This chapter establishes permission, regulations and requirements for the establishment and continuance of uses and structures in each residential zone except for vehicle parking requirements which are specified in Chapter 24.04. The intent and intended application of each residential zone is:

A.

Zone R1E (Semi-Rural Estate). This zone is designed to accommodate the large lot residential estate development in the Grossmont-Mt. Helix area. It is expected development will occur at densities of one to two dwelling units per acre predicated upon adequate streets, sewer, fire hydrant and other public facilities.

B.

Zone R1R (Semi-Rural Residential). This zone is designed to preserve the general characteristics of low density semi-rural environment which has developed along the southerly fringe of the city and to accommodate development up to three dwelling units per acre, predicated upon adequate streets, sewer, fire hydrants and other public facilities.

C.

Zone R1S (Suburban Residential). This zone is designed for those areas affected by moderate to severe hillside conditions and to the fringe of such areas. It is intended that development conditions including structure locations will be variable in order to achieve maximum allowable density without adversely affecting the hillside environment. Minimum grading which leaves natural appearing land forms is required in the development of these areas.

D.

Zone R1 (Urban Residential). This zone is designed for the more urbanized areas of the city where streets and other public facilities are generally adequate to accommodate a dwelling unit density of seven dwelling units per net acre.

E.

Zone R1A (Urban Residential-Alternative). This zone is specifically designed for the Rolando Knolls area. Same as Zone R1 but on lots of 9,000 sq. ft. a second detached residence may be constructed.

F.

Zone R2 (Medium Low Density Residential). This zone is designed to allow one and two family dwellings in the city. Apartments may be allowed, restricted to fourteen (14) dwelling units per net acre.

G.

Zone R3 (Multiple Unit Residential). This zone provides for apartment-type development within the City. The minimum net lot area per dwelling unit for residential development in this zone shall not be less than two thousand four hundred twenty (2,420) square feet, except that this may be reduced to no less than one thousand eight hundred ninety-five (1,895) square feet as provided by this Chapter. All projects in this zone will be evaluated to ensure compliance with the development standards of this Title, City-adopted design objectives and standards, and the goals and objectives of the General Plan. The development and design standards applicable under this zone are minimum standards, and shall not be reduced solely for the purpose of achieving maximum density for any development.

H.

Zone RB (Residential Business). This zone is designed for areas which appear to be in transition from residential to business development. It is intended to provide incentives for accommodating a reasonable transition, by permitting apartment-type development, and limited business uses which are compatible with a residential environment. The minimum net lot area per dwelling unit for residential development in this zone shall not be less than two thousand four hundred twenty (2,420) square feet, except that this may be reduced to no less than one thousand eight hundred ninety-five (1,895) square feet as provided by this Chapter. All projects in this zone will be evaluated to ensure compliance with the development standards of this Title, City-adopted design objectives and standards, and the goals and objectives of the General Plan. The development and design standards applicable under this zone are minimum standards, and shall not be reduced solely for the purpose of achieving maximum density or intensity of use for any development.

(Ord. 2351; April 26, 1984)

The following structures and uses are permitted on each building and site in the residential zones as stated below, subject to the provisions of this chapter and Chapter 24.04, Vehicle Parking.

A.

Permitted Principal Uses and Structures.

1.

In Zones R1E, R1R, R1S and R1:

a.

Agriculture other than the raising of animals or fowl.

b.

One, one-family dwelling unit per lot.

c.

Mobilehomes and homes manufactured offsite, installed on a permanent foundation in accordance with Section 65852.3 of the California Government Code.

d.

Residential care facility, licensed by the state of California, serving six or fewer persons.

e.

Two-unit residential development in accordance with Section 24.05.032.

2.

In zone R1A:

a.

One, one-family dwelling unit per lot; except that, on a lot of at least nine thousand square feet in area, one additional detached one-family dwelling is permitted; or

b.

Residential care facility, licensed by the state of California, serving six or fewer persons.

c.

Two-unit residential development in accordance with Section 24.05.032.

3.

In zone R2:

a.

One-family dwelling or two-family dwellings.

b.

Residential care facility, licensed by the state of California, serving six or fewer persons.

4.

In zone R3 and RB:

a.

One-family dwellings.

b.

Apartments.

c.

Residential care facility, licensed by the state of California, serving six or fewer persons.

5.

In zone RB:

a.

Professional and corporate offices (operations not involving the fabrication, sale or storage of merchandise, the delivery of merchandise, or the parking or dispatching of vehicles for a service. This category shall not include banks, savings and loans or loan and thrifts, and shall not include consumer services.)

b.

Retail sales from shops with a GFA of not more than three thousand square feet.

c.

Barber and beauty shops for humans.

d.

Medical, dental laboratories (providing services directly to clinical medical and dental practice.)

6.

Housing Element Reuse Sites. Reuse sites as identified in the city's housing element Appendix B (as certified by the California Department of Housing and Community Development on July 6, 2023) that provide twenty percent of new housing units as affordable to lower-income households, shall be processed as by-right development and shall not require discretionary approval.

B.

Permitted Uses With Approved Site Development Plan. The following uses may be permitted by the planning commission upon its determination that the development goals and objectives of the city have been achieved.

1.

In any R zone: planned residential developments.

2.

In any R zone: mobilehome parks, as described in Section 65852.7, Cal. Admin. Code. The density limit of any such park shall be that of the park site's zoning. All development standards of the site's zoning shall also apply, in addition to the requirements of the Cal. Admin. Code, Part II, Title 25.

3.

The following if located on a building site which has direct vehicular access to major or collector street:

a.

In any R zone:

1.

A church or similar place of public worship on a building site of two acres or more;

2.

Any use or structure proposed by a local agency of the state of California including public schools.

b.

In zones R2 or R3: Day nurseries; residential care facilities licensed by the state of California serving more than six persons.

c.

In zone R2: apartments, upon determination by the commission that such buildings are compatible with development in the vicinity said apartments shall not exceed a land area to dwelling unit ratio of one unit for each three thousand square feet of net land area.

4.

The outdoor display of produce and flowers in the RB zone in conformance with the design guidelines adopted by city council resolution.

C.

Conditionally Permitted Uses and Structures. The following uses and structures are permitted with the granting of a conditional use permit.

1.

Accessory parking to an adjacent business use may be permitted if the proposed site either adjoins the site on which the business is located or is located on the opposite side of the street. Such parking shall be subject to all the development standards required for a commercially zoned lot adjoining a residential zone. (See 24.04)

2.

The following when located on a site having frontage on a major or collector street:

a.

Church or similar place of public worship on a building site of less than two acres.

b.

Private educational institution, day nurseries.

c.

In other than the R2 or R3 zones, residential care facilities licensed by the state of California serving more than six persons.

d.

Public utility substation or equipment building required for service to the surrounding residential area.

3.

In the RB zone, those uses principally permitted in the CN zone; banks, savings and loans, loan and thrifts; clubs; and service organizations, when the planning commission makes the following findings:

a.

The subject property is adjacent to commercial zoned property; and

b.

Any adverse effect on adjacent residential property is mitigated through project design.

4.

In any R zone when located within a single detached single-family dwelling, a commercial residential use with seven or greater adult residents upon issuance of a business license, when the following provisions are met:

a.

A minimum of two hundred square feet of living area shall be provided per adult resident.

b.

One parking space shall be provided per adult resident. A maximum of two spaces may be provided in tandem to other required parking spaces (such as in a driveway to a garage), when no more than one vehicle is parked behind one other vehicle and no more than fifty percent of the front setback area is paved.

c.

A minimum of two bathrooms, each including either a bathtub or shower, shall be provided.

5.

In any R zone, the following uses when located within a locally designated historical landmark:

a.

Professional offices (including medical).

b.

Retail sales when such sales are found to be compatible with the historical status of the building. Accessory manufacture of crafts for sale on site may be permitted when no special equipment or materials incompatible with the residential neighborhood are needed.

c.

Bed and breakfast inns.

d.

Restaurant.

e.

Apartments or condominiums.

The parking requirements for such uses may be modified through the conditional use permit review in accordance with Section 24.04.020I.

6.

Wireless communications facilities, either freestanding or attached to a building or structure, shall be subject to the requirements of the urban design program and approval by the design review board and city council in accordance with Resolution No. 15540, as well as approval of a conditional use permit. Conditional use permits for wireless communications facilities shall expire ten years from the date of approval, unless amended or extended by the planning commission.

Facilities (consisting of a single antenna) under three feet in width and height and located no higher than five feet above the building roofline are exempt from this review when serving residential uses on the subject property.

D.

Permitted Accessory Uses and Structures. Accessory uses and structures are those which are subordinate, clearly incidental and customarily appropriate to the operation of the principal use and are permitted in all residential zones. Those permitted accessory uses and structures shall be limited to:

1.

Accessory structures including: garages, carports for vehicles, and swimming pools; those structures used in landscaping and beautification of the building site including storage sheds, arbors, trellises, fences and flagpoles; and

a.

Temporary fabric shade structures assembled with non-permanent fasteners and without a foundation that comply with the following standards:

(1)

Only one permitted on a lot developed with a single-family residence.

(2)

The structure shall be no larger than four hundred square feet in size.

(3)

The structure shall not block or cover a required vehicle access easement, driveway, garage, carport, or required off-street parking.

(4)

The structure must comply with the height limit for detached accessory structures.

(5)

The structure must comply with all applicable building and fire safety requirements, and development standards as approved by the city. The property owner shall certify that they are abiding by the requirements and development standards.

(6)

The structure shall be maintained on the property for a maximum period of ninety consecutive days in a twelve-month period.

(7)

The structure may not encroach in any required setback. Exception: The structure may be located within a setback and anywhere else on the lot for special events not to exceed a total of forty-eight hours within any seven day time period. No other setback exceptions shall apply.

(8)

The structure may not be located in a front yard area as defined by Section 24.01.100. EXCEPTION: The development standards set forth above shall apply except as modified by approval of a special permit by the planning commission for the following: 1) exceeding the maximum ninety-day time period; 2) encroaching in setbacks or front yard areas; or 3) exceeding the size and height limitations.

b.

Conventional (open-grid or open-wire) television/radio receiving antennas, and satellite dish antennas which comply with the following standards:

(1)

Maximum dish diameter shall not exceed twelve feet.

(2)

Maximum overall height of fifteen feet from base to top of the antenna and all ancillary equipment in an operative position.

(3)

Dish antennas must be ground mounted.

(4)

Dish antennas must not be located between a building and an exterior property line abutting a public right-of-way (i.e., not located in front yards). This shall not preclude locating dish antennas in side yards of corner lots, rear yards of through lots, or other locations generally not visible from an adjacent street.

(5)

Dish antennas shall not be located within a required setback area from primary structures within the underlying zone district.

(6)

The area within which the antenna is located must be enclosed by a solid fence or wall of five to six feet in height (an existing perimeter backyard fence can be used to meet this requirement).

(7)

A maximum of one satellite dish antenna per residential lot.

(8)

Landscaping shall be installed in close proximity to the satellite dish antenna to screen the nonreceiving side of an antenna which will be clearly visible from an adjacent property. Landscaping materials installed to meet this requirement shall be of a size, type, quality, and located to reasonably screen the antenna within a three-year time period from the date of installation.

(9)

All dish antennas over three feet in diameter shall obtain a building permit as required by the building division.

(10)

Satellite dish antennas three feet in diameter or less shall be exempt from the screening requirements and may be located on a roof provided they are not greater than five feet above the height of the roof on which they are mounted.

(11)

All proposed dish antennas which do not comply with the above standards shall require a conditional use permit as provided in Section 24.05.020(D)(8)(d).

2.

In zones R2, R3 and RB zones, for the sole use and pleasure of the family occupying the premises, animals may be kept as follows, subject in addition to all applicable limitations and regulations of Title 8:

a.

Two adult dogs per multi-family dwelling unit and up to five adult dogs for a single-family dwelling unit.

b.

Two adult cats per dwelling unit. The number of adult cats may be increased, to a maximum of ten, if those cats exceeding the first two are spayed or neutered.

c.

Two adult potbellied pigs per dwelling unit.

d.

Ordinary household pets (no limits except for those listed above).

d.

Ordinary household pets (no limits except for those listed above).

e.

There shall be no boarding or keeping of animals for others.

f.

In the R2 and R3 zones only, on lots developed with one single-family residence, a minimum of two chickens, excluding roosters, per two thousand square feet of lot area, up to a maximum of twenty. Enclosures shall be covered and comply with all setback requirements and located no less than twenty-five feet from any neighboring dwelling unit. Feed shall be stored in a secured sealed container. For purposes of this section, "enclosure" shall mean any covered structure in which chickens are kept. The area of a lot shall be computed pursuant to Section 24.01.100 of this code.

3.

In zones R1E, R1R, R1S, R1, and R1A, for the sole use and pleasure of the family occupying the premises, animals may be kept as follows, subject in addition to all applicable limitations and regulations of Title 8:

a.

Two adult dogs per multi-family dwelling unit and up to five adult dogs for a single-family dwelling unit.

b.

Two adult cats per dwelling unit. The number of adult cats may be increased, to a maximum of ten, if those cats exceeding the first two are spayed or neutered.

c.

Two adult potbellied pigs per dwelling unit.

d.

Ordinary household pets (no limits except for those listed above).

e.

A minimum of two chickens, excluding roosters, per two thousand square feet of lot area, up to a maximum of twenty. Enclosures shall be covered and comply with all setback requirements and located no less than twenty-five feet from any neighboring dwelling unit. Feed shall be stored in a secured sealed container. For purposes of this section, "enclosure" shall mean any covered structure in which chickens are kept. The area of a lot shall be computed pursuant to Section 24.01.100 of this code.

f.

In the R1R and R1E zones only, the following additional animals may be kept:

(1)

Bees may be kept in conformance with the regulations of San Diego County Department of Agriculture.

(2)

On lots over one-half acre in size, one horse, goat, or sheep.

g.

There shall be no boarding or keeping of animals for others.

4.

In Zones R1E, R1R, R1S, R1, and R1A, for the sole use and pleasure of the persons occupying the premises, racing or homing pigeons may be kept as follows, subject in addition to all applicable limitations and regulations of Title 8 (excepting therefrom location requirements with respect to specific distances from adjoining residences):

a.

The number of birds may not exceed one hundred.

b.

The birds shall be kept confined in aviaries except when exercising for short periods.

c.

The aviaries shall observe the setbacks required for principal buildings within the zone, but in no case be located within thirty feet of any residence on an adjoining lot.

d.

The owner shall be affiliated with a certified racing pigeon club or organization.

e.

The cages and food supplies shall be kept clean and clear of pests.

5.

Uses customarily enjoyed by a family such as gardening, horticulture, and hobbies. Hobbies shall not be construed to mean the manufacture of goods or services provided in connection with a home occupation or any use set forth in paragraph 7 below.

6.

Fences, walls and retaining walls, as per the development standards of this chapter.

7.

Home occupations operated by residents of the property, conducted wholly within the dwelling unit.

8.

Accessory Dwelling Units, Attached and Detached.

a.

Development and Use Standards.

i.

One attached or one detached accessory dwelling unit may be permitted in conjunction with an existing or proposed dwelling on lots zoned for single-family or multifamily residential use.

ii.

The floor area of an attached or detached accessory dwelling unit shall not exceed one thousand two hundred square feet.

iii.

An additional five percent of lot coverage above that established for the underlying zoning designation shall be allowed for accessory dwelling units only for lots of ten thousand square feet or less and where there is an existing single-family residence.

iv.

An accessory dwelling unit may be permitted on the same lot as a junior accessory dwelling unit.

v.

Except as provided herein, attached and detached accessory dwelling units shall comply with the development standards of the underlying zone and/or overlay zone, and all other ordinances, regulations, and policies, applicable to the development of residential dwelling units.

vi.

No lot coverage limitation, front setback, minimum open space requirement, or minimum lot size requirement shall preclude the development of an accessory dwelling unit that is at least eight hundred square feet in area with side and rear setbacks of not less than four feet, provided that all other development standards are met.

vii.

Except as provided herein, attached and detached accessory dwelling units shall comply with all local building and fire code requirements, as appropriate.

viii.

Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

ix.

Projects solely proposing the development of an accessory dwelling unit shall be exempt from public right-of-way dedication and improvement requirements.

b.

Setbacks for Accessory Dwelling Units.

i.

Except as provided herein, attached and detached accessory dwelling units shall comply with the setbacks required for the primary dwelling as established by the underlying zoning designation or overlay zone, as applicable.

ii.

Notwithstanding the setbacks established by the underlying zoning designation or overlay zone, attached or detached accessory dwelling units shall have a setback of not less than four feet from side and rear property lines, or from the interior edge of adjacent access easements, whichever is more restrictive, except where the underlying zoning allows a lesser setback.

iii.

Any accessory dwelling unit that is created by new construction, including additions to existing structures, that does not comply with the setbacks established by the underlying zoning designation or overlay zone shall be maintained as an accessory dwelling unit and shall not be converted to or used for any other purpose without express authorization of the city.

iv.

Building appendages for accessory dwelling units shall comply with Municipal Code Section 24.05.030G.

c.

Historical Sites and Districts.

i.

An accessory dwelling unit may be allowed on designated historical sites and within historical districts provided that the location and design of the accessory dwelling unit meets corresponding historical preservation requirements in place at the time the accessory second dwelling unit is built and complies with the requirement of this section.

ii.

Detached accessory dwelling units shall be located behind the primary residence and/or historic structure.

iii.

The construction of the accessory dwelling unit shall not result in the removal of any other historically significant accessory structure, such as garages, outbuildings, stables or other similar structures.

iv.

The accessory dwelling unit shall be designed in substantially the same architectural style and finished materials composition as the primary residence or historic structure.

v.

Construction of an accessory dwelling unit shall not result in demolition, alteration or movement of the primary residence/historic house and any other on-site features that convey the historic significance of the house and site.

vi.

If the historic house/site is under a Mills Act contract with the city, the contract shall be amended, as needed, to authorize the introduction of the accessory dwelling unit on the site.

d.

Overlay Zones.

i.

The requirements of Municipal Code Chapter 24.09, Scenic Preservation Overlay Zone, shall apply to the development of accessory dwelling units, except that planning commission review shall not be required for a project that solely proposes an accessory dwelling unit.

ii.

Projects proposing solely the development of an accessory dwelling unit shall not be subject to the requirements of Municipal Code Chapter 24.11, Urban Design Overlay Zone, or the requirements of the Urban Design Program.

iii.

The requirements of Municipal Code Chapter 24.13, Hillside Overlay Zone, shall apply to the development of accessory dwelling units, except that planning commission review shall not be required for a project that solely proposes an accessory dwelling unit.

iv.

Within the Bowling Green Overlay Zone, any tree that was required to be planted pursuant to Municipal Code Section 24.17.030D that is disturbed by a project to construct an accessory dwelling unit shall be preserved in place, or replaced in kind on the subject property if disturbed by the project.

e.

Notwithstanding subsections a. through d. above, a building permit shall be ministerially approved for accessory dwelling units in a residential or mixed-use zone when it falls into one of the four categories listed below as provided by California Government Code section 65852.2(e):

i.

One accessory dwelling unit on a lot with an existing or proposed single-family dwelling created from converting existing or proposed space within a single-family dwelling, or existing accessory structure, provided that the accessory dwelling unit has exterior access from the existing or proposed single-family dwelling and setbacks are sufficient for fire safety as determined by the fire marshal or the building official. Accessory dwelling units converted from an existing accessory structure may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure solely for the purpose of accommodating ingress and egress.

ii.

One detached, new construction, accessory dwelling unit on a lot with an existing or proposed single-family dwelling, provided that the accessory dwelling unit is at least eight hundred square feet in area, has side and rear setbacks of not less than four feet, and complies with the maximum height limitations of the underlying zoning district.

iii.

One or more accessory dwelling units on a lot with an existing multifamily dwelling converted from non-livable space (including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages), provided that each unit complies with state building standards. The greater of one accessory dwelling unit or accessory dwelling units totaling not more than twenty-five percent of the existing dwelling units in a multifamily dwelling structure may be permitted on lots with existing multifamily dwelling structures in any residential or mixed-use zone.

iv.

Up to two detached accessory dwelling units located on a lot with an existing or proposed multifamily dwelling, provided that each unit has side and rear setbacks of not less than four feet and complies with the height limitations of the underlying zoning district. The two accessory dwelling units allowed by this subsection may be created from converting space within an existing accessory structure that is detached from the primary residential structure(s), provided that setbacks are sufficient for fire safety as determined by the fire marshal or the building official. If the existing multifamily dwelling has a rear or side setback of less than four feet, modifications to the existing multifamily dwelling shall not be required.

f.

Parking.

i.

New or additional parking spaces shall not be required for the creation of accessory dwelling units.

ii.

Where provided, parking spaces for accessory dwelling units shall comply with Chapter 24.04 (Parking) of the Municipal Code, including, but not limited to, the design requirements of the parking standards adopted by city council resolution no. 17128, or as those standards may be amended or modified by city council action.

iii.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, any required parking spaces removed shall not be required to be replaced.

g.

Utilities.

i.

Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, except that an accessory dwelling unit proposed to be constructed with a new single-family residence may be considered a new residential use for the purposes of calculations connection fees or capacity charges.

ii.

For an accessory dwelling unit that is contained wholly within the space of an existing or proposed single-family residence or an existing accessory structure, plus any expansion of the accessory structure as allowed by Section 24.05.020D8e(i), has independent exterior access from the existing residence and the side and rear setbacks are sufficient for fire safety, no new or separate utility connection directly between the accessory dwelling unit and the utility shall be required and no related connection fee or capacity charge shall be imposed, unless the accessory dwelling unit is proposed to be constructed with a new single-family residence.

iii.

For an accessory dwelling unit that does not meet the criteria of Municipal Code Section 24.05.020D8c(ii) and where the physical characteristics of the lot on which the accessory dwelling unit is proposed preclude connection to the existing utility connection of the primary dwelling, a new or separate connection directly to the utility shall be required and related connection fees and capacity charges shall be imposed.

iv.

For attached or detached accessory dwelling units constructed on the same lot as an existing multifamily dwelling structure as described in Section 24.05.020D8e(iii) and (iv), a new or separate utility connection may be required between the accessory dwelling unit and the utility. The connection may be subject to a connection fee and/or capacity charge.

v.

Connection fees and capacity charges shall be imposed for accessory dwelling unit projects that voluntarily propose a new or separate connection directly between the accessory dwelling unit and the utility.

vi.

When connection fees and/or capacity charges are imposed, the fee and/or charge shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its area or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code, upon the water or sewer system. The fee and/or charge shall not exceed the reasonable cost of providing this service.

vii.

Prior to approval of an accessory dwelling unit on properties with a private sewage system, approval by the County of San Diego Department of Environmental Health, or any successor agency, shall be required.

h.

Permit and Review Requirements.

i.

Not more than one attached accessory dwelling, one detached accessory dwelling unit, and one junior accessory dwelling unit shall be permitted on a lot with an existing or proposed single-family dwelling.

ii.

Not more than two detached, new construction accessory dwelling units shall be permitted on a lot with an existing or proposed multifamily dwelling.

iii.

Applications for accessory dwelling units conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing, and the city shall approve or deny such applications within sixty calendar days after receiving the application, if there is an existing single-family or multifamily dwelling on the lot. If a permit application for an accessory dwelling unit is submitted with an application for a new single-family or multifamily dwelling on the same lot, approval or denial of the accessory dwelling unit shall be delayed until the city approves or denies the permit application for the single-family or multifamily residence. If the applicant requests a delay, the sixty-day time period shall be extended for the period of the delay.

iv.

The correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit shall not be required for approval of a building permit for an accessory dwelling unit.

v.

No impact fees shall be imposed for an accessory dwelling unit that is less than seven hundred fifty square feet in area. Any impact fees charged for an accessory dwelling unit that is seven hundred fifty square feet in area or greater shall be assessed proportionately in relation to the square footage of the primary dwelling unit. "Impact fee" as used herein does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

vi.

Any demolition permit required for or associated with an application for construction of an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.

vii.

A certificate of occupancy for an accessory dwelling unit shall not be issued before issuance of a certificate of occupancy for the primary dwelling.

viii.

At the request of the owner of an accessory dwelling unit, enforcement of state building standards related to the accessory dwelling unit shall be delayed, subject to compliance with Section 17980.12 of the Health and Safety Code, provided that the accessory dwelling unit was built prior to January 1, 2020.

ix.

Accessory dwelling units shall not be considered in the application of any ordinance, policy, or program to limit residential growth.

i.

Conveyance and Rental.

i.

The rental of an accessory dwelling unit created under Section 24.05.020D8e shall be for terms longer than thirty days.

ii.

An accessory dwelling unit shall not be sold or otherwise conveyed separately from the primary residence, but may be rented.

iii.

An accessory dwelling unit may be sold or conveyed separately from the primary residence to a qualified buyer provided that all of the following apply:

(1)

The ADU or primary dwelling was built or developed by a qualified nonprofit corporation.

(2)

There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.

(3)

The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:

(a)

The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies.

(b)

A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the property if the buyer desires to sell or convey the property.

(c)

A requirement that the qualified buyer occupy the property as the buyer's principal residence.

(d)

Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved for low-income housing for forty-five years for owner-occupied housing units and will be sold or resold to a qualified buyer.

(4)

If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following:

(a)

Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant's obligations to each of the other cotenants have been satisfied.

(b)

Delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.

(c)

Procedures for dispute resolution among the parties before resorting to legal action.

(5)

A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the Office of the San Diego County Recorder. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.

(6)

Notwithstanding Section 24.05.020D8c, if requested by a utility providing service to the primary residence, the accessory dwelling unit shall have a separate water, sewer, or electrical connection to that utility.

j.

For the purposes of this section, the following definitions apply:

i.

"Accessory dwelling unit" shall be as defined in Municipal Code Section 24.01.100.

ii.

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

iii.

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

iv.

"Objective standards" means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

v.

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

vi.

"Public transit" shall mean 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.

vii.

"Qualified buyer" means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.

viii.

"Qualified nonprofit corporation" means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

9.

Junior Accessory Dwelling Units:

a.

One junior accessory dwelling unit may be permitted in conjunction with an existing or proposed single-family residence on lots zoned for single-family or multifamily residential use.

b.

A junior accessory dwelling unit may be permitted on the same lot as one accessory dwelling unit.

c.

A junior accessory dwelling unit shall not be sold separately from the primary residence.

d.

A junior accessory dwelling unit may be rented, but only with a rental agreement with terms greater than thirty days.

e.

The owner of a lot with a junior accessory dwelling unit shall occupy as a principal residence either the primary dwelling or the junior accessory dwelling unit, except where the primary dwelling and junior accessory dwelling are held by an agency such as a land trust or housing organization in an effort to create affordable housing.

f.

Junior accessory dwelling unit development standards:

(i)

A junior accessory dwelling unit shall not exceed five hundred square feet in total floor area.

(ii)

A junior accessory dwelling unit shall be contained entirely within an existing or proposed single-family residence. Attached, enclosed uses, including garages, are considered a part of the proposed or existing single-family residence. For purposes of this subsection, "attached" shall mean that the enclosed use shares a common wall with interior, habitable living space of the primary dwelling unit.

(iii)

A junior accessory dwelling unit shall be provided with a separate exterior entry.

(iv)

A junior accessory dwelling unit shall include an efficiency kitchen, with the following components:

(1)

A cooking facility with appliances.

(2)

A food preparation counter and storage cabinets that are reasonable to the size of the unit.

(v)

No additional parking shall be required for a junior accessory dwelling unit other than that required when the existing primary residence was constructed.

(vi)

A junior accessory dwelling unit may share bathroom/sanitation facilities with the primary residence or may provide separate facilities. If the junior accessory dwelling unit shares sanitation facilities with the primary residence, an interior entry to the primary residence's main living area shall be maintained to provide access to the sanitation facilities.

g.

Except as provided herein, a junior accessory dwelling unit shall comply with all local building and fire code requirements, as appropriate.

h.

The correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit shall not be required for approval of a building permit for a junior accessory dwelling unit.

i.

Junior accessory dwelling units shall not be required to provide fire sprinklers or fire attenuation specifications if they are not required for the primary residence. An inspection to confirm that the junior accessory dwelling unit complies with development standards may be assessed.

j.

No sewer or water connection fees shall be required for the development of a junior accessory dwelling unit. An inspection to confirm that the junior accessory dwelling unit complies with development standards may be assessed.

k.

Prior to issuance of a building permit for a junior accessory dwelling unit, a covenant shall be recorded between the owner and the city of La Mesa agreeing to the terms stipulated in this chapter. The covenant shall specifically mention that:

(i)

The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit.

(ii)

The junior accessory dwelling unit may be rented, but only with a rental agreement with terms greater than thirty days.

(iii)

The junior accessory unit is limited to the size and attributes set forth by this section.

(iv)

The owner of record of the property shall occupy the primary dwelling unit or the junior accessory dwelling unit, except where the primary dwelling and junior accessory dwelling are held by an agency such as a land trust or housing organization in an effort to create affordable housing.

(v)

The covenant shall be binding upon any successors in interest or ownership of the property and lack of compliance with the provisions thereof may result in legal action against the property owner, including revocation of the right to maintain a junior accessory dwelling unit on the property.

l.

Applications for junior accessory dwelling units conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing, and the city shall approve or deny such applications within sixty calendar days after receiving the application if there is an existing single-family dwelling on the lot. If a permit application for a junior accessory dwelling unit is submitted with an application for a new single-family dwelling on the same lot, the approval or denial of the junior accessory dwelling unit shall be delayed until the city approves or denies the permit application for the single-family residence. If the applicant requests a delay, the sixty-day time period shall be extended for the period of the delay.

m.

Projects solely proposing a junior accessory dwelling unit shall be exempt from the requirements for public right-of-way dedication and improvement.

10.

Accessory Uses and Structures by Conditional Use Permit:

a.

Tennis, handball or similar courts. (As part of the original construction of a PRD, condominium or apartment development, such court may be approved through the normal project review, providing the judgment is made that its location, lighting and use will not be disruptive to adjacent residential properties.)

b.

Columbarium cabinets with a capacity to store more than two hundred urns, in conjunction with a church use. All such cabinets shall only be installed inside enclosed buildings.

c.

The construction of large objects unrelated to the premises such as boats or airplanes on a one-time basis.

d.

Non-conventional antennas, and satellite dish antennas over three feet in diameter which do not comply with the provisions of Section 24.05.020.D.1.

11.

Commercial residential use within a detached single-family residence with six or fewer adult residents upon issuance of a business license, when the following provisions are met:

a.

A minimum of two hundred square feet of living area shall be provided per adult resident.

b.

One parking space shall be provided per adult resident. A maximum of two spaces may be provided in tandem to other required parking spaces (such as in a driveway to a garage), when no more than one vehicle is parked behind one other vehicle and no more than fifty percent of the front setback area is paved.

c.

A minimum of two bathrooms, each including either a bathtub or shower, shall be provided.

12.

Unattended storage containers for recyclable materials occupying less than fifty square feet located on the premises of residential property and used solely for the recycling of material generated by the residential property, or unattended storage containers for recyclable materials on permitted institutional uses in residential districts for the donation of recyclable materials for noncommercial purposes. Such storage containers shall be located in the general vicinity of other trash collection facilities on the site.

13.

Small family day care homes located in a single-family residence.

14.

Large family day care homes located in a single-family residence when the following criteria are met:

a.

A minimum of one off-street parking stall shall be provided for the unloading/loading of children.

b.

All outdoor play areas shall be enclosed within a minimum four-foot high fence.

c.

A plot plan shall be furnished to the planning department with the business license application clearly showing how items a. and b. are being met.

d.

The fire department has conducted an inspection of the property prior to issuance of the business license to ensure that all Fire Codes applicable to such a facility are being met.

15.

Columbarium cabinets or columbaria, with a capacity limited to store two hundred urns or less, in conjunction with a church use. All such cabinets shall only be installed inside enclosed buildings.

16.

Exterior lighting shall be compatible with residential use. All lighting shall be designed, installed and maintained to project the light primarily on the owner's property. This may require the use of shields, and may limit the location, type and height of light fixtures. Any light falling on adjacent properties shall be minimal and incidental. Lighting shall be focused directly on the owner's property, and shall not be focused on adjacent properties.

(Ord. 2263; May 19, 1981: Ord. 2421 §§ 2, 3; March 11, 1986: Ord. 2446 § 1; January 27, 1987: Ord. 2484 § 2; November 10, 1987: Ord. 2528 § 1; June 13, 1989: Ord. 2557 §§ 3, 4; March 27, 1990: Ord. 2569 §§ 1, 2; January 22, 1991: Ord. 2583 §§ 3, 4; June 11, 1991: Ord. 2598 § 2; March 24, 1992: Ord. 2600 §§ 16-18; April 28, 1992: Ord. 2643 §§ 2, 3; May 24, 1994: Ord. 2646 § 1; June 28, 1994: Ord. 2658 §§ 1—3; May 9, 1995: Ord. 97-2684 §§ 2—7; October 14, 1997: Ord. 2001-2714 § 2; November 13, 2001: Ord. 2002-2720 § 1 (part); June 11, 2002: Ord. 2002-2723 § 2; September 24, 2002: Ord. 2003-2736 § 1; October 14, 2003: Ord. 2003-2741 § 1; November 12, 2003: Ord. 2003-2743 § 1; November 25, 2003: Ord. 2014-2832 §§ 2—4; April 8, 2014: Ord. 2016-2845 §§ 2, 3; February 9, 2016; Ord. 2019-2865, §§ 2C, D, March 12, 2019; Ord. 2019-2866, § 2C, March 12, 2019; Ord. 2020-2877, § 1, January 28, 2020; Ord. 2020-2879, § 2C, D, April 14, 2020; Ord. 2020-2880, § 2A, April 14, 2020; Ord. 2022-2894, § 6, February 8, 2022; Ord. No. 2023-2903, §§ 2B, C, March 14, 2023; Ord. No. 2023-2904, § 2, March 14, 2023; Ord. 2024-2912, § 1, August 13, 2024)

This section provides for an increase in the allowed density of residential development under the R3 and RB Zones. By discretionary, individual project review, the required minimum building site area per dwelling unit for a residential project under these zones may be decreased from two thousand four hundred twenty square feet to one thousand eight hundred ninety-five square feet, according to the procedures and allowances of this section. The intent of this section is to allow increased density as an incentive, in return for provision of specified project features and amenities as set forth herein. This section also addresses the provision of a low and moderate-income housing density bonus in any zone that permits residential use.

A.

Bonus Prerequisites. Projects which are intended to earn an increase in density under the provisions of this section shall be subject to site design and architectural review and approval, by the design review board in accordance with the urban design program and procedures, adopted by city council Resolution Nos. 15539 and 15540.

B.

Bonus Point System. The "base" density allowance is hereby defined as the requirement of at least two thousand four hundred twenty square feet of building site area per dwelling unit. Residential projects shall be allowed to earn a reduction in this requirement by earning points as set forth below. The total point score of a project shall be subtracted from two thousand four hundred twenty to result in a final requirement of square footage of building site area per dwelling unit for that project. The maximum total point score allowed to be earned for any project shall be five hundred twenty-five.

C.

Bonus Categories. Density bonus points may be earned under any one, or any combination of all, of the following categories.

1.

Provision of Extra Recreation and Leisure Open Space. Bonus points shall be earned for provision of recreation and leisure open space above the minimum requirement established in Section 24.05.030(H). For purposes of calculating the minimum requirement, all project units, including those allowed by earning a density bonus, shall be included. The ratio of points earned per amount of open space, and the maximum points allowed under this category, are as specified in subsection D (below), Table of Density bonus Points per Category. All development standards for common and private open space as specified under Section 24.05.030(H) shall continue to apply.

2.

Provision of Extra Parking. Bonus points shall be earned for provision of off-street parking spaces or stalls above the minimum number required under Chapter 24.04. For purposes of calculating the minimum requirement, all project units, including those allowed by earning a density bonus, shall be included. The ratio of points earned per amount of extra parking, and the maximum points allowed under this category are as specified in subsection D, Table of Density bonus Points per Category. All development standards for parking as specified by this title shall continue to apply. Extra parking may be either assigned to dwellings or made available as guest/delivery parking, however, no more than two parking spaces or stalls may be assigned to a dwelling unit for purposes of earning bonus points.

3.

Provision of Enclosed Parking. Bonus points shall be earned for enclosing parking completely within a garage, or in a basement or first floor of a principal structure. The ratio of points earned per amount of parking enclosed and the maximum points allowed under this category are as specified in subsection D, Table of Density bonus Points per Category. For purposes of calculating the percentage of parking enclosed, all off-street parking provided shall be considered. All development standards for parking, as specified by this title, shall continue to apply. In no case shall guest/delivery parking be enclosed. For purposes of earning bonus points, at least fifty percent of all parking provided shall be enclosed before points shall begin to be earned.

4.

Provision of Family Housing. Bonus points shall be earned for providing a percentage of total project dwelling units with three or more bedrooms each, each of which also is at least one thousand square feet in gross floor area. For purposes of calculating the percentage of such units, all project units, including those allowed by earning a density bonus, shall be included. The ratio of points earned per percent of such units and the maximum points allowed under this category are as specified in subsection D, Table of Density bonus Points per Category.

5.

Housing for the Physically Handicapped. Two hundred ten bonus points shall be earned for satisfying all design and construction standards of the California Administrative Code, Part 2, Title 24, Handicap Requirements.

D.

Table of Density Bonus Points per Category. The following table establishes the point value, or amount of points to be earned, in return for a specified amount of amenity under each density bonus category, and the maximum points allowed to be earned under each category. The regulations of subsection C (above) shall be used in calculating point scores according to these values.

TABLE OF DENSITY BONUS POINTS PER CATEGORY

E.

Provision of the Low/Moderate Income Housing Density Bonus

1.

A Low/Moderate Income Housing Density Bonus will be provided in accordance with the provisions of California State Law, Government Code, Section 65915, in any zone that permits residential use. Compliance with this section shall be implemented as set forth below.

(a)

Proposals for a Low/Moderate Income Housing Density Bonus shall be considered in accordance with the procedures specified in this chapter.

(b)

A request for incentives or concessions regarding development standards or design considerations shall be subject to site development plan review and urban design review and approval by the design review board.

(c)

A request for financial incentives for an affordable housing development shall be considered by the legislative body.

2.

Guarantee of Occupancy of Low/Moderate Income Units.

(a)

Projects which qualify for a density bonus by provision of units for low-and-moderate or lower income households, shall be subject to the provisions of this paragraph to guarantee the occupancy of such units by income-restricted households.

(1)

Renter-Occupied Units—Recordation of Deed Restrictions. Projects which are exclusively renter-occupied shall, prior to final inspection by the city building department, have recorded a deed restriction which has been approved by the planning department, which guarantees that the specified number of dwelling units will be occupied by the intended low-or-moderate or lower income households, at rental rates affordable to such households. Such deed restriction shall include such provisions as may be required by city council adoption of "supplementary rules for deed restrictions for rental of low-or-moderate and lower income dwelling units."

(2)

Owner-Occupied Units—Recordation of Deed Restrictions. "Community housing projects" as defined in Title 22, Subdivisions, shall have a deed restriction recorded with the final subdivision map which has been approved by the planning department, which guarantees that the specified number of dwelling units will be occupied by the intended low-or-moderate or lower income households, at rental or purchase prices affordable to such households. For such units designated to be exclusively renter-occupied, the deed restriction shall include such provisions as may be required by city council adoption of "supplementary rules for deed restrictions for rental of low-or-moderate and lower income dwelling units." For such units designated to be owner-occupied, the deed restriction shall include such provisions as may be required by city council adoption of "supplementary rules for deed restrictions for owner-occupied low-or-moderate or lower income dwelling units.

(Ord. 2351; April 26, 1984: Ord. 2480 § 1; October 27, 1987: Ord. 2737 § 1; October 14, 2003)

Whenever a property contains a locally designated historical landmark, the number of dwelling units permitted on a parcel under the site's zoning designation may be increased by one dwelling unit. This density bonus unit may be permitted in any R Zone except in an R1 Zone where the property already contains a single-family dwelling unit and an accessory dwelling unit. The resulting density shall be considered consistent with the corresponding General Plan Land Use Element Map Designation density guidelines.

(Ord. 2583 § 5; June 25, 1991).

All structures and uses within all residential zones shall be subject to the provisions and requirements of this chapter. All buildings and structures shall be located in accordance with setback requirements except as provided in the approval of a Planned Residential Development, and shall not exceed the maximum height specified. All lots created pursuant to Title 22 shall have minimum dimensions given in subsection B below with the exception of a Planned Residential Development for which a site plan has been approved as per this Chapter. Panhandle or easement access lots shall meet the additional requirements set forth in Title 22.

A.

GENERAL RULES AND DEFINITIONS. The following definitions and rules apply to the creation of lots and the buildings which may be constructed on them. Setbacks and height limitation requirements are for the purpose of providing minimum requirements for the location and the maximum height of all buildings and structures other than fences. "Setbacks" have no relation to the front, side or rear of the building. "Setback" means the distance the structure is located (setback) from a building site boundary.

B.

TABLE OF DIMENSIONS FOR BUILDING SITES OR LOTS/MINIMUM SETBACKS/AND MAXIMUM HEIGHT REQUIREMENTS FOR STRUCTURES OTHER THAN FENCES.

Notes: Irrespective of these requirements the following shall apply:

*1) Front Setback. 20 feet for garage if driveway less than 20 feet long would result. A driveway is measured from the property line side of the sidewalk or from the edge of a required access driveway easement.

**2) Side and Rear Setbacks. Any building or portion of a building containing an auditorium or other place of public assembly shall be required to have minimum side and rear setbacks of 50 feet unless the design of such building adequately provides for the attenuation of noise from such facility.

***3) Heights of Buildings.

a.

The maximum height of buildings in Zones R3 and RB, and buildings for which a conditional use permit or site development plan is required may be increased by special permit.

b.

The maximum height of a detached accessory structure shall be one story not to exceed fifteen feet, except by special permit. This limitation shall not apply to the construction or permitting of accessory dwelling units.

c.

The maximum height of structures shall be altered as follows:

1.

If a building site is filled to more than three (3) feet above natural grade, the maximum height for a building within 30 feet of property line shall be reduced by the difference between the natural grade and "grade" as defined in the Uniform Building Code.

2.

If the average natural slope of a building site is 25% or more, the maximum height for a building shall be as follows:

a.

For a building site which slopes upward from the street: 15 feet, measured from the average natural grade within 5 feet of the building wall at the highest elevation of its foundation, to the highest point of the building.

b.

For a building site which slopes downward from the street: 15 feet, measured above the average grade at back-of-sidewalk to the highest point of the building.

°****4) Coverage. All buildings, including accessory buildings and structures shall cover not more than forty percent of the lot area.

*****5) Panhandle and Easement Access Lot Setbacks for Single-Family Zones. All front, side and rear setbacks for panhandle and easement access lots (those without frontage on a public street) in all single-family zones except R1E Zones shall be equal to the front setback dimension required under the lot's zoning designation. The setback shall be measured from all property lines and from the interior edge of a required access driveway easement, whichever is greater.

******6) Panhandle and Easement Access Lot Size Requirement for Single-Family Zones. The minimum lot size requirements for lots created by minor subdivisions which utilize panhandle or easement access driveways in all single-family zones except R1E Zones shall be increased by the following ratios:

7) When an existing legal residential structure on a lot within the R1, R1A, R1S, R1R, or R1E zone has nonconforming setbacks under the current zoning designation, new construction of single-story additions may observe reduced setbacks equal to the existing setbacks of the nonconforming structure subject to the following conditions:
a. The addition shall match the architecture, materials, colors, and roof style of the existing residence.
b. The resulting setback shall not be less than the current setbacks for the R1 zone.

(Added by Ordinance No. 2248, adopted by city council, December, 1980)

8) The minimum lot size for an urban lot split is 1,200 square feet as per Section 22.045.010D.

C.

Minimum Court Width or Distance Between Buildings. The minimum distance between building walls around a court or between buildings on the same building site shall be one-half the total height of both buildings or opposite portions of the building forming a court, plus four feet for each opposite building wall exceeding one hundred feet in length; provided: (1) buildings located in a corner-to-corner position where building walls do not overlap and are situated approximately perpendicular to each other may be spaced ten feet apart; and (2) a building wall having vehicular entrance shall be located not less than thirty feet from the opposing wall. Exceptions—The following exceptions apply:

a.

The minimum distance between a one- or two-family dwelling and its accessory building or between such accessory buildings may be reduced to six feet if there is no conflict with subsection (C)(2) of this section.

b.

If there are no windows in either opposing wall and there is no conflict with subsection (C)(2) of this section, the minimum distance shall be as permitted in the Uniform Building Code.

c.

Appendages to buildings may project into required court widths or building separations, as provided in this section.

d.

Structures strictly for landscaping purposes may be located between buildings.

e.

Other exceptions to minimum court width or distance between buildings may be granted by the design review board in conjunction with their review of multifamily residential or mixed-use development. In no case shall the distance between buildings be less than the minimum required by the Uniform Building Code.

(Ord. 2005-2758 § 1; June 14, 2005)

D.

Height Exceptions. The following exceptions to height limits for structures other than fences, nonbuilding walls, and retaining walls shall be permitted:

1.

Roof structures for the housing of elevators, stairways, air conditioners or similar equipment required to operate and maintain the building provided such structures are architecturally compatible with the design of the building;

2.

Chimneys, flagpoles and steeples;

3.

Radio and television antennas, accessory to dwellings; amateur radio antennas and commercial antenna structures as permitted.

E.

Front Setback Exceptions. A front setback may be reduced as follows:

1.

Where a lot adjoins one or more lots having a dwelling with a setback less than prescribed in the zone in which it is located, the required front setback for the subject lot may be reduced to the average of those existing on each side, or, if only one exists, the average of the existing front setback and the required setback. This exception shall not relieve the requirement for a twenty-foot long driveway.

2.

Where the average slope of that portion of a building site within forty feet of the street or road on which it has frontage exceeds twenty-five percent the front setback for one- or two- family dwellings and accessory parking structures may be reduced in the ratio of two feet for each one percent of slope exceeding twenty-five percent, subject to the following conditions:

a.

Such slope shall not be created by grading;

b.

Such reduction shall not reduce the front setback for a dwelling to less than five feet;

c.

Such reduction for a parking structure shall be allowable only if its vehicular entrance is constructed within a wall opposite a side lot line.

3.

An attached or detached parking structure is for a one- or two- family dwelling with direct entrance to a street or road shall qualify for the same front setbacks as the principal building if the length of the driveway between the sidewalk and garage entrance is not less than twenty feet long.

4.

On a corner lot in zones R1A, R1, R1S, R1R, and R1E a reduction of the front setback of five feet shall be allowed from the lot line situated opposite the interior boundary designated by the builder as a side lot line, as provided in the definition of "rear setback" in this title.

5.

Appendages to buildings may project from buildings into the required front setback only as specified in this section.

F.

Side and Rear Setback Exceptions. A side or rear setback may be reduced as follows:

1.

An unenclosed subgrade swimming pool may encroach into a required side or rear setback. Any auxiliary pumping, heating or filtering equipment which encroaches into required side or rear yard must be adequately screened from view for the purposes of reducing noise to levels acceptable in the La Mesa Noise Ordinance.

2.

Detached accessory buildings, not exceeding thirty feet in length or width and with a front setback of seventy feet or more shall not be required to observe either a side or rear setback unless it has projecting eaves or other features. In such cases, projecting features shall have setbacks not less than four inches from the boundary and water runoff shall be controlled. On corner lots, such detached accessory buildings with setbacks of seventy feet or more from the primary front setback may observe a reduced rear yard setback equal to the side yard setback.

3.

Covered patios which are unenclosed, except for insect screens or temporary windscreens shall be allowed a rear setback equal to the required side setback.

4.

Appendages to buildings may project from buildings into required side and rear setbacks as provided in this section.

5.

Structures strictly for landscaping purposes may be located without regard to side or rear setbacks.

G.

General Setback or Spacing Requirement Exceptions for Building Appendages. The following appendages to buildings may project into required setbacks, court or building separations as follows:

1.

Architectural features may extend up to two feet.

2.

Bay windows and fireplaces up to ten feet wide may extend up to three feet provided the minimum front, side or rear setback thus resulting for these features is not less than three feet.

3.

Awnings (detachable, supported by building wall), eaves, cornices, balconies, fire escapes, and unenclosed porches or decks up to three feet in height with stairs, may extend: (i) up to one-sixth of the distance into a required minimum court or building separation; and (ii) up to one-third the distance into the required minimum setback; except this shall not apply to any balcony on an apartment building adjacent to any R1 zone boundary.

H.

Open Recreation Space Requirements. Recreation and leisure open space shall be provided for each residential development. The required minimum amount of recreation space is:

1.

Five hundred sq. ft. per unit for the first ten units;

2.

Four hundred sq. ft. per unit for units eleven through twenty;

3.

Three hundred sq. ft. per unit for units twenty-one and above.

The requirement for recreation space may not be satisfied through the utilization of required setbacks, parking areas, yards or building separation. One hundred s.f. of the required square footage per unit may be provided in private open space such as patios and balconies, however, such private open space must have a minimum area of seventy-two sq. ft. and a minimum dimension of six ft. Common open space may include game courts or rooms, play lots, putting greens, roof gardens, sundecks, swimming pools and similar areas which serve all the residents of the development, and shall not include man-made earth banks. In order to meet the requirements of this section, only fifteen percent of total required area may be counted within structures, and only fifteen percent of the required space may be provided on roofs. This requirement for recreation space shall not be construed to prescribe any specific type of recreation. This requirement reserves space for any kind of recreational use whether it be passive or active.

(Ord. 2312; May 12, 1983).

I.

Fences and Retaining Walls. The height of any fences or walls (including any combination of freestanding fence or wall on top of a retaining wall) shall be measured from the midpoint between the finished surface grades on both sides of the fence or wall, measured along sections not exceeding ten feet in length.

1.

Fences or walls within the minimum front setback for a principal building shall not exceed four feet in height. Fences or walls in any other location shall not exceed six feet in height. However, fences or walls of greater height may be allowed by special permit, where topographic or other conditions reduce the effectiveness of normal height fences for privacy. In no case shall a fence or wall in an area required for sight distance visibility exceed the height established by this chapter to maintain such visibility.

2.

Fences or walls are permitted as may be approved at the discretion of the building and planning departments as per Chapter 24.04 of this title for the purpose of separating recreational vehicle parking areas from adjacent properties and streets.

3.

Fences are permitted as necessary in conjunction with approved accessory uses, including tennis courts, handball courts, or similar recreational facilities, except within any required front or side setback.

4.

Fences are permitted as may be required in the approval of a site development plan to reduce the impact of the proposed development on adjoining present or future uses.

5.

Fences and guardrails which do not exceed the minimum specifications of the Uniform Building Code and which are required by that code shall be permitted.

6.

Retaining walls within any required minimum front, rear or side yard setback shall not exceed a height needed to retain (i) a fill of three feet or (ii) a cut of six feet.

7.

For corner lots which abut another corner lot which shares a common rear property line, fences up to six feet in height shall be allowed within the reduced front setback area. However, any such fence shall not exceed the maximum height established by Section 24.05.030N of this chapter for sight distance visibility.

J.

ENCLOSURES FOR EQUIPMENT REQUIRED. All equipment for operation of a building, including heating and air conditioning equipment and ducts shall be closed either (i) within the building, (ii) within a penthouse or similar roof enclosure or (iii) within a structure, subject to the same front, side and rear setback and spacing requirements for principal buildings. Such structures or enclosures shall be architecturally compatible with the principal building and designed to both screen their view from any person on the street or an adjacent site and to attenuate noise. Window type air conditioners shall not project beyond any required setback or space between buildings. In no case shall the collection surface of a solar collection device be required to be covered or otherwise shaded.

K.

GRADING. Any grading done in connection with development of residential properties shall be minimal and the resulting development will leave natural appearing landforms.

L.

SETBACK EXCEPTIONS FOR SUBSTANDARD LOTS. Notwithstanding the provisions of Section 24.05.040 E.3, substandard lots developed under previous zoning regulations may reduce the required setbacks to the original setbacks under which the lot was developed, provided the total coverage does not exceed forty percent of the lot area.

1.

Said reduction will equalize the required setbacks to no less than those of surrounding development.

2.

Said reduction does not result in a front setback less than that of adjoining lots having frontage on the same street.

3.

Said reduction will not provide a development privilege that could not be granted to a similar lot in the same zone and vicinity.

A notice of the Director's decision shall be sent to the owners of all property within three hundred feet of the boundary of the lot in question.

The decision may be appealed to the Planning Commission within fifteen days of the date of the mailed notice.

(Ord. 2248; December 25, 1980: Ord. 2600 § 19; April 28, 1992).

M.

DESIGN OF MOBILEHOMES/MANUFACTURED HOMES ON INDIVIDUAL LOTS. The exterior siding, roof overhang, roofing material of new single family residences certified under the National Mobilehome Construction and Safety Standards Act of 1974, which are placed on permanent foundations outside of mobilehome parks, shall be similar to those of the neighborhood in which they are constructed or installed.

N.

SIGHT DISTANCE VISIBILITY REQUIRED. Notwithstanding any other provision of this Title, no structure or facility shall be located as to interfere with sight distance necessary for the safe passage of vehicles and pedestrians. At the junction of two streets, alleys, driveways or any combination thereof, there shall be maintained triangular-shaped areas for sight distance purposes within which no structure, fence, shrub, parking, or other physical obstruction shall be allowed which is higher than thirty-six inches above the grade of the adjacent curb or edge of pavement. Such triangular areas shall be measured as follows: At a street/street or street/alley intersection, one angle shall be formed by extensions of the right-of-way lines at the intersection; two sides shall be measured back from this angle along the extensions a distance of fifteen (15) feet each; and the third side shall connect the ends of these two lines. Where an intersection involves private streets or driveways where there is no right-of-way line, the triangle shall be formed by a line(s) measured along the back of sidewalk, face of curb or edge of pavement.

O.

TRASH AND RECYCLING ENCLOSURES

1.

All residential properties shall provide areas for the storage of trash receptacles outside of the front setback area. All trash shall be stored in weather protected containers and screened from view.

2.

For multiple-unit projects containing five or more units, the following standards shall apply:

a.

Trash dumpsters shall be provided at a minimum ratio of one dumpster per every 20 dwelling units (or portion thereof) and shall be serviced as needed, but not less than once a week.

b.

All trash dumpsters shall be screened from view and stored within an approved trash enclosure constructed of solid masonry walls and solid gates which meets the standards provided by the refuse collection service. Trash enclosure walls and gates shall be constructed of decorative materials, subject to approval of the Community Development Department.

c.

All trash enclosures shall be large enough to contain a trash dumpster and an area for the storage of recyclable materials. Such recyclable materials storage areas shall be adequate in size to serve the development project. Storage areas shall be protected against adverse weather conditions which might render the collected materials unmarketable.

d.

There shall be a trash and recycling enclosure within one hundred fifty (150) feet of each dwelling unit.

3.

All trash and recyclable materials storage areas shall be maintained in a clean and orderly fashion at all times.

(Ord. 2577 §§ 3, 4; June 11, 1991: Ord. 2634 § 1; October 26, 1993: Ord. 2644 §§ 2-5; May 24, 1994; Ord. 2019-2865, § 2E, March 12, 2019; Ord. 2020-2879, § 2E, April 14, 2020; Ord. 2022-2894, § 7, February 8, 2022; Ord. No. 2023-2903, § 2D, March 14, 2023)

A.

Purpose and Intent.

1.

The purpose of this section is to provide regulations for two-unit residential development in single-family residential zones in accordance with Government Code Section 65852.21 and, as applicable, Government Code Section 66411.7, or any successor statutes. The intent of this section is to increase opportunities to provide more housing in single-family residential zones consistent with state housing laws, and to provide objective standards for the orderly development of two-unit residential development.

2.

The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of more than one dwelling unit on the lot. If for any reason the development is not maintained on the lot in conformance with this section, the lot shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the lot prior to the development of the two-unit residential development, including, but not limited to, the requirements for open yard, setbacks, and covered parking.

B.

An application for a two-unit residential development shall be considered ministerially, without discretionary review or a hearing, if it meets all of the standards in this section.

C.

A two-unit residential development shall not include a request for an exception to any objective standards by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, or similar design or development standard.

D.

Prior to issuance of any permit for a two-unit residential development and/or prior to the recordation of an urban lot split parcel map, the property owner shall cause to be recorded Covenants, Conditions, and Restrictions (CC&Rs) against the property, of a form and content satisfactory to the director of community development. The CC&Rs shall require that the use and development of the property be in accordance with this section, and to notify future owners of the restrictions on rental terms and the restrictions on the number of dwelling units permitted.

E.

Two-unit residential development shall be prohibited in each of the following circumstances:

1.

On lots with a designated historic landmark or that are on the State Historic Resources Inventory, or within a designated historic district.

2.

The two-unit residential development would require demolition or alteration of any of the following:

a.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b.

Housing that has been occupied by a tenant in the last three years.

F.

Notwithstanding any other provision, regulation, or standard, the development of at least two units of a minimum of eight hundred square feet shall not be precluded on a lot otherwise eligible for two-unit residential development.

G.

Except as provided in this section, all objective development standards of this title shall apply to two-unit residential development.

H.

Setbacks

1.

Two-unit residential developments and lot created by urban lot split shall comply with the front setback of the underlying zoning designation.

2.

Two-unit residential developments and lots created by urban lot split shall provide side and rear setbacks of not less than four feet.

3.

Notwithstanding Section 24.05.032H1 or any other setback regulation, the setback from a common, interior property line created by an urban lot split shall be not less than four feet.

4.

Two-unit residential development and development on lots created by urban lot split that does not comply with the rear yard setback established by the underlying zoning designation or overlay zone shall be limited to a height of one story and sixteen feet within ten feet of the rear property line. This provision shall not apply to rear yards adjacent to a common, interior property line created by an urban lot split.

5.

In zoning designations where the required side yard setback is ten feet or more, two-unit residential development and development on lots created by urban lot split that does not comply with the side yard setback established by the underlying zoning designation or overlay zone shall be limited to a height of one story and sixteen feet within ten feet of the side property lines. This provision shall not apply to side yards adjacent to a common, interior property line created by an urban lot split.

6.

Adjacent or connected structures may be allowed for two-unit residential development and urban lot splits provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

7.

Notwithstanding any other provision, regulation, or standard, for two-unit residential developments and lots created by urban lot split, no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. Additions to an existing structure or a structure constructed in the same location as an existing structure shall be allowed provided that the addition complies with all standards of this section and this title, including setbacks and height limitations.

I.

Parking: Each unit in a two-unit residential development or on a lot created by urban lot split shall be provided with one parking space, except no parking is required when:

1.

The lot is within one-half mile walking distance of a major transit stop or a high-quality transit corridor.

2.

There is a car share vehicle within one block of the lot.

J.

Rental terms for any residential unit created under the provision of this section or for any unit on a lot created by urban lot split shall be for periods of thirty-one consecutive days or longer. Rental tenancy cannot terminate, and new tenancy cannot commence, prior to the expiration of at least one 31-consecutive-day occupancy period by the same tenant.

K.

Dwelling Units Permitted.

1.

No more than a total of four dwelling units, inclusive of accessory dwelling units, shall be permitted on any one lot utilizing two-unit development standards.

2.

A total of two accessory dwelling units may be allowed on a property utilizing the two-unit development standards. One of the accessory dwelling units may be a junior accessory dwelling unit.

3.

Notwithstanding Sections 24.05.032K1 and K2, no more than a total of two units shall be permitted on any one lot that was created utilizing the urban lot split provisions of Chapter 22.045. Accessory dwelling units or junior accessory dwelling units shall not be permitted on lots created utilizing the urban lot split provisions of Chapter 22.045 and that additionally utilize the two-unit residential development standards of this section.

L.

All applicable Building and Fire Codes shall apply to two-unit residential developments, including, but not limited to, construction standards related to building separation, fire sprinkler requirements, accessibility standards, and fire department access and water availability requirements.

M.

A two-unit residential development may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact as defined and determined in California Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate the specific, adverse impact.

(Ord. 2022-2894, § 8, February 8, 2022)

Planned residential developments (PRD's) shall be allowed in any of the R1 (single-family residential) zones as allowed in this chapter and shall be subject to the allowances, requirements, and limitations of this section.

A.

PRD—INTENT AND PURPOSE

PRD's are residential developments which are granted relief from the absolute design and development standards of this chapter, for the purpose of achieving superior and imaginative design related to the natural features and amenities of the land. Such relief is intended to be granted only when the benefits outlined in this paragraph are achieved. In a PRD the land and structures are planned and developed as a whole, incorporating the elements of buildings, circulation, parking, open space and utilities. The benefits to be achieved are, to preserve unique characteristics and features of geography, geology, topography or history; to obtain imaginative design in complement to the area setting; to obtain economical and efficient use of land; and to provide a higher level of design amenities and preservation of open space than possible with a conventional subdivision. It is not intended that a PRD result in nothing more than a substandard subdivision: the relief from standards granted through a PRD is in return for the benefits achieved.

B.

PRD—USE ALLOWANCE

The principal and accessory uses allowed in a PRD development are the same as those allowed under the PRD site's zoning. All required findings must be made and required types of approval granted, whether the use is proposed as part of a new PRD development or is proposed to be added to an existing PRD.

C.

PRD—DEVELOPMENT STANDARDS

In a PRD all buildings, structures and facilities shall be designed and developed in accordance with the standards of Section 24.05.030, except as provided in the following PRD development standards.

1.

Density—The density of the underlying zone shall not be exceeded.

2.

Site Boundary and Area—The site of a PRD development shall be large enough so that the benefits of PRD development are capable of being achieved. In addition, the outside boundaries of the site shall be logically related to the geographical and topographical features of the surrounding area, and shall also serve to achieve the benefits of PRD development. It shall be sufficient grounds to deny a proposal for PRD development that the site area and/or boundaries proposed are such that the intended benefits of a PRD cannot be achieved.

3.

Lot Requirements—There are no absolute size or configuration requirements for lots in a PRD. However, all lots and sublots shall be reasonable as to intended use and relation to the rest of the development. Each lot shall have guaranteed access to the public right-of-way.

4.

Setbacks, Yards and Building Separations—All structures and facilities shall be set back from the exterior PRD boundaries in accordance with the setback requirements of the site's zoning, with no exceptions. All off-street parking which has direct access off an adjacent public or private street shall maintain a 20-foot long driveway from the travelway of such street, or from the back of sidewalk along such street. Court widths, building separations and sight distance visibility as per this Chapter shall be maintained. No other absolute setback or spacing requirements apply to a PRD. Special setbacks for the interior of a PRD may be established, which are based on overall PRD design and relationship to topography.

5.

Coverage—As a maximum, the coverage allowance for a PRD shall be that specified by the site's zoning. However, such coverage allowance shall not be construed to allow a PRD design which fails to achieve the intended benefits of PRD development.

6.

Fences and Walls—The fence and wall limitations, requirements and allowances of this Chapter and Chapter 24.04 shall apply in the development of a PRD. However, under no circumstances shall any fence or wall block pedestrian or vehicular visibility for safe circulation.

7.

Open and Recreation Space—Recreation and open space includes all the area in the PRD owned in common which is not utilized for private streets, parking and steeply sloping earth banks. Open space shall, at minimum, be provided in accordance with either a) or b) below, whichever requires the most open space:

a)

Five hundred (500) square feet per unit for the first ten units, four hundred (400) square feet per unit for the second ten units, three (300) square feet for units twenty-one (21) and above.

b)

An amount equal to the difference between the size of private lots in the development and the required lot size of the PRD site's zoning.

To attain the intended benefits of PRD development, the city may require the preservation of scenic or significant natural features, site topography, or other site characteristics worthy of preservation. It shall be sufficient grounds for denial of a PRD proposal that such characteristics are not preserved.

8.

Parking and Streets—The number and type of parking spaces, and the development of spaces and access aisles in a PRD shall conform to the provisions of Chapter 24.04 and the city-adopted Parking and Landscape Standards.

Public street right-of-way dedication and development may be required around the exterior or through a PRD, as per the city engineer. Public streets may be proposed which exclusively serve the interior of a PRD, provided any such street is designed and developed to full city engineering standards.

Private streets may be proposed which exclusively serve the interior of a PRD. Such streets shall, at minimum, provide the following widths:

a)

One-way, no parking — Twelve (12) feet asphalt concrete or Portland cement concrete surface, exclusive of curbs;

b)

Two-way, no parking — Twenty (20) feet asphalt concrete or Portland cement concrete surface, exclusive of curbs.

These widths are absolute minimums and shall not be reduced for any purpose. In all other respects private street design and improvement shall be to full city engineering standards. On-street parking shall require such extra street width to minimally provide for such stalls and back-up area, as per the city Parking and Landscape Standards. Private street alignment shall be subject to approval of the city engineer and fire marshal.

9.

Utilities—All utility distribution fines within and around a PRD shall be placed underground. Sewer lines are storm drains exclusively serving a PRD which are not within the right-of-way of public streets shall be constructed to city engineering standards, but shall be maintained by the PRD homeowners' association.

10.

Grading—The grading standards and limitations of a PRD site's zoning and those in the city Grading Ordinance shall apply. However, the intent of a PRD is to limit change in landform to the maximum extent possible. It shall be sufficient grounds to deny a proposal for PRD development that excessive site grading is proposed which fails to achieve the intended benefits.

11.

Miscellaneous—The provisions of this chapter for enclosure of equipment shall apply. Lighting in a PRD shall avoid impact on surrounding properties by being directed and screened away. Each PRD shall, to the maximum degree feasible, provide for and accommodate passive or natural space and water heating/cooling opportunities. Pedestrian access shall be provided connecting all common areas and facilities with the dwelling units, in a system not utilized by automobiles. In its initial development and in each modification thereafter, a PRD shall achieve the design objectives and development standards adopted by city council resolution.

D.

PRD—REQUIRED FINDINGS

All findings required by this Title to approve a use or development which is proposed within, or as part of, a PRD shall be made. In addition, to approve a site development plan for PRD development or modification, the following findings shall be made:

1.

The height and bulk of the buildings does not detract from established character of any neighborhood in which the planned residential development is proposed.

2.

The appearance of overcrowding is avoided through the careful placement of buildings on site.

3.

Landscaping will be provided according to an approved plan of landscaping.

4.

The proposed development/modification and its architecture meet the design objectives and development standards adopted by the city council.

5.

The proposed development/modification is consistent with the La Mesa General Plan and the development standards of the Zoning Ordinance, and serves to achieve the intended benefits of PRD development.

6.

The site has not been substantially altered within twenty-four months prior to submittal of the project application to the planning department and prior to consideration of the project. Substantial alterations include, but are not limited to, the removal of mature trees, the removal of significant vegetation, the removal of wildlife habitat, grading, or similar changes to the site which are inconsistent with the intent and purpose of the Planned Residential Development.

E.

PRD—PROCESSING AND REVIEW

1.

Each application for a new PRD development, or for a substantial modification of an existing PRD, shall be submitted as a Site Development Plan application. This shall be accompanied by a complete Tentative Tract Map application. Both applications will be considered by the planning commission at a noticed public hearing. If the planning commission approves the applications, the city clerk shall set the items on the next available city council consent calendar for the council's ratification.

2.

Prior to recordation of the final subdivision map for the project, the conditions of approval shall be recorded in the form of CC&R's on the property. The CC&R's shall be consistent with the resolutions approving the project and specifically state that any natural features or other site conditions required to be preserved and maintained as a condition of the development approval shall also not be substantially altered by any future property owners within the project without prior city approval. Any future modification to these conditions established by the city in the CC&R's shall require city approval.

3.

"Substantial modification" is subject to the determination of the director of planning, and shall include, but shall not be limited to, any addition of dwelling units, construction of significant new structures, placement of new streets or roads, the addition or deletion of significant PRD site area, or significant alteration to the site's natural features in violation of a previous PRD approval.

(Ord. 2312; May 12, 1983: Ord. 2533 §§ 2-4; July 25, 1989)

A.

MAINTENANCE OF PROPERTY REQUIRED—RESPONSIBILITY. The following are minimum requirements for maintenance of property and the responsibility for such maintenance shall be that of the owner of record, the occupant, separately or jointly, and either or both may be cited for any violation:

1.

All yards and other open spaces around buildings shall be kept free of junk including but not limited to trash; refuse; paper; glass; cans; rags; fabrics; bedding; ashes; trimmings from lawns, shrubbery or trees, except when used for mulch; household refuse other than garbage; lumber; metal, plumbing fixtures, bricks, building stones, plaster, wire or like materials from the demolition, alteration or construction of buildings or structures; tires or inner tubes; auto aircraft or boat parts; plastic or metal parts or scraps; damaged or defective machinery, whether or not repairable; and damaged or defective toys, recreational equipment or household appliances or furnishings, whether or not repairable; and abandoned, discarded or unused appliances.

2.

All landscaped areas shall be regularly watered, fertilized, weeded and otherwise kept in good condition. Dead, decayed, or hazardous trees or other vegetation which is likely to harbor rats or vermin, or is dangerous to public health and welfare is prohibited. All trees, shrubs, lawns and other planting shall be maintained, including regular irrigation, pruning of trees, trimming of shrubs and cutting of lawns. Landscaped areas shall be covered with natural materials or other materials whose general use is intended for use as outdoor landscaped material. Unnatural or synthetic materials, such as but not limited to carpet, plastic sheeting, or paper products are prohibited.

3.

All driveways and parking areas shall be graded and improved with concrete or asphalt paving, or with other permanent paving materials subject to the approval of the planning department, with the exception of an approved recreational vehicle parking area for a single-family residence which may substitute gravel, crushed rock or other non-permanent paving material when contained within the boundary of the recreational vehicle parking area and properly maintained and kept free of weeds, mud, and other debris.

4.

All fencing and accessory structures shall be constructed and maintained using standard construction techniques and standard building materials. Materials shall be durable, weather resistant, and compatible with the main structures on the property. All fences, buildings and accessory structures shall be maintained in good condition.

5.

All areas required for maintenance of sight distance shall be kept free of visibility obstructions, including untrimmed landscaping.

6.

It is unlawful for a swimming pool to be abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted water means that the water in a swimming pool contains bacterial growth, algae, remains of insects, rubbish, or any other foreign matter or material that constitutes an unhealthy, unsafe or unsightly condition.

7.

Inoperative, abandoned, or dismantled motor vehicles and recreational vehicles shall be stored within an entirely enclosed building. No repair of vehicles, motorcycles, boats, campers and trailers shall be conducted between the hours of 10:00 p.m. and 8:00 a.m. Nothing in this section is intended to prohibit the making of minor repairs, such as tire changing or repair, replacement of spark plugs and minor engine adjustments or repair, lubrication, battery and brake adjustments or repair by an owner of the vehicle on said owner's lot, where said vehicle may be legally parked as determined by other sections of this title. No vehicle in a state of disrepair or in an inoperable condition, or parts of a vehicle, boat or trailer may be located outside of a garage for a period of more than seventy-two hours.

8.

All firewood shall be cut not to exceed four foot lengths and one foot widths, and neatly stacked eighteen inches above ground and away from walls or fences.

9.

Attractive nuisances dangerous to children, including but not limited to abandoned and broken equipment, iceboxes, refrigerators, and unprotected and/or hazardous pools, ponds and excavations are prohibited.

(Ord. 2456 § 3; September 8, 1987: Ord. 2592 § 1; October 8, 1991: Ord. 2001-2716 § 1; December 11, 2001).

B.

FACILITY CAPACITY ASSESSMENT AS A PREREQUISITE TO DEVELOPMENT. Prior to any approval of any project of more than ten units a facilities capacity assessment shall be made by city staff. The assessment shall include analysis of the project's impact on the following:

1.

All school districts in which the project is located.

2.

The capacity of the sewer system within the city to serve the project.

3.

The ability of the Helix Water District to serve the project.

4.

The capacity of the streets to serve the project in terms of travel width. If the project is served by a street having insufficient travel width to accommodate expectant traffic the site development plan shall be submitted to and analyzed by the La Mesa Traffic Committee as to whether or not the project would overburden the street.

Any project determined by the Planning Agency to unfavorably impact any of the foregoing shall be referred to the La Mesa city council with recommendations as to corrective measures which may be taken.

C.

PREREQUISITES TO DEVELOPMENT. The following requirements shall be accomplished at no cost to the city in connection with development:

1.

If a public street upon which the building site has frontage is substandard with respect to either width or improvements as prescribed in either the Street Standards Resolution or General Plan, then land needed for street widening shall be granted to the city and street improvements, specified in such resolution shall be made to the satisfaction of the city engineer. Such improvement shall include but is not limited to preparation of the street right-of-way by grading, removal of obstructions, construction of retaining walls, guardrails or other protective devices determined by the city engineer to be necessary together with the preparation of engineering plans for all improvements.

a.

Exception: The foregoing requirements shall not apply to (i) interior alterations of buildings which do not add dwelling units, (ii) swimming pools and accessories, (iii) building additions or accessory structures that are one thousand two hundred square feet in area or less, or (iv) the area of an alteration, addition, or structure dedicated for use as an accessory dwelling unit.

b.

When a property is developed on an incremental basis, the cumulative development over the period of previous five years for the property in total shall be considered for the one thousand two hundred square-foot threshold for exception.

c.

If the city engineer finds that the requirement to construct street improvements concurrent with the development of the project would cause undue hardship on the owner or it does not make sense to construct the improvements concurrently with the project for reason such as inconsistency with existing improvements on adjoining properties, the city engineer may, with the concurrence of the director of community development, require the owner to enter into a secured agreement to construct the required improvements in lieu of completing the improvements as a part of the development project.

2.

The minimum required off-street parking spaces for both existing and proposed dwelling units shall be provided and all existing dwellings shall be updated to meet the requirements of the Uniform Housing Code when permitted dwellings or dwelling units are added on any site.

3.

All public utility services shall be provided underground. However one-family dwellings on separately owned lots for which underground electrical service is not available within one hundred (100) feet shall be exempt from the requirement of underground electrical service but provisions shall be made for eventual underground electrical services by the installation of roughed in pull section or adapter and conduit.

4.

Fire protection facilities shall be provided in accordance with Fire Standards established by city council resolution.

5.

Onsite and offsite drainage shall be provided for and disposed of to the satisfaction of the city engineer.

D.

EFFECT OF APPROVED PLANS. A plot plan shall be submitted for any application for a site development plan, special permit, conditional use permit, planned residential development, administrative adjustment, group dwelling or apartment project. An approved plan shall be kept on file by the planning department for twelve (12) months as a guide to city departments in the issuance of building permits for the project. If the project does not commence within the 12-month period the planning department shall upon written request by the applicant retain such plans for an additional 6 month period. In the case of a site development plan for a planned residential development (PRD), the date of expiration of the approved plan shall be the same as that for a corresponding tentative tract or parcel map. Any extension given to such tentative map shall automatically apply to the site plan. Where no such tentative map applies the twelve-month expiration shall apply. In the event of a zone reclassification or an amendment of any city regulation which would affect the project, such plans shall be void.

E.

RESERVED.

(Ord. 2442 § 2; January 13, 1987).

F.

OCCUPANCY LIMITATIONS FOR DWELLINGS.

1.

Only buildings designed and constructed for human habitation may be occupied for this purpose.

2.

Occupancy of any dwelling shall be limited to the maximum number of persons it is safe for the dwelling to accommodate, as determined in the Building Code, Fire Code, and public health codes.

G.

QUONSET HUTS. Building types commonly referred to as quonset huts or buildings resembling quonset huts shall not be permitted.

(Ord. 2631 § 1; October 12, 1993).

H.

ALL COMMERCIAL USES MUST BE ENCLOSED. All commercial uses shall be conducted within an enclosed building except those allowed in the approval of a site development plan as provided in this chapter.

(Ord. 2646 § 2; June 28, 1994; Ord. 2021-2887, § 2, August 10, 2021)