30 days with privacy tree(s) of similar size as the tree(s) being replaced, unless it is determined to be infeasible by the director of community development.

c.

Windows. The following is required for all side and rear yard-facing multi-story windows in residential zones:

1.

Cover windows with exterior louvers to a height of five feet above the second floor; or

2.

Obscure glass to a height of five feet above the second floor; or

3.

Have a windowsill height of five feet minimum above the finished second floor.

(Ord. No. 1581, § 2; Ord. No. 1653, § 1; Ord. No. 1675; Ord. No. 1684, § §§ 1—5; Ord. No. 1748, § 3; Ord. No. 1919, § 1(Exh. 1), 9-27-16; Ord. No. 1992, § 1, 3-8-22)

This section provides for the regulation of location and height of walls, fencing, screening and landscaping so as to allow the enjoyment of the use of the property and the safety of persons using sidewalks and streets related to the property.

(1)

Fencing in the front yard setback is subject to the following provisions:

a.

Solid walls, fences, screening or hedge plantings in any required front yard setback shall be a maximum of 42 inches in height when measured from the adjacent sidewalk or street in order to maintain safe visibility for pedestrians and the egress and ingress of vehicular traffic. A combination of solid and open fences not exceeding 72 inches in height is permitted provided the solid part of such fence, screening, or hedge does not exceed 42 inches. Pilasters to a maximum height of 72 inches are permitted if spaced a minimum of ten feet on center with a maximum width of 18 inches.

b.

Open fencing shall be a minimum of 75 percent open with the space between the solid material being three times the width of the solid material. The solid materials are limited to wrought iron, tubular steel, vinyl, or similar material.

c.

Prohibited materials are chain link, chain link with slats, plexiglass, electric, hog wire, woven, barbed wire, and similar materials. Wood is prohibited in excess of 42 inches in height regardless of design.

d.

Replacement fencing of any nonconforming material is subject to the provisions of division 2 of article II of this chapter regarding nonconforming uses.

(2)

On a corner lot a wall, fence or hedge up to six feet in height may be located parallel to the edge of the sidewalk on the street side yard adjacent to the lot up to the front yard setback, whether the sidewalk area is monolithic or has a planted parkway.

(3)

On corner lots, the corner cutback area shall be free and clear of visual obstructions in excess of 42 inches in height. The corner cutback shall be defined by a line on a horizontal plane connecting two points along the front and street side property lines and forming a triangle. These points shall be measured 30 feet back from the intersection of the prolongation of the front and street side property lines.

(4)

On lots where the driveway is adjacent to the rear yard of a neighboring lot the corner cutback area shall be free and clear of visual obstructions of 42 inches in height. The cutback lines shall be determined by measuring from the projection of the coterminous front and rear property line ten feet along the inside edge of the sidewalk and ten feet back from the street connecting the two points forming a 45-degree triangle.

(5)

Fencing, screening, hedges along interior and rear property lines may not exceed 72 inches in height.

(6)

When a retaining wall is necessary, the combined retaining wall and hedge, walls or fence shall not be permitted to exceed six feet in height along the street side yard or reverse corner lot and nine feet in height along interior or rear property lines.

(7)

Wall and fencing supplemental requirements in projects of five or more lots.

a.

Perimeter fencing. All perimeter fencing adjacent to the public right-of-way shall be decorative block, textured concrete or stucco with pilasters and caps and/or other material consistent with any adopted policy, guideline or standard in effect at time of approval. Wrought iron view fences are also permitted with pilasters and caps. Chain link fencing is prohibited.

b.

Interior lot fencing. Interior lot line fencing shall be comprised of masonry block, vinyl, wood, or other materials that comply with any adopted policy, guideline, or standard in effect at the time of approval.

c.

Gates. Gates and front yard returns visible to the public right-of-way shall be comprised of painted or stained wood, vinyl, wrought iron or tubular steel, or other materials that comply with any adopted policy, guideline, or standard in effect at the time of approval. Chain link gates are prohibited.

d.

A six-foot-high masonry wall shall be constructed along the perimeter of any lots that are placed adjacent to an existing church, school, commercial use, or public facility.

(8)

Swimming pool fencing. Swimming pools shall be entirely enclosed by buildings, fences or walls. Prior to filling the pool, the required fencing or walls must be in place and approved by the city building department.

(Ord. No. 1919, § 1(Exh. 1), 9-27-16; Ord. No. 1966(2020-005), § 1, 2-25-20; Ord. No. 1972, § 2, 2-9-21)

Editor's note— Ord. No. 1919, § 1(Exh. 1), adopted September 27, 2016, repealed the former § 90-316, and enacted a new § 90-316 as set out herein. The former § 90-316 pertained to hillside development, and those provisions are now set forth in article XII of this chapter. The former § 90-316 derived from Ord. No. 1653, § 1, adopted on October 9, 2001; and Ord. No. 1903, § 2(Exh. 1), adopted August 11, 2015.

(a)

All new development must comply with the provisions of article XLVIII of this chapter.

(b)

Landscape guidelines that are established by resolution of the city council provide examples of landscaping solutions to code requirements and are applicable to all new single-family residential projects to complement the mandatory standards contained in this article and article XLVIII. Where there is a conflict or lack of clarity, the provisions of this chapter shall apply.

(c)

Landscaping on existing single-family residential properties is subject to the following minimum standards:

(1)

All areas in the front or side yard setback visible from the public right-of-way and not covered by structures, driveways, or hardscape shall be landscaped.

(2)

Parkways, located between the curb and the sidewalk, are the responsibility of the property owner and shall be landscaped and maintained.

(3)

Appropriate landscape includes drought tolerant plants, groundcover, bushes, and trees or a combination of living and non-living groundcover such as decorative rock, bark, artificial turf, or decomposed granite.

(Ord. No. 1919, § 1(Exh. 1), 9-27-16)

(a)

A required yard or other open space around an existing or proposed building shall not be used to meet a required yard or other open space for any other building on an adjoining lot or building site.

(b)

Garage doors shall not, when open or being opened, project beyond any lot line.

(c)

On most lots the required yards shall be as defined in section 90-4. On lots of unusual shape the director shall determine the front, rear and side yard areas based upon the location of the entrance to the house, the address of the house, the floor plan of the house, the slope of the lot, and other similar considerations. The yards shall be indicated on a site plan and maintained on file along with the building permit, see figure 1 below.

Figure 1

(d)

On lots at the terminus of a cul-de-sac street and lots on the knuckle of a street the required setbacks of this section shall be an average of the closest and furthest setback from the proposed building. For example if the closest side yard setback is five feet the furthest side yard setback on that same side is 15 feet, the average setback would be ten feet. In no case shall the required yard be less than five feet, see figure 2 below.

Figure 2

(Ord. No. 1919, § 1(Exh. 1), 9-27-16)

(a)

Maximum height shall be measured as the vertical distance from the finished grade to an imaginary plan located parallel to the finished grade at a height allowed by the zone.

(b)

Structures permitted above a specified height limit may be erected follows: structures or walls for the housing of elevators, stairways, tanks, ventilating fans or similar structures, skylights, towers, steeples, flagpoles, chimneys, smokestacks, wireless masts, radio and television masts, water tanks, silos or similar structures, provided that no roof structure, as listed in this subsection, or any space above the height limit specifically prescribed for particular zones, shall be allowed or used for the purpose of providing usable floor space in excess of that reasonably required to maintain such structures and shall not be used for signage.

(Ord. No. 1919, § 1(Exh. 1), 9-27-16)

(a)

An accessory structure is as defined in section 90-4. An accessory structure greater than 120 square feet is required to obtain a building permit.

(b)

Accessory structures shall meet the required setbacks and lot coverage maximum of the zone in which they are located with the following exception: Accessory structures less than 120 square feet in area and less than eight feet in height which are not permanently affixed to the ground may be located as close as three feet to interior side or rear property lines. In no instance shall any accessory structure be placed closer to the front property line than the principal structure.

(c)

The total area of all accessory structures shall not exceed 50 percent of the floor area of the principal structure. On lots of one acre or larger, accessory structures may be constructed in excess of 50 percent of the principal structure upon review and approval of an administrative adjustment application by the community development director and subject to the following criteria:

(1)

The accessory structure is otherwise consistent with the regulations of the zone in which it is located;

(2)

The accessory structure is not detrimental to the public health, safety and welfare particularly that of adjacent properties; and

(3)

The accessory structure does not detract from the residential character of the surrounding neighborhood.

(d)

Accessory structures shall not exceed the following height limits:

(1)

Garage, carport, portable covers: 20 feet.

(2)

Gazebo, greenhouse, playhouse, outdoor play equipment, stationary barbeque, storage shed, stationary compost bin, and other accessory structures: 15 feet.

(3)

Structures located within five feet of a side yard or rear yard property line: eight feet.

(e)

Accessory structures shall be architecturally compatible with the principal structure and adhere to the following criteria:

(1)

For accessory structures over 120 square feet, compatibility shall include the structures' primary color and construction materials;

(2)

A garage installed in conjunction with a manufactured home shall be frame-constructed (e.g., wood, engineered wood, or structural steel) on a permanent concrete foundation;

(3)

For portable carports and/or RV covers, compatibility shall be limited to the structures' primary color.

(f)

All accessory structures shall be screened to the maximum intent possible with landscaping, fencing, or combination thereof, so as to minimize visual impacts from adjacent rights-of-way and from adjoining properties.

(Ord. No. 1919, § 1(Exh. 1), 9-27-16; Ord. No. 1957, § 3, 6-11-19)

(a)

General provisions.

(1)

An application for an accessory dwelling unit shall be submitted to the building department for building plan check approval and shall be permitted ministerially without discretionary review if it meets the definitions and criteria listed in this section and all other applicable zoning, building and health and safety codes.

(2)

Any property with an accessory dwelling unit permitted between January 1, 2020 and December 31, 2024 is not required to be owner-occupied. Any property with an accessory dwelling permitted prior to January 1, 2020 or after January 1, 2025 shall be owner-occupied.

(3)

An accessory dwelling unit may not be used for short term rentals with terms less than 30 days.

(4)

For the purposes of meeting the city's applicable regional housing needs allocation as contained in the adopted housing element, accessory dwelling units may be reported as progress towards meeting these goals.

(5)

An accessory dwelling unit shall only be allowed on a residentially zoned lot under this article that contains an existing or proposed single-family or existing multiple-family residence.

(6)

For purposes of calculating allowable density, an accessory dwelling unit is not counted as an additional unit.

(7)

The provisions of this section take precedence over any conflicting covenant, condition, or restrictions or homeowners association rule that prohibits or unreasonably restricts the construction or use of an accessory dwelling unit.

(b)

Definitions.

(1)

Accessory dwelling unit means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary residence, and shall have independent exterior access. It also includes the following:

a.

An efficiency unit, as defined in Health and Safety Code § 17958.1.

b.

A manufactured home, as defined in Health and Safety Code § 18007.

(2)

Junior accessory dwelling unit means an accessory dwelling unit that is no more than 500 square feet in size and contained entirely within a single-family residence.

(3)

Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

(4)

Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another, provided that the vehicles do not extend over the public sidewalk or right-of-way.

(c)

General criteria. An accessory dwelling unit shall meet the following criteria.

(1)

The accessory dwelling unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separately.

(2)

The accessory dwelling unit may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or detached from the primary dwelling.

(3)

The number of accessory dwelling units that may be established on a lot shall be as provided in Government Code § 65852.2(e)(1)(A)—(D).

(4)

A lot having an accessory dwelling unit shall not be subdivided in a manner that would allow for the principal dwelling unit and the accessory dwelling unit to be located on separate lots that do not meet the development standards required by the underlying zone.

(5)

The floor area of an attached accessory dwelling unit shall not exceed 50 percent of the floor area of the existing primary dwelling.

(6)

The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet.

(7)

Unless the conditions listed in this section apply, an accessory dwelling unit shall comply with the required standards and setbacks of the zone in which it is located.

a.

No setback shall be required for an accessory dwelling unit that is constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit.

b.

A setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

(8)

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an accessory dwelling unit, no replacement off-street parking spaces are required.

(9)

No passageway shall be required in conjunction with the construction of the accessory dwelling unit

(10)

An accessory dwelling unit shall be architecturally compatible with the principal dwelling unit. Compatibility shall be based on the architectural style, construction materials, and primary color, of the principal dwelling unit

(11)

Unless the conditions listed in subsection 90-321(c)(12) apply, one parking space shall be provided on the same lot as the accessory dwelling unit in addition to the spaces required for the principal dwelling unit. The required parking space may be permitted in setback areas or through tandem parking, unless the director finds that such parking is not feasible based upon specific site conditions, or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the city.

(12)

Notwithstanding any other provision in this section, no parking standards shall be imposed for an accessory dwelling unit in the following instances:

a.

The accessory dwelling unit is located within one-half mile walking distance of public transit.

b.

The accessory dwelling unit is located within an architecturally and historically significant and designated historic district.

c.

The accessory dwelling unit is wholly within the space of an existing primary residence or an existing accessory structure.

d.

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

e.

When there is a designated car share vehicle station located within one block of the accessory dwelling unit.

(13)

The standards contained in Government Code § 65852.2(f) shall be followed in determining whether an accessory dwelling unit requires utility meters and the payment of connection and capacity charges.

(14)

Prior to the issuance of a building permit for an accessory dwelling unit, a covenant of restriction to run with the land, shall be recorded which specifies that the use of the secondary dwelling unit as an independent dwelling unit may continue only as long as the conditions on the lot remain in compliance with the criteria listed in this section and the secondary dwelling unit may not be sold separate and apart from the principal dwelling unit.

(15)

This section shall not validate any existing illegal accessory dwelling unit. An application for an accessory dwelling unit may be submitted to convert an illegal accessory dwelling unit to a conforming legal accessory dwelling unit; however, the standards and requirements for said conversion shall be the same as for a newly proposed accessory dwelling unit.

(16)

Applications for building plan check approval shall be processed within 60 days from the submittal of a completed application with all required submittal materials included if there is an existing single-family or multi-family residence on the lot. Applications for building permit plan check approval for an accessory dwelling unit being processed concurrently with a proposed primary single-family or multiple-family residence on the lot shall be processed concurrently with the approvals for the proposed primary residence.

(d)

Special criteria for junior accessory dwelling units. Junior accessory dwelling units shall be subject to the following requirements, in addition to the general requirements in subsection (c) of this section. To the extent that any of the requirements of the subsection (d) conflict with the requirements of subsection (c), the provisions of this subsection (d) shall control.

(1)

If necessary, an expansion of no more than 150 square feet to the physical dimensions of the existing structure may be added to accommodate ingress and egress to the junior accessory dwelling unit.

(2)

The junior accessory dwelling unit must include a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory unit.

(3)

The junior accessory unit may include separate bathroom facilities or may share sanitation facilities with the existing structure.

(4)

No more than one junior accessory dwelling unit is permitted on a single lot.

(5)

The owner of the single-family residential home in which the junior accessory unit is located must reside in either the remaining portion of the home or in the newly created junior accessory dwelling unit. Owner-occupancy is not required if the owner is another governmental agency, land trust, or housing organization.

(6)

No additional parking is required for the junior accessory dwelling unit. The parking requirement for the single-family residential use and/or its zone shall apply.

(7)

A junior accessory dwelling unit shall not be metered separately from the principal dwelling unit for gas, electricity, and water/sewer services, and shall not be considered a separate residential use for purposes of connection fees or capacity charges, or for the purposes of fire or life protection ordinances or regulations.

(Ord. No. 1919, § 1(Exh. 1), 9-27-16; Ord. No. 1940, § 1(Exh. A), 12-12-17; Ord. No. 1964(2020-003), § 1, 2-25-20; Ord. No. 1972, § 2, 2-9-21)

Appeal of a decision of the planning commission or the community development director or designee may be made pursuant to section 90-48(6).

(Ord. No. 1919, § 1(Exh. 1), 9-27-16)