(A)

The residential zones are established to provide a range of housing types and densities to accommodate different life stages and income segments of the community.

(B)

Designation of residential zones:

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 839, § 9, 9-6-22; Ord. No. 863, § 3(C), 10-3-24)

Table 11-1.30.A: Permitted Uses In Residential Zones

Notes:

1.

New buildings and additions requiring additional parking must receive site plan review approval pursuant to this title.

2.

Nonprofit organizations which existed prior to 1979 may apply for a conditional use permit provided that the school is located on the same site as the organization.

3.

ADUs and JADUs are either subject to a building permit only or ADU.

4.

These uses are only permitted with a primary use as determined by the director of community and economic department.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 731, § 2(pt. 2), 6-7-10; Ord. No. 744, § 2, 6-20-11; Ord. No. 748, § 2(pt. 6), 1-17-12; Ord. No. 759, § 2, 7-1-13; Ord. No. 796, §§ 7, 8, 3-20-18; Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(4), 4-5-22; Ord. No. 839, § 9, 9-6-22; Ord. No. 845, § 4(C), 3-21-23; Ord. No. 851, § 4(B), 5-16-23; Ord. No. 863, § 3(C), 10-3-24; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Table 11-1.30.B: Residential Zones Development Standards

Notes:

1.

Modifications to yard setbacks subject to the provisions for "Modifications" (section 11-1.70.08) and "Site plan review" (section 11-1.70.07).

2.

Fifty (50) feet of frontage must be on a dedicated public or private street, except for urban lot splits (section 11-1.30.15). A lot fronting a turnaround portion of a cul-de-sac may be forty (40) feet wide. Modification subject to development standards and requirements applicable to section 11-1.30.17 for planned residential development.

3.

Density subject to the general plan land use designation of the subject property as outlined below. Note that the general plan ranges are not code required minimums, i.e., housing could be constructed at less than 10.9 du/ac in the R-2 zone (residential—medium density).

a.

Residential—Agricultural; 0 - 10.89 du/ac.

b.

Residential—Low density; 5.8 - 10.89 du/ac.

c.

Residential—Medium density; 10.9 - 19.79 du/ac.

d.

Residential—High density; 19.8 - 43.6 du/ac.

4.

Setback equals ten (10) percent of the lot width, but not less than three (3) feet and need not exceed five (5) feet.

5.

Residential properties located south of Pacific Coast Highway shall be limited to sixteen (16) feet, and no more than one-story, excluding basement, in height unless a height variation permit is granted (section 11-1.70.11).

6.

Accessory structures are limited to one-story, except for ADUs and JADUs which are subject to the height limits in section 11-1.30.06.

7.

Refer to section 11-1.30.14 for additional requirements.

8.

Refer to section 11-1.30.15 for development standards applicable to urban lot splits; section 11-1.30.16 for development standards applicable to two-unit residential development; and section 11-1.30.17 for planned residential development.

9.

Refer to section 11-1.30.17 for development standards applicable to planned residential developments.

10.

Garages shall be located a minimum of twenty (20) feet from secondary front property line.

11.

Garages must maintain a ten-foot distance from an alley centerline.

12.

Accessory structures are also subject to section 11-1.30.05 (Accessory buildings and structures).

13.

Swimming pools, spas, trellis/lattice patios and existing garages are not included in the maximum combined area of accessory structures.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 796, § 9, 3-20-18; Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(4), 4-5-22; Ord. No. 839, § 9, 9-6-22; Ord. No. 852, § 4(B), 5-16-23; Ord. No. 854, § 4(A), 6-20-23; Ord. No. 863, § 3(C), 10-3-24; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

The following general standards of development apply to all property in residential zones, except two-unit housing developments described in section 11-1.30.16.

(A)

A minimum of fifty (50) percent of the front yard shall be irrigated and landscaped with drought-tolerant species and adhere to the city's "water conservation ordinance" found at chapter 4 of title XII of this Code.

(B)

Single-story side yard additions may follow the existing legal building line provided that the setback is no less than three (3) feet from the property line. Site plan approval shall be required for second-story additions with less than a five-foot setback.

(C)

Garages shall not occupy more than fifty (50) percent of the linear frontage facing the right-of-way.

(D)

A minimum distance of six (6) feet is required between all buildings unless otherwise provided by the zoning ordinance and eaves may not be closer than three (3) feet.

(E)

Carports are only permitted subject to the provisions for "Modifications" (section 11-1.70.08) and "Site plan review" (section 11-1.70.07).

(F)

Solar collectors and solar energy systems may exceed height limits and setback requirements mandated by this Code to the minimum extent necessary for their safe and efficient operation in accordance with the California Buildings Code and other applicable provisions of state law. Where feasible, ancillary solar equipment shall be located inside a building or screened from public view. Solar collectors and solar energy systems shall require written approval by the director of community development or the designee of that individual to ensure compliance with this subsection.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(5), 4-5-22; Ord. No. 839, § 9, 9-6-22; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

The following requirements apply to structures and projections into required yards:

(A)

Surface-mounted architectural features such as, but not limited to, cornices, eaves, and chimneys may project up to fifty (50) percent or two and one-half (2.5) feet into the required side yard setback, whichever is less, and up to five (5) feet in the required front, rear, and corner side yard setback.

(B)

Lattice and covered unenclosed porches located along the first floor and attached to a principal structure may project up to ten (10) feet into the required front and rear setback irrelevant of the unit's conformity to setback requirements.

(C)

Decks, balconies, open stairways, and other types of landings with any portion located above grade or ground floor, whichever is higher, may project up to five (5) feet into the principal structure's front, rear, and corner side yard setbacks. The floor of any landing must be located at least six (6) feet below the maximum height limit for that zone. Access to any deck located above the ground level shall be provided directly from interior living space.

(D)

Rain conductors, spouts, utility service risers, and shutoff valves may project a maximum distance of one-foot into any required yard setback.

(E)

Utility equipment locations excluding solar equipment.

(1)

All ground-mounted utility equipment shall be a minimum of two (2) feet from interior property lines, ten (10) feet from corner property lines and not located within the required front yard setback area. All ground-mounted utility equipment shall be effectively screened from public view.

(2)

Utility and mechanical equipment that is visible from the public right-of-way or an adjacent property may not be located on the roof of a single-family residence.

(3)

Modifications to the requirements in subsection (1) and (2) above may be made subject to the provisions for "Modifications" (section 11-1.70.08) and "Site plan review" (section 11-1.70.07).

(F)

Pool and spa-equipment shall be a minimum of three (3) feet from interior property lines, ten (10) feet from the secondary front and not located within the front yard.

(G)

Roof eaves may project a maximum of two and one-half (2.5) feet into a required yard provided it maintains a two and one-half (2.5)-foot setback from all property lines.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(6), 4-5-22; Ord. No. 839, § 9, 9-6-22; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

(A)

This section does not apply to accessory dwelling units as described in section 11-1.30.06 and two-unit housing developments described in section 11-1.30.16.

(B)

In addition to any other applicable development standards, accessory structures must meet the following requirements:

(1)

No kitchen, bathrooms, permanent dividing wall, or drain pipes larger than two (2) inches shall be constructed in said structure, except for outdoor kitchens.

(2)

Maximum combined area for accessory buildings and structures shall not occupy more than fifty (50) percent of the required rear yard, except for pools, spas, ground-mounted equipment, patio slabs and on-grade decks. Modifications to this requirement may be made subject to the provisions for "Modifications" (section 11-1.70.08) and "Site plan review" (section 11-1.70.07).

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 796, § 10, 3-20-18; Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(7), 4-5-22; Ord. No. 839, § 9, 9-6-22; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

(A)

Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with chapter 13 of division 1 of title 7 of the California Government Code.

(B)

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

(1)

Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

(2)

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

(3)

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

(4)

Required to correct a nonconforming zoning condition, as defined in subsection (C)(8) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code § 17980.12.

(C)

Definitions. As used in this section, terms are defined as follows:

(1)

Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

a.

An efficiency unit, as defined by California Health and Safety Code § 17958.1; and

b.

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

(2)

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

(3)

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

(4)

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

a.

A cooking facility with appliances.

b.

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

(5)

Junior accessory dwelling unit or JADU means a residential unit that satisfies all of the following:

a.

It is no more than five hundred (500) square feet in size.

b.

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

c.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

d.

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

e.

It includes an efficiency kitchen, as defined in subsection (C)(4) above.

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

Tandem parking means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(D)

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

(1)

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

a.

Converted on single-family lot. One ADU as described in this subsection (D)(1)(a) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

i.

Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to one hundred fifty (150) additional square feet if the expansion is limited to accommodating ingress and egress; and

ii.

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

iii.

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

iv.

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

b.

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

i.

The side- and rear-yard setbacks are at least four (4) feet.

ii.

The total floor area is eight hundred (800) square feet or smaller.

iii.

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

c.

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

d.

Limited detached on multifamily lot. No more than two (2) detached ADUs on a lot with a proposed multifamily dwelling, or up to eight (8) detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:

i.

The side- and rear-yard setbacks are at least four (4) feet. If the existing multifamily dwelling has a rear or side yard setback of less than four (4) feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.

ii.

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

iii.

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

(2)

ADU permit.

a.

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

b.

The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the director of community and economic development and approved by the city council by resolution.

(3)

Process and timing.

a.

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

b.

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

i.

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

ii.

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

c.

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

d.

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

(E)

General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (D)(1) or (D)(2) above:

(1)

Zoning.

a.

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

b.

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

c.

In accordance with Government Code § 66333(a), a JADU may only be created on a lot zoned for single-family residences.

(2)

Height.

a.

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

b.

A detached ADU may be up to eighteen (18) feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half (½) mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Public Resources Code § 21155, and the ADU may be up to two (2) additional feet in height (for a maximum of twenty (20) feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

c.

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

d.

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

e.

For purposes of this subsection (E)(2), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

f.

Extra height available.

i.

An ADU may exceed the applicable height limit in subsections (A) through (D) above if the space below the ADU is used to provide parking spaces on grade, in which case the ADU may reach the maximum height for a principal structure under section 11-1.30.03.

ii.

The portion of the ADU that is within the increase in height that is allowed by this subsection (F) is subject to the principal structure setbacks.

iii.

South of Pacific Coast Highway, any extra height under this subsection (F) requires a height variation permit under section 11-1.70.11.

iv.

The extra height allowed under this subsection (F) is not available for an ADU that is on a lot with an existing or proposed multifamily dwelling that is over one thousand (1,000) square feet in floor area.

v.

For an application that uses the extra height under this subsection (F) to be complete, the application must include an executed and notarized, ready-to-record deed restriction in a form approved by the city that limits the use of the at-grade parking area below the ADU to permanent parking and requiring the owner to remove the extra-height portion of the structure before the ground-level area may be used for anything other than parking.

(3)

Fire sprinklers.

a.

Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

b.

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

(4)

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

(5)

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

(6)

Septic system. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years.

(7)

Owner occupancy.

a.

ADUs created under this section on or after January 1, 2020, are not subject to an owner-occupancy requirement.

b.

As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (E)(7)(b) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

(8)

Deed restriction. Prior to issuance of a certificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the community and economic development director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

a.

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

b.

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

c.

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

d.

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

e.

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

(9)

Building and safety.

a.

Must comply with building code. Subject to subsection (E)(10)(b) below, all ADUs and JADUs must comply with all local building code requirements.

b.

No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in California Building Code § 310, unless the Community and Economic Development Director makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (E)(10)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

(F)

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

(1)

Maximum size.

a.

The maximum size of a detached or attached ADU subject to this subsection (F) is eight hundred fifty (850) square feet for a studio or one-bedroom unit and one thousand (1,000) square feet for a unit with two (2) or more bedrooms.

b.

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

c.

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

(2)

Floor area ratio (FAR). No ADU subject to this subsection (F) may cause the total FAR of an A-1 or R-1-zoned lot to exceed sixty (60) percent, subject to subsection (F)(1)(c) above.

(3)

Setbacks.

a.

ADUs that are subject to this subsection (F) must conform to four-foot side and rear setbacks. ADUs that are subject to this subsection (F) must conform to 20-foot front setbacks, subject to subsection (F)(1)(c) above.

b.

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

(4)

Lot coverage. No ADU subject to this subsection (F) may cause the total lot coverage of an R-2 or R-3 zoned lot to exceed eighty (80) percent, subject to subsection (F)(1)(c) above.

(5)

Passageway. No passageway, as defined by subsection (C)(9) above, is required for an ADU.

(6)

Parking.

a.

Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(12) above.

b.

Exceptions. No parking under subsection (F)(6)(a) is required in the following situations:

i.

The ADU is located within one-half (½) mile walking distance of public transit, as defined in subsection (C)(11) above.

ii.

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

iii.

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

iv.

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

v.

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

vi.

When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (F)(6)(b)(i) through (v) above.

c.

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

(7)

Architectural requirements.

a.

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

b.

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

c.

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

d.

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

e.

The interior horizontal dimensions of an ADU must be at least ten (10) feet wide in every direction, with a minimum interior wall height of seven (7) feet.

f.

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

g.

All windows and doors in an ADU less than thirty (30) feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

(8)

Allowed stories. No ADU subject to this subsection (F) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (E)(2)(d) of this section.

(G)

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

(1)

Impact fees.

a.

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

b.

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

(2)

Utility Fees.

a.

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

b.

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

c.

Except as described in subsection (G)(2)(a), all ADUs that are not covered by subsection (G)(2)(b) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.

i.

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

ii.

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

(H)

Nonconforming zoning code conditions, building code violations, and unpermitted structures.

(1)

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

(2)

Unpermitted ADUs and JADUs constructed before 2020.

a.

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

i.

The ADU or JADU violates applicable building standards, or

ii.

The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (section 11-1.30.06).

b.

Exceptions.

i.

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

ii.

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

(I)

Nonconforming ADUs and discretionary approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections (A) through (H) of this section may be allowed by the city with a conditional use permit and other applicable land use entitlements, in accordance with the other provisions of article 70.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 796, § 11, 3-20-18; Ord. No. 838, § 3, 9-6-22; Ord. No. 854, § 4(B), 6-20-23; Ord. No. 860, § 4(B), 4-2-24; Ord. No. 865U, § 4(Exh. A), 12-3-24; Ord. No. 866, § 5(Exh. A), 12-17-24)

Editor's note— Ord. No. 865U, § 4(Exh. A), adopted Dec. 3, 2024, amended the title of § 11-1.30.06 to read as herein set out. The former § 11-1.30.06 title pertained to Accessory and junior accessory dwelling units.

The following requirements apply to fence, hedges, and walls:

(A)

Fences, hedges, and walls within the required front yard setback shall not exceed forty-two (42) inches in height.

(B)

Fences, hedges, and walls within the required secondary front yard- corner lots shall not exceed forty-two (42) inches in height.

(C)

Fences, hedges, and walls along rear and interior side property lines shall not exceed six (6) feet in height.

(D)

Fences, hedges, and walls shall be erected to not create visual obstruction of vehicular and pedestrian traffic.

(E)

A gate across a vehicular driveway shall not be located in the front or secondary front-corner setback from the property line.

(F)

The height of a fence or wall shall be measured from the side with the higher finished grade.

(G)

Fences and walls shall be built with attractive, durable materials, including, but not limited to redwood, wrought iron, textured concrete block, vinyl specifically manufactured as fencing material, or formed concrete with reveals. Chainlink fencing, corrugated metal fencing, and/or fiberglass fencing, and "tennis windscreens" are not permitted within the front yard or secondary front yard areas.

(H)

All fences, hedges and walls shall be maintained in an orderly, neat, and safe condition.

(I)

Deviations to fence and wall height requirements may be made subject to "site plan review" and "modification" approval.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 839, § 9, 9-6-22)

(A)

Household pets are permitted in all residential zones provided that the number does not exceed three (3) dogs or cats over the age of six (6) months.

(B)

Roosters (male chickens) are not permitted on any residential property.

(C)

Hens (female chickens) are permitted within the A-1 and R-1 Zones subject to the following:

(1)

A maximum of five (5) hens plus offspring under three (3) months of age may be permitted on one lot.

(2)

Any hen shall be provided with proper shelter and protection from the weather at all times, subject to the following requirements:

a.

The coop shall be structurally sound and shall be maintained in good repair and maintained in a sanitary condition, to protect the animals from injury or illness, to contain the animals, and to restrict the entrance of other animals.

b.

The coop shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The structure shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals and sanitation.

c.

The coop floor area shall include a minimum of ten (10) square feet per hen over three (3) months of age and a maximum of one hundred (100) square feet in total.

d.

The coop shall only be located within the rear yard.

e.

The coop shall be located at least five (5) feet from any property line.

f.

The coop shall be located at least five (5) feet from any residential building used for the habitation of human beings.

g.

The coop shall be located at least thirty-five (35) feet from any public street curb.

h.

The coop shall be located at least fifty (50) feet from any lot located within a commercial zone or a lot containing a hospital or a school.

i.

The coop shall be no taller than eight (8) feet from ground level.

(D)

All other farm pets are permitted in the A-1 Zone subject to the following:

(1)

A minimum lot size of nine thousand five hundred (9,500) square feet.

(2)

Each horse, mule, or donkey shall have a minimum enclosed area of five hundred (500) square feet for the first such animal and three hundred (300) square feet for each additional animal.

(3)

Farm pets shall be kept a minimum distance of fifty (50) feet from any lot located within a commercial zone or a lot containing a hospital or a school.

(4)

A maximum of three (3) horses, mules, donkeys, or any combination thereof may be permitted on one lot.

(5)

The total number of farm pets shall not exceed twelve (12) on one lot.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 839, § 9, 9-6-22; Ord. No. 851, § 4(C), 5-16-23)

Manufactured homes are permitted provided that they meet the following requirements:

(A)

The manufactured home shall have the insignia of approval by the U.S. Department of Housing and Urban Development as set forth in Health and Safety Code (HSC) Section 18026 and as defined in 18007, as amended.

(B)

It shall be attached to a permanent foundation system and in compliance with all applicable building regulations.

(C)

It shall have a minimum width of twenty (20) feet.

(D)

It shall be covered with an exterior material customarily used on conventional dwellings and approved by the director of community development. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

(E)

The roof pitch shall not be less than a two-inch vertical rise for each twelve (12) inches of horizontal run and shall have eaves.

(F)

It shall have a porch consistent with the architecture of the surrounding neighborhood as determined by the director of community development.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 839, § 9, 9-6-22)

(A)

Applicability. The following development and operation standards apply to state licensed community care facilities and large family childcare facilities with seven (7) or more persons. Residential care facilities serving six (6) or fewer residents, in addition to the caregiver, are allowed in all zoning districts that permit single-family residences and shall not be required to meet any requirement of this section.

(B)

A state licensed community care facility with seven (7) or more residents in addition to the caregiver shall be subject to the following:

(1)

No part of a parcel containing a community care facility with seven (7) or more residents shall be located closer than three hundred (300) feet to any part of another parcel containing a community care facility with seven (7) or more children and/or adults, on a twenty-four (24) hours-per-day basis.

(2)

The proposed use shall be licensed by the state and shall be conducted in a manner that complies with applicable provisions of the California Health and Safety Code for this kind of occupancy. If the state license is suspended or revoked, the conditional use permit may also be suspended or revoked.

(C)

Large family day care homes shall be subject to the following:

(1)

The business shall be operated in a single-family dwelling unit.

(2)

No other licensed large family day care home shall be located within six hundred (600) feet of the exterior property boundaries of the proposed property.

(3)

Business signs shall be prohibited in order to preserve the integrity of the residential neighborhood.

(4)

Hours of outdoor play activities shall only be permitted between the hours of 8:00 a.m. to 8:00 p.m.

(5)

The facility shall comply with State Fire Marshal standards for large-family day care facilities.

(6)

Provide a drop-off/pickup area, such as a driveway area, to minimize interference with traffic and promote the safety of the children.

(7)

On-site garages and parking areas needed to meet the parking requirements of the zone shall not be converted to any other use.

(8)

All necessary permits and licenses shall be obtained from the department of social services and the facility shall meet all State requirements as specified in the Health and Safety Code.

(9)

Separate all outdoor play areas from vehicular circulation, parking areas, equipment enclosures, unsecured storage areas, refuse and recycling areas.

(10)

Enclose all outdoor play areas with a natural barrier, wall, fence or other solid structure having a maximum height of six (6) feet and conforming to all requirements of this Code. If an outdoor play area is located within thirty (30) feet of a residential use, a six-foot high block wall shall be constructed along the property line. Should said wall obstruct pedestrian or vehicular visibility, or otherwise be not permitted pursuant to the zoning ordinance, an alternate method of buffering shall be designed, including, but not limited to, a landscape buffer area, subject to approval by the director of community development.

(D)

General requirements:

(1)

Should the care provider not be the owner of the property, the owner shall provide a written authorization for the use.

(2)

A city business license shall be obtained.

(3)

The facility may also be subject to other requirements (e.g., California Health and Safety Code, the California Administrative Code, and the Uniform Building Code).

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 839, § 9, 9-6-22)

(A)

Home occupations may be conducted in residential zones provided the home occupation is approved in writing by the director of community development as valid and conforming with the following criteria and conditions and provided further that the applicant agrees thereto in writing:

(1)

There shall be no more than one employee for the home occupation other than the members of the resident family.

(2)

Total floor area devoted to the home occupation shall not exceed four hundred (400) square feet. This may be in either the home and/or in an accessory structure.

(3)

The use shall not generate pedestrian or vehicular traffic appreciably beyond that normal to the district in which it is located.

(4)

The use shall not generate commercial vehicle traffic for delivery of materials appreciably beyond that normal to the district in which it is located.

(5)

There shall be no use of material or mechanical equipment not recognized as being part of normal household or hobby uses.

(6)

There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.

(7)

There shall be no excessive or unsightly outdoor storage of materials or supplies for purposes other than those permitted in the district in which it is located.

(8)

The home occupation shall not involve the use of signs or structures other than those permitted in the district of which it is a part.

(9)

In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use either by color, materials or construction, lighting, signs, sounds or noises, vibrations, and so forth.

(B)

Should the director of community development deny an application for a home occupation use, the applicant may file an appeal in writing within five (5) working days of the denial, to the planning commission.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 839, § 9, 9-6-22)

Editor's note— Ord. No. 733, § 2(pt. 1), adopted Sept. 7, 2010, repealed § 11-1.30.12, which pertained to height variation permit and derived from Ord. No. 724, § 2(pt. 4), adopted May 18, 2009.

(A)

Purpose and definition. The purpose of this section is to establish the process for disabled persons to request reasonable accommodation in the application of the city's zoning laws where necessary to afford the disabled person an equal opportunity to use and enjoy a dwelling within the city. "Reasonable accommodation" means providing persons with disabilities flexibility in the application of city programs, including city land-use, zoning and building regulations, policies, practices and procedures, or waiving certain requirements when it is necessary to provide meaningful access to city programs or to eliminate barriers to housing opportunities for persons with disabilities.

(B)

Process for requesting reasonable accommodation.

(1)

A completed application form and the required fee provided by the community development department.

a.

A description of how the property will be used by the disabled individual(s);

b.

The basis for the claim that the fair housing laws apply to the individual(s) and evidence satisfactory to the city supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped license, or any other appropriate evidence;

c.

A detailed explanation of why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the city;

d.

Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested.

(C)

Decision on application.

(1)

The director of community development shall consider an application for a reasonable accommodation. The director shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may (1) grant the accommodation request with or without nondiscriminatory conditions of approval, (2) deny the request, or (3) refer the matter to a hearing officer.

(2)

The hearing officer shall consider an application for any reasonable accommodation request referred to it by the director. The hearing officer shall (1) grant the accommodation request with or without nondiscriminatory conditions of approval, or (2) deny the request. Notice of the hearing officer meeting shall be made in writing, ten (10) days prior to the meeting and mailed to the applicant and property owners who are located immediately adjacent to the subject property.

(3)

If necessary to reach a determination on any request for reasonable accommodation, the director of community development may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the thirty-day period to issue a written determination shall be stayed until the applicant reasonably responds to the request.

a.

The director of community development or hearing officer shall approve the request for a reasonable accommodation subject to the following findings:

1.

The housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the fair housing laws.

2.

The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the fair housing laws.

3.

The requested reasonable accommodation will not impose an undue financial or administrative burden on the city.

4.

The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the city.

5.

The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this chapter.

6.

That the reasonable accommodation shall only be applicable to the particular individual(s) or property.

(D)

Appeals.

(1)

The director of community development's decision on a minor reasonable accommodation may be appealed to a hearing officer within ten (10) days of the date the city issues the written determination.

a.

The appellant shall pay an appeal fee as established by resolution of the city council.

b.

The hearing officer shall conduct a hearing as described within this title prior to taking action on the appeal.

c.

The appeal shall be filed with a written statement of the basis for the appeal and shall state all facts and arguments known to support the claim.

(E)

Waiver of time periods. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city, shall not constitute failure by the city to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this section.

(F)

Modifications requested by the applicant. The applicant may request modifications to the approved request for reasonable accommodation. The application for modification shall be submitted, processed, and reviewed in the same manner as a new application.

(G)

Modifications or revocations initiated by the city.

(1)

The director of community development may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, or when the application contained incorrect, false, or misleading information.

(2)

The director of community development will notify the applicant of the change or revocation of the approval by mail no later than the next business day after the decision. The applicant may appeal the director of community development's decision to as set forth in this section.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 839, § 9, 9-6-22; Ord. No. 845, § 4(H), 3-21-23)

(A)

Applicability. The following development standards apply to multiple-family housing with three (3) or more units located on one parcel and senior citizen housing developments.

(B)

General standards of development.

(1)

[Distance.] Ten-foot minimum distance shall be required between buildings.

(2)

Minimum unit sizes.

a.

Senior housing.

1.

Efficiency as defined in Health and Safety Code Section 17958.1.

2.

Studio apartment: three hundred fifty (350) square feet.

3.

One bedroom, four hundred (400) square feet.

4.

Two (2) bedrooms, six hundred (600) square feet.

b.

Multiple-family housing.

1.

Efficiency as defined in Health and Safety Code Section 17958.1.

2.

One (1) bedroom, eight hundred (800) square feet.

3.

Two (2) bedrooms, one thousand (1,000) square feet.

4.

An additional one hundred fifty (150) square feet per bedroom over two (2).

(3)

[Parking.] In addition to the requirements for "off-street parking, storage and loading" in this title, the following parking requirements shall apply.

a.

Two (2) parking spaces per unit.

b.

Tandem parking shall be permitted subject to site plan approval by the planning commission.

c.

Garages shall not occupy more than fifty (50) percent of the linear building frontage facing the right-of-way and shall be set back a minimum of five (5) feet from the front facade of the residential building.

d.

One guest parking space per two (2) units. Residential units having a minimum of twenty-five (25) feet of frontage on a public street shall not be counted towards the number of units used to calculate the required number of guest parking spaces.

(4)

[Reduction in parking requirements.] The planning commission may approve a reduction in parking spaces pursuant to the following:

a.

In compliance with § 65915 and § 65918 of the California Government Code, the city shall utilize parking requirements for a density bonus project upon the written request of a developer.

b.

Completed parking study and with approval of a minor conditional use permit if the following additional findings can be made:

1.

The intent of the parking regulations, in compliance with all other applicable provisions of this chapter, is met; and

2.

Sufficient parking would be provided to serve the use intended and potential future uses of the subject parcel.

(5)

Open space. A minimum of three hundred (300) square feet of open space per residential dwelling unit, with a minimum dimension of ten (10) feet in any direction is required. At least fifty (50) percent of the above described area shall be developed for recreational or patio uses. Required side yards shall not count towards this requirement.

(6)

Laundry facilities. One washer and dryer shall be required for every six (6) units.

(7)

Trash areas. Projects shall provide adequate trash storage space as determined by the planning commission and the building official. Trash containers shall be stored within designated storage areas only and not within the garage parking area.

(8)

Street width. Private streets and driveways shall meet the requirements of the Los Angeles County Fire Department for access and circulation. The planning commission may approve private streets for subdivisions which do not meet the minimum street frontage requirements as part of a conditional use permit.

(9)

Sewer study. For projects with five (5) or more units, a sewer area study shall be submitted with the application. The study shall show the project's impact on local and main sewer capacity. If deficiencies are identified, the study shall also show what upgrades are proposed to correct the deficiencies.

(10)

Water study. For projects with five (5) or more units, a water study shall be submitted with the application. The study shall show the project's impact on local water availability and fire flow. If deficiencies are identified, the study shall also show what upgrades are proposed to correct the deficiencies.

(11)

Density. In compliance with § 65915 and § 65918 of the California Government Code, the city shall provide a density bonus and an additional incentive(s) for qualified affordable and senior housing developments upon the written request of a developer, unless the city makes a written finding based on substantial evidence that the additional incentive(s) is not necessary to make the housing development economically affordable to the occupants.

(12)

Additional senior housing requirements.

a.

Occupancy. Residents shall meet the requirements described in Section 51.3 of the California Civil Code or any successor statute or regulation. No one other than a senior person shall be the principal occupant or lessee of a unit constructed in compliance with this section. No person shall permit any person to violate this section. No person shall rent any housing to any person who may not lawfully occupy the same in compliance with the provisions of this section.

b.

Elevators. For structures over one story in height, a minimum of one elevator shall be provided. Additional elevators may be required based on the design of the structures. The elevator shall be centrally located and in close proximity to entries. An elevator shall not be required for detached single-family residential units that are two (2) stories in height.

c.

Laundry facilities. Space for a washer and dryer shall be provided within each unit.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 839, § 9, 9-6-22; Ord. No. 845, § 4(J), 3-21-23)

(A)

Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code Section 66411.7.

(B)

Definition. An "urban lot split" means a ministerial application to subdivide an existing parcel located within a single-family residential zone into two (2) parcels, as authorized by Section 66411.7 of the Government Code and complying with the provision of Section 11-2.76.1.

(C)

Application.

(1)

Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, limited partnership, limited liability company, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15).

(2)

An application for an urban lot split must be submitted on the city's approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted.

(3)

The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

(D)

Approval.

(1)

An application for a parcel map for an urban lot split is approved or denied ministerially, by the community development director, without discretionary review.

(2)

A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three (3) months after approval.

(3)

The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

(4)

The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

(E)

[Requirements.] An urban lot split must satisfy each of the following requirements:

(1)

Map Act compliance.

a.

The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., "SMA"), including implementing requirements in this Code, except as otherwise expressly provided in this section.

b.

If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this section, or any other legal requirement:

1.

The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including, but not limited to an action for damages or to void the deed, sale, or contract.

2.

The city has all the remedies available to it under the SMA, including, but not limited to the following:

i.

An action to enjoin any attempt to sell, lease, or finance the property.

ii.

An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

iii.

Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.

iv.

Record a notice of violation.

v.

Withhold any or all future permits and approvals.

3.

Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

c.

Zone. The lot to be split is in the A-1 or R-1 single-family residential zone.

d.

Lot location.

1.

The lot is not located on a site that is any of the following:

i.

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

ii.

A wetland.

iii.

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

iv.

A hazardous waste site that has not been cleared for residential use.

v.

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

vi.

Within a 100-year flood hazard area, unless the site has either:

(a)

Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

(b)

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

vii.

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

viii.

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

ix.

Habitat for protected species.

x.

Land under conservation easement.

2.

The purpose of subpart A.4.a above is merely to summarize the requirements of Government Code Section 65913.4(a)(6)(B)-(K). (See Gov. Code § 66411.7(a)(3)(C).)

e.

Not historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

f.

No prior urban lot split.

1.

The lot to be split was not established through a prior urban lot split.

2.

The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

g.

No impact on protected housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

1.

Housing that is income-restricted for households of moderate, low, or very low income.

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

3.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

4.

Housing that has been occupied by a tenant in the last three (3) years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

h.

Lot size and configuration.

1.

The lot to be split must be at least two thousand four hundred (2,400) square feet.

2.

The resulting lots must each be at least one thousand two hundred (1,200) square feet.

3.

Each of the resulting lots must be between sixty (60) percent and forty (40) percent of the original lot area.

4.

Side lines shall be at right angles to the streets on which the lots front and substantially parallel to each other; or project radially from the approximate center locus on cul-de-sac streets and other curves or knuckles having a radial curve of less than one hundred (100) feet and project in essentially straight lines.

i.

Easements.

1.

The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

2.

Each easement must be shown on the tentative parcel map.

3.

Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart B above.

j.

Lot frontage.

1.

Where fifty (50) feet of frontage on a public right-of-way is not proposed for both lots created by an urban lot split, each lot shall have a minimum of thirty (30) feet of frontage on a public right-of-way and an average width of thirty (30) feet, or

2.

Where thirty (30) feet of frontage on a public right-of-way is not proposed for both lots created by an urban lot split, one of the lots shall be provided with access by a corridor of at least twelve (12) feet but not more than fifteen (15) feet of frontage on a public street.

3.

Where one of the lots created by an urban lot split does not propose frontage on a public right-of-way, direct access to the public right-of-way must be provided through an access corridor easement for ingress and emergency access of at least twelve (12) feet but not more than fifteen (15) feet of frontage on a public street.

4.

The access corridor shall be kept free and clear of building or structures of any kind except for lawful fences and underground or overhead utilities. Public right-of-way must be provided through an access corridor easement for ingress and emergency access of at least twelve (12) feet but not more than fifteen (15) feet of frontage on a public street.

k.

Unit standards.

1.

No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Section 11-1.30.16 of this Code, an ADU, or a JADU.

l.

Separate conveyance.

1.

Within a resulting lot.

i.

Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

ii.

Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

iii.

All fee interest in a lot and all dwellings on the lot must beheld equally and undivided by all individual property owners.

2.

Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, or if the two (2) lots share a driveway, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two (2) lots.

m.

Regulation of uses.

1.

Residential-only. No non-residential use is permitted on any lot created by urban lot split.

2.

No short-term rentals. No dwelling unit on a lot that is created by an urban lot split or containing a two-unit residential development may be rented for a period of less than thirty (30) days.

3.

Owner occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three (3) years after the urban lot split is approved.

4.

Housing Crisis Act replacement housing obligations. If the proposed development will result in the demolition of protected housing, as defined in California Government Code Section 66300, the applicant shall replace each demolished protected unit and comply with all applicable requirements imposed pursuant to subsection (d) of Government Code Section 66300.

n.

Deed restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

1.

Expressly prohibits the use of any lot created by an urban lot split for any rental of any dwelling on the property for a period of less than thirty (30) days.

2.

Expressly prohibits any non-residential use of the lots created by the urban lot split.

3.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

4.

States that the property is formed by an urban lot split and is therefore, subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development and the only development permitted on the lot are two-unit projects subject to Section 11-2.76.1.

(F)

Specific adverse impacts.

(1)

Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(2)

"Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

(3)

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

(Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(8), 4-5-22; Ord. No. 837, § 6, 8-16-22)

(A)

Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code Section 65852.21.

(B)

Definition. A "two-unit housing development" means a housing development containing no more than two (2) residential dwelling units within a single-family residential zone, other than an accessory dwelling unit or junior accessory dwelling unit, that qualifies for ministerial review pursuant to California Government Code Section 65852.21. A housing development contains two (2) residential dwelling units if the development proposes no more than two (2) new residential dwelling units or proposes to add one new residential dwelling unit to one existing residential unit, or retention of two (2) existing legal non-conforming residential dwellings units where one or both units are subject to a proposed addition or alteration.

(C)

Application.

(1)

Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, limited partnership, limited liability company, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15).

(2)

An application for a two-unit project must be submitted on the city's approved form.

(3)

The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

(4)

Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted.

(5)

The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

(D)

Approval.

(1)

An application for a two-unit project is approved or denied ministerially, by the community development director.

(2)

The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

(3)

The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

(4)

The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

(E)

Requirements. A two-unit project must satisfy each of the following requirements:

(1)

Map Act compliance. The lot must have been legally subdivided.

(2)

Zone. The lot is in the A-1 or R-1 single-family residential zone.

(3)

Lot location.

a.

The lot is not located on a site that is any of the following:

1.

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

2.

A wetland.

3.

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

4.

A hazardous waste site that has not been cleared for residential use.

5.

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

6.

Within a 100-year flood hazard area, unless the site has either:

i.

Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

ii.

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

7.

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

8.

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

9.

Habitat for protected species.

10.

Land under conservation easement.

(4)

Not historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

(5)

No impact on protected housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

a.

Housing that is income-restricted for households of moderate, low, or very low income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

c.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060—7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

d.

Housing that has been occupied by a tenant in the last three (3) years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

(6)

Unit standards, development standards and design criteria.

a.

Quantity.

1.

No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Section 11-1.30.16 of this Code, an ADU, or a JADU.

2.

A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city's ADU ordinance.

b.

Unit size.

1.

The total floor area of each primary dwelling built that is developed under this section shall not exceed eight hundred (800) square feet.

2.

Each new primary dwelling unit shall be at least the following minimum sizes based on the number of sleeping rooms provided:

i.

Studio/one bedroom: five hundred (500) square feet.

ii.

More than one bedroom: seven hundred (700) square feet.

3.

A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.

4.

A primary dwelling that was legally established prior to the two-unit project and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after or as part of the two-unit project.

c.

Demolition cap. The two-unit project may not involve the demolition of more than twenty-five (25) percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three (3) years.

d.

Lot coverage. The maximum lot coverage shall not exceed fifty (50) percent. The lot coverage shall include all buildings and structures (primary and accessory), covered porches and patios and covered parking areas. This lot coverage standard shall apply to the maximum extent feasible so that two (2) primary dwelling units on the lot at eight hundred (800) square feet are permitted.

e.

Open space. Each new primary dwelling unit shall provide, at a minimum, a continuous private recreation area of two hundred twenty-five (225) square feet with minimum interior dimensions of ten (10) feet. The private recreation shall be open and unobstructed from the ground to the sky and may be located within the interior, street side or rear setback areas. This open space standard shall apply to the maximum extent feasible so that two (2) primary dwelling units on the lot at eight hundred (800) square feet are permitted.

f.

Setbacks.

1.

New primary dwelling units. The following minimum setbacks from the property lines shall be observed for each new primary dwelling unit and any garages and accessory structures that are attached to a new primary dwelling unit. Detached garages and accessory structures shall comply with the setbacks contained in subsection 2. The required setbacks shall be maintained open and unobstructed from the ground to the sky, except for the permitted intrusions.

i.

Front setback: twenty (20) feet.

ii.

Interior side setback: four (4) feet.

iii.

Street side setback: ten (10) feet.

iv.

Rear setback: four (4) feet.

2.

Detached garages and accessory structures. The following minimum setbacks from the property lines shall be observed for detached garages and accessory structures on a lot

i.

Front setback: twenty (20) feet.

ii.

Interior side setback: four (4) feet.

iii.

Street side setback: ten (10) feet.

iv.

Rear setback: four (4) feet or minimum ten (10) feet from centerline of alley.

3.

Any construction occurring on a lot that abuts a street that has not been fully improved shall observe all building setbacks from the ultimate right-of-way of the street.

4.

Exceptions. Notwithstanding subpart E.6.f above:

i.

Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

ii.

A required minimum setback may be reduced pursuant to this section to the degree it would (i) physically preclude the development or maintenance of two (2) dwelling units on a lot or (ii) physically preclude any new primary dwelling unit from being eight hundred (800) square feet in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line.

iii.

Permitted intrusions. The following permitted intrusion may project into any required setback a maximum of two (2) feet: cornices, eaves, belt courses, sills, buttresses, planter boxes, masonry planters, guard railings, chimneys, and architectural projections with no floor area, including, but not limited to, windows and pilasters.

g.

Parking. Off-street parking for an existing primary dwelling unit shall continue to be provided in accordance with the standards of the underlying zone. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:

1.

The lot is located within one-half mile walking distance of either (i) a corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours, or (ii) a major transit stop as defined by Section 21064.3 of the California Public Resources Code, including, but not limited to the intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.

2.

The site is located within one block of a car-share vehicle location. A car share vehicle is a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization allowing for hourly or daily service.

h.

Utilities. Each primary dwelling unit on a lot must have its own direct utility connection to the utility/public service provider. Submitted plans shall show the location and dimension of all above ground and underground utility and public service facilities serving each lot and each dwelling unit and the location and dimensions of all related easements.

i.

Unit height; stories. Each new primary dwelling unit shall be one story, constructed at ground level, and shall not be more than sixteen (16) feet in height measured from ground level to the highest point on the roof.

j.

Building separation. Except as otherwise allowed by state law, a minimum building separation of six (6) feet shall be maintained between all detached structures on a lot, including all residential units, garages and accessory structures.

k.

Tree preservation. Any plans for an addition or new construction shall identify the location of any mature trees onsite and provide protective measures to ensure preservation of mature trees. A mature tree is defined as any tree having a main trunk or stem measuring twenty-four (24) inches in diameter, or seventy-five (75) inches in circumference, measured at a height of four and one-half (4½) feet above ground level at the root crown. A removal includes moving a tree or removing more than one-third (⅓) of a tree's vegetation. Sites without an existing mature tree must provide at least two (2) twenty-four (24) inch box trees within the front yard setback or open space area.

l.

[Main entry.] Each new primary dwelling unit shall have a main entry that is clearly defined, and to the extent possible, be oriented directly toward the street(s) in order to provide a consistency with the neighborhood character. The main entry shall be covered, with a minimum depth of three (3) feet. Each covered entry shall be in proportion to the building and shall incorporate architectural features that are used in the overall building design.

m.

Water heaters. Each new primary dwelling unit shall have a separate hot water heater. The location of the water heater shall be incorporated into the design of each unit. No exterior water heater enclosures shall be permitted. Tankless water heaters may be utilized subject to compliance with applicable building codes.

n.

Refuse storage areas. All developments shall provide each unit with the appropriate number of containers for recyclables, organics and non-recyclable solid waste ("trash containers") as required by the designated waste hauler, and shall comply with the following:

1.

Trash containers shall be stored within designated storage areas only and not within the garage parking area.

2.

The area required for each container shall be a minimum of thirty-eight (38) inches by thirty-eight (38) inches.

3.

The trash areas shall be paved and accessed by gates and a walkway for ease of taking trash containers to and from the street.

o.

Building and safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city's current code.

p.

Affordability. Second units, and both units of a two-unit development, if rented, shall only be rented at an affordable rent for lower-income households, as defined in Health and Safety Code Section 50053, and shall only be rented to lower-income households, as defined in Health and Safety Code Section 50079.5, for a minimum of thirty (30) years. Prior to the issuance of a certificate of occupancy for any second unit or any unit of a two-unit development, the owner of the property shall execute and record on the property a deed restriction, in a form approved by the director and the city attorney, establishing legal restrictions consistent with this section.

q.

Other standards. All other applicable standards of this Code shall apply to the extent these standards do not conflict with this section of state law.

(7)

Separate conveyance.

a.

Primary dwelling units on the lot may not be owned or conveyed separately from each other.

b.

Condominium airspace divisions and common interest developments are not permitted within the lot.

c.

All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

(8)

Regulation of uses.

a.

Residential-only. No non-residential use is permitted on the lot.

b.

No short-term rentals. No dwelling unit on the lot may be rented for a period of less than thirty (30) days.

c.

Owner occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

(9)

Notice of construction.

a.

At least thirty (30) business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

1.

Notice that construction has been authorized,

2.

The anticipated start and end dates for construction,

3.

The hours of construction,

4.

Contact information for the project manager (for construction-related complaints), and

5.

Contact information for the building and safety department.

b.

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the city has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

(10)

Deed restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

a.

Expressly prohibits any rental of any dwelling on the property for a period of less than thirty (30) days.

b.

Expressly prohibits any non-residential use of the lot.

c.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

d.

If the lot is not created by an urban lot split, expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

e.

If the lot is created by an urban lot split, then it is subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development and the only development permitted on the lot are two-unit projects subject to this section.

(F)

Specific adverse impacts.

(1)

Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(2)

"Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

(3)

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

(G)

Remedies. If a two-unit project violates any part of this Code or any other legal requirement:

(1)

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

(2)

The city may:

a.

Bring an action to enjoin any attempt to sell, lease, or finance the property.

b.

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

c.

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.

d.

Record a notice of violation.

e.

Withhold any or all future permits and approvals.

f.

Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city's Code.

(Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(9), 4-5-22; Ord. No. 837, § 7, 8-16-22)

(A)

Purpose. The purpose of this section is to provide an alternative to standard residential development wherein the existing general plan densities are preserved but flexibility is provided by allowing the clustering of units and combining of open space, recreation areas and roadways under common ownership.

(B)

Permit required. An administrative site plan review shall be required for the establishment of a planned residential development, pursuant to the provisions of Article 70. Once the planned residential development is established, the administrative site plan review shall be binding upon the applicants, their successors, and assignees, and shall regulate the construction, location and maintenance of all land and structures within the development.

(1)

The director of community development shall prescribe the form of the application and data and information to be filed with the application.

(2)

Modification. The director of community development may approve a modification to a previously approved planned residential development when the change/modification does not substantially alter the design or specifications approved by the tentative or final subdivision map or parcel map.

(C)

Permitted locations. Planned residential developments may be located in any zone district zoned for residential use.

(D)

Underlying zone standards apply. Unless otherwise specified in this section or as a condition of the administrative site plan review, all development standards of the zone in which the planned residential development is proposed shall apply.

(E)

Special development standards.

(1)

The lot area approved by the director of community development shall be deemed the minimum area or required area per dwelling unit established by the planned residential development.

(2)

The lot width approved by the director of community development shall be deemed the minimum lot width per dwelling unit established by the planned residential development.

(3)

The street frontage approved by the director of community development shall be deemed the minimum street frontage per dwelling unit established by the planned residential development.

(F)

Development plan. A general development plan shall be submitted with at least the following details:

(1)

The dimensions of the total site, including gross and net acreage.

(2)

Location and use proposed for each proposed structure, the number of stories, gross building area, all setbacks, and approximate location of entrances.

(3)

All existing and proposed driveway approaches, driving lanes, streets, and parking areas.

(4)

A calculation of the total number of parking spaces required and provided.

(5)

All pedestrian walks and open areas for the use of the occupants of the proposed development.

(6)

Types of surfacing for all proposed walks, parking areas, driveways, streets, and commonly owned areas.

(7)

A conceptual plan for the landscaping of the development, including location and height of all proposed and existing walls, fences and screen planting.

(8)

Calculation and identification of areas reserved for private and common open space.

(9)

A grading plan for the entire development.

(10)

All existing and proposed easements.

(11)

Elevations or architectural renderings of the project to indicate architectural type and the materials of construction.

(12)

An anticipated phasing plan or schedule.

(G)

Required standards. In approving an administrative site plan review for a planned residential development, the following standards shall apply:

(1)

Final subdivision map or parcel map. No building permit shall be issued for any building within an approved planned residential development, except for sales models, recreational buildings or community facilities, unless a final subdivision tract map or parcel map has first been recorded for the property on which the building is located.

(2)

Preservation of commonly owned areas.

a.

All commonly owned areas shall be permanently reserved and maintained in perpetuity, by establishment of a homeowner's association or other appropriate means or methods to ensure the permanent reservation and continued perpetual maintenance of the required commonly owned areas pursuant to the planning commission approval of a tentative or final subdivision map or parcel map.

b.

Each dwelling unit shall be sold together with an undivided interest in any commonly owned areas. Such undivided interest shall include either:

1.

An undivided interest in the commonly owned areas; or

2.

A share in the corporation or voting membership in an association owning commonly owned area.

(3)

Distance. Ten-foot minimum distance shall be required between buildings.

(4)

Driveway guidelines.

a.

Driveways on corner lots should be located as far as possible from street intersections.

b.

No curb cut shall be permitted except in connection with approved driveways that provide access to a garage or parking.

c.

No more than one curb cut per residential lot shall be permitted along the same frontage.

d.

Driveway widths are encouraged to be kept at a minimum. Where a driveway is proposed adjacent to another driveway on an adjacent property, a minimum of an eighteen-inch width planter should be provided. If feasible, shared driveways between adjacent properties is encouraged.

e.

A minimum of fifteen (15) percent of the driveway area shall be surfaced with brick, pavers or other comparable decorative paving systems. The use of alternative materials to pave driveways is encouraged to reduce impervious surfaces.

(5)

Dwelling unit type. All dwelling units shall be single-family residences. The inclusion of an attached accessory dwelling unit is encouraged to increase housing affordability, create a wider range of housing options within the community, support multigenerational housing, and facilitate better use of the existing housing fabric in established neighborhoods.

(6)

Open space. A minimum of three hundred (300) square feet of open space per residential dwelling unit, with a minimum dimension of ten (10) feet in any direction is required. At least fifty (50) percent of the above-described area shall be developed for recreational or patio uses. Required side yards shall not count towards this requirement.

(7)

Parking. In addition to the requirements for "off-street parking, storage and loading" in this title, the following parking requirements shall apply.

a.

Two (2) enclosed parking spaces per unit.

b.

Tandem parking shall be permitted subject to approval by the director of community development.

c.

Garages shall not occupy more than fifty (50) percent of the linear building frontage facing the right-of-way and shall be set back a minimum of five (5) feet from the front facade of the residential building.

d.

One guest parking space per two (2) units. Residential units having a minimum of twenty-five (25) feet of frontage on a public street shall not be counted towards the number of units used to calculate the required number of guest parking spaces.

(8)

Trash areas. Projects shall provide adequate trash storage space as determined by the director of community development and the building official. The garage may not be used to store the containers unless a dedicated space in excess of the four hundred (400) square foot requirement is provided.

(H)

Consideration in review of applications. The director of community development-shall consider the following matters, in addition to others deemed necessary to determine if the project meets the criteria of this section, in their review of the application:

(1)

The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways.

(2)

Appropriate building siting should be used to reduce perception of bulk, maximize open space, increase pervious area, and provide community-gathering spaces.

(3)

The location, height, and material of fences, walls, hedges, and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility installations, and other unsightly aspects of the development.

(4)

The preservation of existing healthy trees.

(5)

Consideration of exterior design in relation to adjoining structures in terms of area, bulk, height, openings, and breaks in the facade facing the street.

(6)

Consideration of the appropriateness and compatibility of the proposed architectural design and site layout in relation to the adjacent uses and the area as a whole.

(I)

Approval criteria. The director of community development shall approve the application if it finds that all of the following criteria have been established:

(1)

The proposed development is found to be consistent with the findings to support site plan review,

(2)

The proposed development clearly would result in a more desirable environment and use of land than would be possible under existing provision for the underlying zoning district classification,

(3)

The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area,

(4)

The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole.

(Ord. No. 839, § 9, 9-6-22; Ord. No. 852, § 4(D), 5-16-23)

(A)

Purpose. The purpose of this section is to establish regulations for additional single-family dwelling(s) to be permitted on large properties located in the A-1 (agriculture, noncommercial) and R-1 zone (single-family residential).

(B)

Development standards. Detached single-family dwellings may be constructed on any parcel containing an existing single-family dwelling unit provided:

(1)

The parcel is ten thousand (10,000) square feet or larger;

(2)

The density of the parcel will not exceed five thousand (5,000) square feet per unit; and

(3)

One guest parking space per two (2) units shall be provided.

(4)

Shall comply with all standards applicable to a single-family dwelling.

(Ord. No. 839, § 9, 9-6-22)

(A)

Abatement-relocation assistance.

(1)

In the event any structure which is rented or occupied for habitable dwelling purposes is determined to be a public nuisance and abated by the city due to unsafe or hazardous living conditions under any provisions of the Lomita Municipal Code, or due to illegal use or occupancy of the structure for habitable dwelling purposes, any tenant evicted as a result of such abatement, or notice of such abatement, who is not then in arrears or default of rent, and who has not caused or substantially contributed to the condition giving rise to the abatement, shall be entitled to receive from the property owner relocation assistance upon vacating the structure. For purposes of this section, relocation assistance shall consist of two (2) months' rent and refund of any security deposit pursuant to Civil Code Section 1950.5, or other arrangements agreeable to the tenant as evidenced by a written agreement between the tenant and the property owner.

(2)

If the property owner is required to evict the tenants with less than thirty (30) days' notice due to the condition of the structure, the owner shall provide the tenant with alternate, safe, and legal housing for thirty (30) days after notice of eviction. This requirement for alternate housing shall be in addition to relocation assistance as defined herein.

(B)

Tenant compliance. The tenants' entitlement to relocation assistance provided by this chapter is conditioned upon the tenants' compliance with the eviction notice.

(C)

Exception. The property owner is not required to pay relocation assistance to tenants evicted from residential units that become unsafe or hazardous resulting from earthquake, flood, or other natural disaster except where such condition remains unrepaired for more than three (3) years after the disaster, or from recent events that are beyond the control of the property owner, including, but not limited to, damages caused by tenants.

(D)

Relocation costs.

(1)

In the event the property owner fails, neglects or refuses to pay to the tenant upon vacating such structure the relocation assistance as defined in section 6.02.010, the city may cause the payment of such relocation assistance, including any security deposit and alternate housing costs, and charge the costs thereof against the property or its owner.

(2)

The cost of such relocation assistance shall be paid from a reimbursable fund, may be made a special assessment against the property involved, and may be made a personal obligation of the property owner.

(E)

Reimbursable fund.

(1)

The city council shall establish a special reimbursable fund to be designated for abatement relocation assistance for evicted tenants. Payments shall be made out of said fund upon the demand of the director of community and economic development or the building official to defray the costs and expenses which may be incurred by the city in causing the payment or relocation assistance to evicted tenants of abated structures.

(2)

Maintenance of reimbursable fund. The city council may at any time transfer to the reimbursable fund, out of any money in the general fund of the city, such sums as it may deem necessary in order to expedite the performance of the abatement, and any sum so transferred shall be deemed a loan to the reimbursable fund and shall be repaid out of the proceeds of the collection thereof. All funds recovered from the property owner shall be paid to the city, who shall credit the same to the reimbursable fund.

(Ord. No. 845, § 4(K), 3-21-23)

Zone P is established to provide off-street parking for neighboring commercial and residential zones. Zone P shall be used as a suffix zone and shall permit in addition to off-street parking any use permitted in the residential zone to which it is attached.

(Ord. No. 245, § 1, 3-21-77; Ord. No. 839, § 9, 9-6-22)

Property in Zone P may be used for any use provided for in the zone classification to which said Zone P is added as a suffix.

In addition property in Zone P may be used for the parking of automobiles for a noncommercial basis for the convenience of the patrons, tenants and employees of legally operated commercial premises subject to provisions of Articles 66 and 77 of this chapter.

(Ord. No. 245, § 1, 3-21-77; Ord. No. 839, § 9, 9-6-22)

Premises in Zone P shall be subject to the standards of development of the zone to which they are added as a suffix. Required setbacks along highways, streets, or other roadways shall be landscaped and landscaping shall be considered in addition to that required by Article 66.

When a property is used for parking as provided in this section, no structures are permitted other than:

(1)

Necessary paving, wheel stops as provided in Article 66 or otherwise required by the planning commission.

(2)

Walls not greater than six (6) feet and not less than five (5) feet along the property boundary along other than street frontages.

(3)

A wall not less than thirty (30) or more than forty-two (42) inches along street frontages.

(4)

Light standards for the lighting of parking area to a maximum of six (6) feet as measured to the highest point on the standard.

(5)

Irrigation systems for the watering of landscaped areas.

(Ord. No. 245, § 1, 3-21-77; Ord. No. 839, § 9, 9-6-22)