The following regulations shall be limitations on, and be applicable to, all properties and uses on any residential R-zoned lots.

(Prior code § 9230.1)

Refer to Exhibit 17.10.020, Residential Development Standards, for specifications not shown here.

(Ord. 2062 § 2, 1991; Ord. 2022 § 5 (a), 1990; prior code § 9230.2 (part))

Exhibit 17.10.020

RESIDENTIAL DEVELOPMENT STANDARDS TABLE

* A bedroom is any room other than the living room, kitchen or bathroom, which is 70 square feet or larger in size and which is not a portion of an adjoining room.

** For creation of new lots only.

** Coverage includes accessory structures and patio covers.

Refer to Exhibit 17.10.020, Residential Development Standards.

Prior code § 9230.2 (A))

In addition to the minimum setback requirements for main and accessory buildings shown in Exhibit 17.10.040, Minimum Setback Requirements, the following provisions are applicable:

A.

All Zones.

1.

For every three feet of building height over fifteen feet, the setback requirement will increase by one foot.

2.

If stories above fifteen feet in height are stepped back the length of the required setback, no additional setback on the ground floor is required (see Illustration 17.10.040(A)(2)).

EXHIBIT 17.10.040(A)(2)
STEPPED BACK STORIES

B.

R-3 and R-4 Zones. If primary access to the units is from side yard, then a ten-foot setback is required. If secondary access to the units is from side yard, then a five-foot setback plus one foot for each unit is required (up to a combined total of ten feet).

(Prior code § 9230.2 (B) (part))

EXHIBIT 17.10.040

MINIMUM SETBACK REQUIREMENTS TABLE

A.

The distance between buildings used for human habitation shall be a minimum of ten feet.

B.

The distance between main and accessory buildings shall be a minimum of ten feet or five feet with one-hour fire-resistant construction throughout the accessory building. The five-foot area between buildings shall be open from the ground to the sky.

(Prior code § 9230.2 (B) (part))

A.

All garages must be constructed and maintained with overhead doors.

B.

R-A, R-1, and R-2 Zones. Standards are established in Chapter 17.52 of this code, Off-Street Parking.

C.

R-3 and R-4 Zones. In addition to the standards set forth in Chapter 17.32 of this code, Off-Street Parking, the following provisions are applicable:

1.

No detached garage may be erected in front of the main building of any lot.

2.

If a garage is attached to, and is a part of, the main building, not more than forty percent of the total frontage of the building, including all stories, may be devoted to garage entry purposes.

(Prior code § 9230.2 (C))

Refer to Exhibit 17.10.020, Residential Development Standards, for specifications for all zones.

(Prior code § 9230.2 (D))

A.

Whenever a driveway is located within a required side yard, and when dwelling units face the yard, a landscaped area at least five feet wide shall be maintained between such a driveway and any dwelling unit building on the same lot. Required walkways may encroach not more than thirty inches into this landscaped area.

B.

Shrubs, flowers, plants and hedges not more than thirty-six inches in height, as well as trees shall be permitted in any required yard.

C.

Landscaping is required throughout required setbacks and other open areas which are visible from the public right-of-way and which are not used for parking, access or loading.

D.

Landscaping shall consist of a combination of trees, groundcover and shrubbery to adequately cover all designated landscaped areas when installed. Plant materials shall cover the designated planting area from the outset.

E.

All landscaping shall be maintained in a neat, clean and healthful manner.

F.

Nonliving material shall not be substituted for required landscaping.

G.

R-3 and R-4 Zones Only. A landscape plan (including plans for a permanent underground automated irrigation system) shall be submitted with the site plan for all residential development.

(Prior code § 9230.2 (E))

A.

There shall be designated internal walkways between the public streets and the front door of each dwelling unit, and between off-street parking area and any door of such dwelling unit. Such walkways shall be a minimum of thirty inches wide and shall be improved with a hard durable-type surface. They shall be free of any overhead obstruction less than seven feet high.

B.

Driveways shall not be considered in lieu of required internal walkways except where stairways and stair landings encroach upon such walkways.

(Prior code § 9230.2 (F))

A.

All outside trash and garbage collection areas shall be enclosed or screened with a six-foot high view-obscuring wall or fence with gates and shall be located so as to allow for convenient pickup and disposal.

B.

All trash containers shall be provided with tight-fitting lids.

C.

Trash areas for multiple-family dwellings shall provide the equivalent of not less than seventy-five gallon capacity container per dwelling unit. Where commercial trash containers (three cubic yards or more) are used, there shall be not less than one such container for every seven dwelling units.

D.

Trash enclosures shall be considered as accessory structures.

E.

Trash areas shall be located within one hundred fifty feet of the units which they serve.

(Prior code § 9230.2 (G))

The equivalent of not less than five square feet of enclosed floor space per dwelling unit shall be provided for the storage of building maintenance tools and laundry facilities. No such area shall contain less than seventy-five square feet of floor area unless individual facilities are provided.

(Prior code § 9230.2 (H))

A.

Where dwelling units face each other and have doors or window access on only one side of the court, a court of not less than fifteen feet in width shall be provided.

B.

Where opposing walls of a building or buildings each have door access to a court, the court width shall be at least twenty feet.

C.

All courts shall be unobstructed from the ground to the sky except as provided in Section 17.50.050

D.

Courts on which door or window access is provided on only one side of the courtyard shall increase in fifteen- foot increments for every four stories or forty-five feet.

E.

Courts on which door or window access is provided on opposing walls, shall increase in twenty-foot increments for every four stories or forty-five feet.

(Prior code § 9230.2 (I))

A.

See Exhibit 17.10.130, Fencing Standards, for allowable height and placement.

B.

The provisions of this Section shall not apply to fences required by state law to surround and enclose public utility installations.

C.

In any R-zone, a wall, fence or hedge thirty-six inches in height may be located and maintained on any part of a lot. A wall, fence or hedge not more than six feet in height may be located anywhere on the lot behind the rear line of the required front yard with the exception of reversed corner lots. Within the required front yard, a wrought iron or similar nonview obscuring decorative fence not more than six feet in height may be permitted. The fence shall be subject to the approval of the city planner in order to insure adequate site distance for traffic safety. Chain link fence and fences of similar materials are not considered decorative in nature.

D.

All screening or fencing visible from the public rights-of-way shall be composed of:

1.

Decorative masonry walls (slumpstone, stuccoed, split-face or similar);

2.

Evergreen shrubs closed spaced and maintained in a healthy and attractive state;

3.

Wooden fencing of adequate aesthetic and structural quality (no plywood sheeting);

4.

Decorative wrought iron;

5.

Electric Fence surrounded by a protective barrier; or

6.

Other materials if found by the planning commission to be architecturally or aesthetically in keeping with the building and the neighborhood.

However, in no event shall corrugated or sheet metal, fiberglass or any plastic material (not covered by subdivision 5 of this subsection) remain on any residential lot for more than one hundred twenty days beyond the effective date of the provisions of this section.

E.

Electric Fences. No Electric Fence shall be installed or used unless first approved by the Community Development Planning Director or his designee.

1.

The following meanings will be defined as follows throughout this Section:

"Electric Fence" means any fence that meets the following requirements:

a.

The fence is powered by an electrical energizer with both of the following output characteristics:

(1)

The impulse repetition rate does not exceed 1 hertz (Hz).

(2)

The impulse duration does not exceed 10 milliseconds or 10/10,000 of a second.

b.

The fence is used to protect and secure commercial or industrial property.

"Protective Barrier" means an exterior fence or wall a minimum of six feet in height, restricting direct access to an Electric Fence. When abutting an existing or planned residential area, or a residentially developed parcel, the Protective Barrier shall consist of a solid material (i.e., a wooden fence or masonry wall). A Protective Barrier is subject to the standards of this Chapter. In no event shall an Electric Fence be installed without a perimeter Protective Barrier.

2.

An owner of real property may install and operate an electrified fence on their property subject to all of the following:

a.

The property is located in the CM, M-1, and M-2 Zone or with Site Plan Review approval in the CR, C-1, and C2 Zone, and any other zone located within 150 feet of a residential use pursuant Chapter 17.04 of this Code.

b.

The fence meets the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in "International Standard IEC 60335, Part 2-76."

c.

The fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:

(1)

The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding thirty FT.

(2)

The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.

(3)

The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions.

d.

Within nonresidential zoning districts, except industrial zoning districts, an electrified fence shall not exceed ten FT in height and shall be located behind a fully enclosed Protective Barrier that is no less than two FT below the height of the Electrified Fence.

e.

Within industrial zoning districts, an electrified fence shall not exceed sixteen FT in height and shall be located behind a fully enclosed Protective Barrier that is no less than two FT below the height of the Electrified Fence.

f.

Protective Barrier Setbacks. Setbacks between the Protective Barrier and Electric Fence are required as follows:

(1)

Any opening in the perimeter Protective Barrier that is less than or equal to three inches shall require a minimum twelve inch setback for the Electric Fence.

(2)

Any opening in the perimeter Protective Barrier that is greater than three inches but less than six inches shall require a minimum three foot setback for the Electric Fence.

(3)

When abutting an existing or planned residential area, or a residentially developed parcel, a Protective Barrier consisting of a minimum six foot high solid wooden fence or masonry wall shall require a minimum twelve inch setback for the Electric Fence. Any other Protective Barrier proposed adjacent to an existing or planned residential area, or a residentially developed parcel, is required to have an approved mesh installed, as reviewed by the Community Development Department, as a secondary protective barrier, be a minimum of six feet in height and require a minimum twelve inch setback from an Electric Fence.

g.

A "Knox Box Electrical Shunt Switch" and a "Knox Box" or other similarly approved device, shall be installed for emergency access of Police and Fire Departments.

h.

As a condition of a building and/or electrical permit to install or use an Electric Fence as provided by this subsection, the applicant and property owner shall enter into an agreement , to defend, indemnify and hold harmless the city and its agents, officers, consultants, independent contractors, and employees, from any and all claims, actions, or proceedings arising out of any personal injury, including death or property damage caused by the electrified fence. The Director of Community Development shall have the authority to enter into such an agreement on behalf of the city.

i.

In the event that access by the City of Montebello Fire Department and/or Police Department personnel to a property where a permitted electrified fence has been installed and is operating required due to an emergency or urgent circumstances, and the Knox Box or other similar approved device referred to in this Subsection is absent or non-functional, and an owner, manager, employee, custodian, or any other person with control over the property, is not present to disable the Electric Fence, the fire or police personnel shall be authorized to disable the electrified fence in order to gain access to the property. As a condition of permit issuance, all applicants issued permits to install or use an electrified fence as provided in this Subsection will agree to waive any and all claims for damages to the electrified fence against the city and/or its personnel under such circumstances.

j.

It shall be unlawful, and a misdemeanor, for any person to install, maintains or operates an electrified fence in violation of this Subsection.

(Prior code § 9230.2 (J))

(Ord. No. 2420, § 2, 3-25-2020)

EXHIBIT 17.10.130

FENCING STANDARDS

* See Illustrations 17.10.130.

ILLUSTRATIONS 17.10.130

RETAINING WALL STANDARDS

Retaining wall within front side yard setback facing street protecting cut or fill which results in a change in lot grade of sidewalk.

At least one hundred cubic feet of enclosed accessory storage space shall be provided for each dwelling unit. The space may be located adjacent to each unit or in a garage serving the unit; provided, that it does not interfere with the parking of a vehicle.

(Prior code § 9230.2(K))

All improvements in open areas shall be maintained so as to readily dispose of all storm runoff and all surface water to eliminate any puddles or standing water. In no event shall drainage be permitted to cross over a public sidewalk.

(Prior code § 9230.2(L))

A.

All required driveways shall be open and unobstructed, for their full required width, to a minimum overhead clearance of fourteen feet. Utility meters, trash receptacles, power poles, exterior plumbing and any similar facilities are specifically prohibited within the driveway areas.

B.

Screen walls separating the driveway from adjoining property may extend not more than eight inches into the driveway except where the driveway is also used as a turning area behind parking spaces.

(Prior code § 9230.2(M))

A.

All mechanical equipment shall be completely enclosed or screened.

B.

No mechanical equipment or utility meters shall be located in the front yard or street side yard of any lot, unless the equipment or meter is located behind required setbacks and screened in a manner architecturally compatible with the existing structure.

C.

Satellite dish antenna as well as heating and air conditioning equipment, pumphouses for swimming pools, utility meters, elevator returns, and so forth, shall be considered "mechanical equipment."

D.

R-3 and R-4 Zones. A solid wall, view-obscuring fence or dense evergreen hedge with a minimum height of six feet shall surround any recreation area, swimming pool area, patio, play area, clothes drying area, utility area, open parking area, outdoor living area or similar specialized activity area except uses located within "courts" as defined in this title.

(Prior code § 9230.2(N))

Buildings may be considered to be connected, when the roof is extended from one building to the other, for not less than fifty percent of the length of the opposing wall of the smaller of such buildings, but in such cases, the required yard areas for the main building shall then apply to the entire structure.

(Prior code § 9230.2(O))

A.

No enclosed stairways shall be placed in front of, and within ten feet of, any door or window. Open stairways (bucket-type stairs) with open rails may be placed not less than five feet away from any such door or window.

B.

All buildings containing units above the third floor shall be served with elevators in addition to the stairways otherwise required by law.

C.

For purposes of this section, the number of floors in a building shall be counted from the lowermost floor to the uppermost floor and shall include subterranean off-street parking areas.

(Prior code § 9230.2(P))

No outdoor clothes drying area shall be allowed or maintained except on the ground floor level and within the area to the rear of the rearmost main building.

(Prior code § 9230.2(Q))

A.

Definitions. The following words, for the purpose of this section, shall be defined as follows:

"Disabled vehicle" means a vehicle which is not operable by reason of the removal of, or damage to, integral component parts.

"Disassemble" means the same as dismantle.

"Dismantle" means the removal or stripping of one or more integral component parts from a vehicle.

"Park" means the standing of a motor vehicle, other than for the purpose of loading or unloading merchandise or passengers.

"Repair" means the work necessary to restore a vehicle to a useable condition.

"Store" means to keep or locate for future use.

"Vehicle" means and includes motorcycle, motor-driven cycle, motor truck, passenger vehicle, as these phrases are defined in the Vehicle Code of the state of California, and all similar types of vehicles.

B.

Repair and Assembly of Vehicles. The occasional and incidental repair and assembly of vehicles is permitted but shall be limited to vehicles owned by the person(s) in possession of the premises and shall be subject to the following restrictions:

1.

Time Limitations. Not longer than seven days within a thirty-day period shall constitute "occasional and incidental."

2.

Work Area. For any period in excess of the seven-day limit, repair and assembly work shall be limited to work done within an enclosed building or within an open area that is completely enclosed by exterior building walls and/or view-obscuring walls or fences not less than six feet in height.

C.

Parking of Vehicles.

1.

No person shall park any vehicle or any component thereof, for any purpose, in any front or side yard area of any R-zoned lot except in the driveway area.

2.

Except as provided herein, no off-street parking spaces or parking areas, whether required or not, shall be located within the front yard area or in front of the main building. Such parking facilities, when completely below ground level, may occupy required front yards. (R-3 and R-4 zones only.)

3.

No off-street parking spaces or parking areas, whether required or not, shall be located within required side yards. Parking facilities, when completely below ground level, may occupy required side yards. (See Section 17.52.190.)

D.

Commercial Parking Facilities.

1.

Off-street parking facilities which are to be utilized for a use permitted in any zone other than an R-zone, may be permitted on an R-zoned lot; provided, that a conditional use permit for such usage shall not be issued unless the following conditions are met:

a.

That the lot to be used for parking facilities abuts a lot line of the lot upon which the use to be served is located, or the lot lines of the two lots are separated by an alley; and

b.

That the parking facilities shall be used solely for the parking of private passenger vehicles; and

c.

That no signs of any kind, other than those designating entrances, exits or conditions of use, shall be maintained on such lot. Such signs shall not exceed eight square feet in face area.

E.

Parking Within Driveways.

1.

A "no parking" sign shall be located at the entrance to, and at fifty-foot intervals, in and along each driveway which services an off-street parking facility serving five or more dwelling units.

2.

Where a driveway serves parking facilities of five or more vehicles, no person shall park, stand or leave any vehicle in any portion of the driveway, except for the purpose, and during the process, of loading or unloading passengers or goods, and only while such vehicle is attended by the operator thereof.

F.

Storage of Commercial Vehicles. No person shall park or store any commercial vehicle, as that phrase is defined in the Vehicle Code of the state, which has a capacity of greater than three-quarters of a ton, in any R-zone.

G.

Outdoor Storage Areas. All outdoor storage that occupies a space of more than sixty cubic feet and is visible from any abutting public street shall:

1.

Not exceed an overall height of six feet;

2.

Be enclosed by a view-obscuring fence or wall six-feet high.

(Prior code § 9230.3(A))

All plans for buildings or structures, other than single-family residential units, proposed to be located upon properties included in the district, shall be submitted to the planning commission and the city council for review and approval prior to the issuance of a building permit. (See Chapter 17.40 of this code.)

(Prior code § 9230.3(B))

A.

Generally, see Chapter 12.16 of this code.

B.

Garage Sales in R-Zones.

1.

Not more than four such sales shall be permitted on any residential zoned lot, during the calendar year January through December; and

2.

No such sale shall have a duration in excess of three consecutive "weekend days." "Weekend" for the purpose of this section shall be defined as a consecutive Friday, Saturday and Sunday; and

3.

Such sales be limited to the first full "weekend" during the months of March, June, September and December; and

4.

Such sales shall be conducted only during the hours of nine a.m. and six p.m. of any permitted "weekend day;" and

5.

All items available for sale and/or personal property utilized in conjunction with such sale shall be kept on private property and shall not encroach into neighboring properties or into the public right-of-way; and

6.

Not more than one sign shall be displayed on the premises where a garage sale is conducted for the purpose of advertising such sale; and

7.

The placement of signs on public property is prohibited, as provided in Section 17.62.150, Prohibited signs; and

8.

No fee or special permit shall be required to conduct such a sale; and

9.

Any violation in conducting a garage sale, except as permitted by the provisions of this section shall constitute an infraction and is subject to a fine as provided in Section 17.06.070 of this code.

(Ord. 2141 § 3, 1996: prior code § 9230.3(C))

See Appendix A, Index of Permitted Uses, and Chapter 17.70 of this code, Conditional Use Permits.

(Prior code § 9230.3(D))

Any owner of a residential property in the R-A or R-1 zone having a garage or a detached structure which has been converted into living quarters in violation of the provisions of this code may obtain a deferment of enforcement as to such conversion until such time as the property is sold or title is otherwise transferred in accordance with the provisions of this section.

A.

Certificate of Deferment. The city will defer enforcement action in cases where a garage or detached structure has been converted to living quarters in violation of the provisions of the Montebello Municipal Code if the property owner obtains a certificate of deferment according to the following procedures:

1.

Application must be received by the city by October 31, 1988, in order to be eligible for deferment. Applications for deferment must be accompanied with a forty-five dollar application fee.

2.

Following the submittal of an application for a deferment, an inspection of the premises will be made by the city or any garage and/or detached structure, and a deferment inspection report prepared.

3.

Corrections required to ensure the health and safety of occupants noted on the deferment inspection report must be completed on or prior to the expiration date specified in the report. Follow-up inspections needed to ensure completion of corrections will be subject to a twenty-five dollar fee per inspection.

4.

If no corrections are required subsequent to an inspection, or when corrections are completed prior to the date specified on the deferment inspection report, a certificate of deferment will be issued and recorded with the Los Angeles County recorder's office by the city.

5.

All garages and detached structures converted to living quarters in violation of the provisions of this title and for which no certificate of deferment has been issued are subject to immediate code enforcement action according to standard procedures.

B.

Certificate of Occupancy. Any property for which a certificate of deferment for a conversion has been recorded must receive a certificate of occupancy prior to the transfer of title. Issuance of a certificate of occupancy shall void the certificate of deferment.

1.

A certificate of occupancy may only be issued to such a property subsequent to a reconversion of the garage or detached structure so that it may be used in a manner consistent with the provisions of this title, and an inspection to ensure adequate completion of such reconversion. An inspection shall be made by the city upon request of the owner and the payment of a standard inspection fee.

2.

An owner who sells his property without obtaining a certificate of occupancy is guilty of a misdemeanor violation of law.

3.

Exemptions from the requirement for reconversion and obtaining a certificate of occupancy may be considered and granted by the city manager or his designee for any nonmarket title transfer of property which would qualify for exemption from any title transfer fee required by law.

(Prior code § 9230.3. (E))

A.

Notwithstanding any other provision of this code, no tentative subdivision tract map or parcel map, which would have the effect of creating a condominium or a community apartment project or stock cooperative project from the existing dwelling units, shall be approved, nor shall a final map be recorded, unless the following requirements are met and guaranteed in a manner approved by the city council:

1.

That there are not less than two enclosed off-street parking spaces for each dwelling unit plus one visitor space per three units, developed in accordance with the provisions of Chapter 17.52 of this code; and

2.

That all existing buildings and structures shall comply with all applicable building regulations of the city, in effect at the time of filing the tentative map; and

3.

That whenever the city council finds it necessary, in order to adequately serve the development proposed by such map, to require the subdivider to construct public improvements and/or dedicate land for a public use, to be accomplished or guaranteed in the manner approved by the city council; and

4.

That concurrent with the filing of the tentative subdivision tract map or parcel map, the subdivider shall submit to the city planner each of the following;

a.

A written declaration of service, in a form prescribed by the planning commission, indicating that on a date not less than sixty days prior to the filing of the tentative subdivision tract map or parcel map, all tenants were served with the notification of intention to convert required by Section 66427.1(a) of the Government Code. The notice shall be given at least one hundred eighty days prior to the determination of tenancy due to the conversion or proposed conversion; and

b.

An accurate current list of all tenants; and

5.

That all notices to tenants required by state law subsequent to the filing of the tentative subdivision tract map or parcel map shall be approved by the city attorney as to form and content prior to mailing; and

6.

That at least ten days' written notification is provided each tenant of the application for a public report submitted to the Department of Real Estate; and

7.

That each person applying for rental of a unit within a project proposed for condominium conversion within sixty days prior to the filing of a tentative map for such conversion shall be given written notice of such filing pursuant to and in the manner prescribed by Section 66452.8(a) and (b) of the Government Code; alternatively, fees shall be paid to the tenant as prescribed in Section 66452.8(c) of the Government Code; and

8.

That the staff reports and notices which are required to be served on the tenants shall be prepared and served the city. The city shall be reimbursed by the subdivider for the administrative material and mailing cost of:

a.

Notice preparation (Government Code Section 66451.3),

b.

Staff report preparation (Government Code Section 66452.3).

B.

If the existing building, structures or uses included on such a map, have a legal nonconforming status, the approval of such map will not eliminate such status, nor extend the period of abatement for the termination of such nonconformity. (See Chapter 17.08 of this code for definition and Chapter 17.54 of this code for regulations.)

(Prior code § 9230.4)

No building permit shall be issued for the construction, reconstruction or relocation of any buildings or structures to be located on any R-zoned lot, abutting upon a street having a lesser width than that established by resolution of the city council unless the following requirements are complied with:

A.

Dedication of Street Right-of-Way. When the building permit valuation is fifteen thousand dollars or more, the owner of the lot shall make a formal offer of dedication to the city for public street purposes, and all uses appurtenant thereto of a depth equal to one-half of the width of the street as described in the resolution.

B.

Setbacks. The required setbacks shall be maintained for all buildings, structures and improvements including off-street parking as measured from the right-of-way width. (See Exhibit 17.10.020, Residential Development Standards.)

C.

Off-Site Improvements. When the building permit valuation is seven thousand five hundred dollars, any building permit shall be subject to provide improvements for curb, gutter and sidewalk in compliance with Chapter 15.04 of this code.

(Prior code § 9230.5)

A.

Purpose. This section sets forth regulations for accessory dwelling units, also known as "second dwelling units," in residential zoning districts consistent with state law (California Government Code Sections 65852.1 through 65852.2). The purpose of these regulations is to help expand affordable housing opportunities for low-income and moderate-income or elderly households by increasing the number of housing units available within existing neighborhoods while ensuring and maintaining healthy and safe residential living environments, including compatibility with surrounding uses and maintenance of the character of the neighborhood. Second dwelling units are intended to provide livable housing at lower cost while providing greater security, companionship and family support for the occupants.

B.

Permitted by Right in R-2, R-3 and R-4 Zones with Compliance to Standards. Second dwelling units shall be permitted as a matter of right, without any required discretionary review (conditional use permit) in the R-2, R-3 and R-4 zones within the city, provided that they comply with the residential development standards applicable to these zones.

C.

Permitted by Right in R-1 and R-A Zones with Compliance to Standards. Second dwelling units shall be permitted as a matter of right, without any required discretionary review (conditional use permit), in conjunction with any existing single-family dwelling unit in the R-1 and R-A zones, provided any such second dwelling unit conform to the following standards:

1.

A second dwelling unit must be located on a lot that has only one single-family dwelling unit prior to construction of the second dwelling unit. The previously existing single-family dwelling shall be referred to herein as the "primary" dwelling unit. The second dwelling unit must be clearly subordinated in size to the primary dwelling unit, and the second dwelling unit must be located on the same lot as the primary dwelling unit.

2.

The second dwelling unit is either attached to the existing primary dwelling unit and located within the living area of the existing dwelling unit or detached from the existing dwelling unit and located on the same lot as the existing dwelling.

3.

An accessory dwelling unit may only be established on lots that have and maintain the minimum lot size and dimensions consistent with the existing general plan and zoning designations for the lot. An accessory dwelling unit is not permitted on sub-standard lots.

4.

The distance between a detached accessory dwelling unit and the primary dwelling unit shall be a minimum of ten feet. If the entrance of a detached accessory dwelling unit faces the rear of the primary dwelling, the accessory unit shall be separated by a minimum distance of twenty feet from the primary dwelling unit.

5.

Only one accessory dwelling unit shall be permitted per parcel or lot in conjunction with an existing single-family dwelling unit.

6.

The development of an accessory dwelling unit shall be subject to all minimum development standards, including, but not limited to, requirements set forth in the Montebello Zoning Code relating to height, setback, lot area, lot dimensions, lot coverage (see Exhibit 17.10.020 of this chapter), design guidelines, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the accessory dwelling unit is located.

7.

The accessory dwelling unit shall comply with the Uniform Building Code, the Uniform Fire Code, and all city building and fire requirements, as appropriate, in addition to the requirements of this section.

8.

When adding an accessory dwelling unit that is attached to the primary dwelling unit as a second story, the entire structure must comply with all height requirements that apply to the zone in which the property is located.

9.

The gross living area of an accessory dwelling unit shall not be less than three hundred fifty square feet and shall not exceed thirty-five percent of the existing living area of the primary dwelling unit for attached accessory dwelling units, or one thousand two hundred square feet for detached accessory dwelling unit. "Gross living areas" shall refer to all habitable space, excluding any garage or patio area.

10.

An accessory dwelling unit that is attached to the primary dwelling may be established utilizing a portion of the living area within the primary dwelling, or as an addition and utilizing a portion of the living area of the primary dwelling, or designed strictly as an addition to the primary dwelling unit. However, the increased floor area of an attached second unit shall not exceed thirty-five percent of the existing living area of the primary dwelling unit.

11.

No accessory dwelling unit shall be permitted unless the primary dwelling unit provides parking in compliance with Exhibit 17.52.050. Additional parking for an accessory dwelling unit shall be provided with one off-street parking space per unit. Such parking space shall be enclosed with a garage door opening.

12.

The second dwelling unit shall utilize the same vehicular access that serves the existing primary dwelling unit, unless the second unit has access from an alley contiguous to the lot.

13.

All utilities servicing the second dwelling unit shall be metered in conjunction with the primary dwelling unit.

14.

The accessory dwelling unit shall incorporate the same or similar architectural features, building materials, and color as the primary dwelling unit on the property. These features shall include, but are not limited to, architectural styling, roof line, window and door treatment, materials, color, texture and building height, scale, and bulk.

15.

Adequate utilities are available or can be made available to serve the second unit. All utility connections for the accessory dwelling unit to the primary dwelling unit shall be placed underground, unless it is determined to be unfeasible by the city planner.

16.

The accessory dwelling unit shall have a separate entrance from the primary dwelling which shall not be visible from the public right-of-way (street).

17.

The construction of an accessory dwelling unit shall not cause the existing primary dwelling unit to be in conflict with the minimum development standards applicable in the zone in which the accessory dwelling unit property is located.

18.

The address numbers for both the primary and accessory dwelling unit shall be posted on the front of the primary dwelling unit and the accessory dwelling unit as provided in Section 15.08.100.

19.

The primary dwelling unit and the accessory dwelling unit, whether attached to or detached from the primary dwelling unit, shall both be equipped with "hardwired" smoke detectors (with battery backup) and automatic fire extinguishing systems (sprinkler) systems subject to fire department specifications, unless it is determined to be infeasible by the fire department.

20.

After the accessory unit has been established, no guest house shall exist or be established on the property. In addition, the establishment of an accessory unit shall preclude the renting of individual bedrooms to boarders in the primary and/or accessory dwelling units pursuant to Section 17.14.020 which would otherwise apply.

21.

An owner of the property upon which an accessory dwelling unit is located who has at least a fifty percent ownership of the property must utilize either the primary dwelling or the accessory dwelling as their principal place of full-time residence.

22.

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

D.

Nothing in this section shall prevent the construction of multiple-family dwellings otherwise permitted in any multiple-family zone and under applicable development standard of the appropriate zone.

E.

This section shall not validate any existing illegal accessory dwelling units. An application for a permit may be made to convert an illegal accessory dwelling unit to a conforming legal accessory dwelling unit, and the standards and requirements for said conversion shall be the same as for proposed new construction of an accessory dwelling unit.

F.

Applications or proposals for accessory dwellings units which do not comply with respective standards set forth in subsections B and C of this section, may be appealed to the city manager. The appeal shall not include a public hearing and shall be limited to compliance with the standards referenced in this section.

(Ord. 2274 § 2, 2004: Ord. 2109 § 7, 1994)