The regulations established by this chapter apply in any R-1 single family zone, unless otherwise provided by this title.

(Ord. 1376 § 1 (part), 2005: 1965 code Title XII, Ch. 5, § 1)

Uses permitted in the R-1 A zone are as follows:

A.

A single one-family dwelling of a permanent character, placed in a permanent location on each lot.

B.

Private garages, the capacity of which shall not exceed three automobiles.

C.

Accessory uses and structures customarily incidental to any permitted residential use, such as garages, greenhouses and workshops, provided, that none are rented or occupied for gain, and provided further, that no accessory building to be used for living quarters.

D.

Home occupations, subject to review and approval in accordance with the provisions set forth in Chapter 5.68; provided, such uses fully comply with the regulations set forth in Chapter 5.68 and any other additional conditions imposed upon the home occupation permit by the director of development services or the planning commission.

E.

Private greenhouses and horticultural collections.

F.

Public buildings and uses such as schools offering full curricula as required by state law, libraries, museums, parks, playgrounds, community centers, fire and police stations.

G.

Room and board facilities are permitted subject to the approval of a conditional development permit:

1.

All room and board facilities shall meet the requirements of Title 18, this section and require the approval of a conditional development permit issued in accordance with the provisions of Chapter 18.66 and a city business license prior to establishing the room and board facility.

2.

All room and board facilities shall comply with the parking requirements of Chapter 18.58 of the Rialto Municipal Code.

3.

No more than one federal, state or youth authority parolee shall be allowed to live in a room and board facility.

4.

The application submitted for approval of a room and board facility shall identify whether any boarders are currently federal, state or youth authority parolees. Owners and/or operators or approved room and board facilities shall update the information required by this section anytime a person that is federal, state or youth authority parolee is provided accommodation in the approved room and board facility.

5.

All room and board facilities shall require boarders to sign a "crime free lease addendum" to their lease or rental agreement. The "crime free lease addendum" shall provide that any criminal violations perpetrated by boarders shall be grounds for termination of the written or oral lease, sublease or agreement, as reviewed and approved by the police chief or his/her designee.

6.

Room and board facilities shall be in compliance with all requirements of this section and this title prior to the issuance of a conditional development permit authorizing the use and at all times after issuance of a conditional development permit. Violation of any local, state or federal laws by individual boarders, while on the premises shall be grounds for revocation of the permit, including but not limited to residential restrictions imposed on parolees by Penal Code Sections 3003(f), (g) and (i) and 3003.5.

7.

No room and board facility shall be maintained as a nuisance.

8.

Violations of any of the provision in this section shall be grounds for revocation of the conditional development permit authorizing the room and board facility use. The revocation procedures pertaining to revocations of conditional use permits shall be followed.

9.

Room and board facilities existing prior to the effective date of the ordinance creating this section shall be required to comply with the requirements of this section within six months of the effective date.

10.

The owner/operator of any room and board facility shall notify, in writing, all board and occupants of the identity of any: (1) federal, state or youth authority parolee; or (2) person who is required to register pursuant to Penal Code Section 290, who is residing at such room and board facility.

H.

The keeping of the following domesticated animals for noncommercial uses:

1.

Dogs and cats, not to exceed a total of four in combined number of weaned dogs and/or cats; provided, that the total number of dogs shall not exceed three in number. A weaned animal shall be defined as an animal that is four months of age or older.

2.

Keeping of horses is permitted; provided, that stables, corrals and grazing areas are located not less than forty feet from any dwelling on the property, and not less than one hundred feet from any existing dwelling on adjoining properties or any future dwellings on adjoining properties, and not less than one hundred feet from a public park, school, public service structures, churches, commercial and A-P zoned property. In the event dwellings are built in the future on adjoining properties, the permitted keeping of horses must comply with all the above setback requirements or the horses must be removed, and provided further, that:

a.

No grazing is permitted in the required front yard,

b.

The total lot area for the keeping of one horse is not less than twenty-three thousand square feet, and for each additional horse an additional twenty thousand square feet of lot area is required,

c.

Not more than three horses are kept on any lot or parcel,

d.

Where the horse or horses are stabled, corralled or permitted to graze within five feet of any property line, a block wall shall be constructed along the property line between the adjoining properties and adequate fencing (wood or wrought iron) shall be used to corral animals.

3.

Keeping of a miniature horse is permitted with the issuance of a use permit by the planning commission, and provided further, that:

a.

For the purpose of this section, a "miniature horse" is defined as a small-sized horse having a maximum height at the withers of thirty-six inches and a maximum weight of one hundred pounds,

b.

The total lot area for the keeping of one miniature horse is not less than ten thousand square feet, and for each additional miniature horse an additional ten thousand square feet is required,

c.

The use permit may be issued by the planning commission after a hearing at which neighbors, residing within one hundred feet of the residence to which the permit, if issued, will apply, are provided an opportunity to either protest or support the resident's petition for the use permit for a miniature horse. The permit shall be good only for a specifically identified miniature horse. The permit shall lapse upon the death of the animal, for which the permit was issued,

d.

An application for the use permit shall be filed with the department of development services on forms provided by the department for this purpose and shall set forth in detail such information as may be required by the planning commission. At the time of filing the application, a filing fee shall be paid to the city in the amount prescribed by resolution of the city council,

e.

Any person affected by the issuance or denial of a use permit for a miniature horse shall have the right to appeal the decision of the planning commission to the city council. Any such appeal must be filed with the department of development services within fifteen days of the planning commission's decision to issue or deny the use permit for a miniature horse.

I.

Vehicle maintenance and repair work; provided, that such repair work does not exceed three calendar days and that the vehicle shows current registration or proof of ownership in the name of the resident of the property; any maintenance or repair work performed on vehicles other than those owned by the resident is specifically prohibited.

J.

Accessory dwelling units that comply with local building code requirements and Section 18.10.070 of this code.

K.

Electric vehicle charging stations, as an accessory use, in accordance with Chapter 15.64 of the code.

L.

Manufactured homes, subject to the following:

1.

The manufactured home is placed on a permanent foundation system in compliance with Health and Safety Code section 18551.

2.

The manufactured home construction is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401 et seq.).

3.

No more than ten years have elapsed between the date of manufacture of the manufactured home and the date of the application for the issuance of a permit to install the manufactured home in the affected zone. Documentation indicating certification and construction date must be submitted to the building and safety department in order to secure valid building permit(s).

4.

The planning division shall determine if the placement of the manufactured home is compatible to the immediate area in which it is being placed according to the following criteria:

a.

The design of the manufactured home shall be similar in character and appearance to other dwellings in the area for such features as roof overhangs, roof materials, and siding materials.

b.

All development standards of the zone shall apply.

M.

Supportive housing, as defined in Section 18.04.721 of the Rialto Municipal Code.

N.

Transitional housing, as defined in Section 18.04.735 of the Rialto Municipal Code.

O.

Two-unit project, as defined in Section 18.113.020 of the Rialto Municipal Code.

(Ord. 1402 § 1, 2007: Ord. 1376 § 1 (part), 2005; Ord. 1347 § 1, 2004; Ord. 1300 § 3, 1999; Ord. 1239, 1996: Ord. 1234 (part), 1995: Ord. 1212 § 1, 1994; Ord. 1117, 1990; Ord. 1082 § 1, 1989; Ord. 1056 § 1, 1989: Ord. 961 (part), 1986; Ord. 618 § 1, 1972; Ord. 591 § 1, 1969; 1965 code Title XII, Ch. 5, § 2)

(Ord. No. 1463, § 3, 4-13-10; Ord. No. 1590, § 1, 6-13-17; Ord. No. 1597, § 5, 11-28-17; Ord. No. 1640, § 2, 7-14-20; Ord. No. 1641, § 3, 7-14-20; Ord. No. 1642, § 4, 7-14-20; Ord. No. 1645, § 3, 7-14-20; Ord. No. 1665, § 3(Exh. B, § 2), 2-8-22)

A.

Lot area is eight thousand four hundred square feet.

B.

Lot width is eighty feet.

C.

Lot depth is one hundred feet.

D.

Building height limit is two and one-half stories, and not exceeding thirty-five feet.

E.

Front yard is twenty-five feet. Where lots comprising fifty percent or more of the frontage on one side of a street between intersecting streets are developed with front yards of a greater depth, the average of such front yard establishes the front yard depth for the entire frontage of that side of the street and within that block.

F.

Side yard requirements are as follows:

1.

On interior lots there shall be a side yard on each side of the main building of not less than ten percent of the width of the lot, but need not exceed five feet nor may it be less than three feet.

2.

On corner lots, the side yard abutting the street shall be twenty percent of the width of the lot, but need not exceed fifteen feet nor may it be less than ten feet. The interior side yard shall be as for interior lots.

3.

On a reversed corner lot, the side yard abutting the street shall be not less than one-half of the distance required for front yards on interior lots to the rear of such reversed corner lot.

4.

Private garages located in the side yard and opening into the street shall be at least eighteen feet from the side property line.

5.

Interior side yards for each story above the second shall be increased by two feet.

G.

Rear yard requirements are as follows:

1.

Twenty feet except as otherwise provided for accessory buildings;

2.

In the case of corner lots only, a portion of the main structure may extend into the rear yard area provided that the average rear yard of the main structure be not less than twenty feet.

H.

For location of accessory buildings, see Section 18.54.030.

I.

Maximum building coverage is thirty percent of the lot area.

J.

Median and average dwelling size shall be not less than one thousand six hundred square feet, with a minimum dwelling size of one thousand four hundred forty square feet, exclusive of garages, porches, eaves or similar features.

K.

When a lot has an area, width, or depth less than required by this title and was held under separate ownership or was of record at the time this title became effective, such lot may be occupied by any use permitted in the zone subject to the regulations therein.

(Ord. 880 § 1 (part), 1983; Ord. 681 § 1 (part), 1975; 1965 code Title XII, Ch. 5, § 3)

For signs, see Section 18.102.060(D).

(Ord. 1234 (part), 1995: Ord. 681 § 1 (part), 1975: Ord. 624 §§ 1—4, 1972; Ord. 618 § 2, 1972; Ord. 600 § 1, 1971; Ord. 561 § 1, 1967; Ord. 540 § 1, 1966; 1965 code Title XII, Ch. 5, § 4)

For off-street parking requirements, see Chapter 18.58.

(Ord. 1057 § 2, 1989: Ord. 681 § 1 (part), 1975: 1965 code Title XII, Ch. 5, § 5)

For fences, hedges and walls, see Section 18.56.030.

(Ord. 681 § 1 (part), 1975: 1965 code Title XII, Ch. 5, § 6)

A.

Intent. To the extent permissible by law, and pursuant to Government Code Section 65852.2 et seq., this section regulates the development of accessory dwelling units, including junior accessory dwelling units and efficiency units, while maintaining and preserving the essential characteristics of the single-family and multi-family residential zones in which they are located.

B.

Definitions. For purposes of implementing this section the following terms are defined as:

1.

"Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is situated. An accessory dwelling unit also includes the following:

a.

An efficiency unit, as defined in Section 17958.1 of Health and Safety Code; or

b.

A manufactured home, as defined in Section 18007 of the Health and Safety Code; or

c.

A junior accessory dwelling unit, as defined by Government Code Section 65852.22, which means a unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

2.

"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.

3.

"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.

C.

Applicability. Accessory dwelling units shall be a permitted use on all lots in single-family and multi-family residential zones. Accessory dwelling units may be attached to, or located within a proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or may be detached from the proposed or existing primary dwelling. Accessory dwelling units must be on the same lot as the proposed or existing primary dwelling.

D.

Approval; Timeframe. Accessory dwelling units require the submittal of a development application to the community development department. Applications for an accessory dwelling unit must be ministerially approved or denied within sixty days, without a hearing, after an application satisfying the following is deemed complete:

1.

The unit is in any zone where single-family or multi-family dwellings are a permitted use.

2.

The unit is on any lot with an existing single-family or multi-family dwelling.

If the application for an accessory dwelling unit is submitted with an application to create a new single-family dwelling on the lot, the city may delay acting on the application for the accessory dwelling unit until it acts on the application for the new single-family dwelling. The accompanying application for the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay.

E.

Location. The city may designate areas within its jurisdiction where accessory dwelling units may be permitted or prohibited, based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety.

With respect to a lot, accessory dwelling units shall be located at the rear or the side of the primary unit unless it is demonstrated to the satisfaction of the director of community development that the accessory dwelling unit can only be located in front of the primary unit due to extraordinary or physical constraints of the lot.

F.

Independent Living Facility. The accessory dwelling unit shall provide for complete independent living facilities for one or more persons, including permanent provisions for living, access, sleeping, eating, cooking and sanitation.

G.

Design Compatibility. The accessory dwelling unit shall be designed in a style which is architecturally compatible with the primary structure and structures in the immediate neighborhood. It shall not detract from the nature and character of the established neighborhood or primary structure in terms of architectural style, exterior materials and finishes, scale, location, or pattern of development.

H.

Occupancy. The accessory dwelling unit may be occupied without occupancy limitations, but if rented, such rental shall be for a period greater than thirty days. Owner occupancy shall not be required of either the primary unit or the accessory dwelling unit. In the case of a junior accessory dwelling unit owner occupancy shall be required of either the primary unit or the junior accessory dwelling unit.

I.

Subdivision. The accessory dwelling unit shall not be sold separately from the primary unit. No subdivision of any kind, including condominiums or cooperatives, shall be permitted between the primary and accessory dwelling units.

J.

Number of Units. No more than one accessory dwelling unit and one junior accessory dwelling unit are allowed on any lot with an existing or proposed single-family residence. No more than one attached accessory dwelling unit is allowed for every four dwelling units within an existing multi-family development, and each attached accessory dwelling unit shall be located within a conversion of existing non-living space. No more than two detached accessory dwelling units are allowed on a lot with an existing multi-family residence.

K.

Conversion of Existing Structures. An existing, legally permitted attached or detached structure may be converted to an accessory dwelling unit. No setback shall be required for an existing structure that is converted to an accessory dwelling unit other than that which existed prior to conversion. If an existing structure is demolished and replaced with an accessory dwelling unit, an accessory dwelling unit may be constructed in the same location and to the same dimensions as the demolished structure.

If a garage is converted into an accessory dwelling unit, the garage door must be removed and replaced with windows, door, or other design treatments that are consistent with the overall architectural design of the existing structure and the primary dwelling unit.

The city shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or existing accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety.

L.

Ingress; Egress. All requirements for ingress, egress, drive aisleways, and safety shall be met in accordance with Chapter 18.58 of the Rialto Municipal Code.

M.

Building Code Requirements; Development Standards. All accessory dwelling units shall comply with all local building code requirements. All accessory dwelling units, except those that are converted from an existing residence or accessory structure and as provided in this section, shall comply with the minimum yard setbacks, lot coverage, height restrictions and other development standards for the primary unit residence, with the exception of density and minimum lot size, and except as otherwise provided in this section. The primary dwelling unit shall contain the minimum living areas required by the zone, and shall comply with all existing building code requirements and development standards, including the parking requirements.

N.

Parking Requirements. One off-street parking space in a permitted location shall be provided per accessory dwelling unit or bedroom within the unit, whichever is less, in addition to the required parking spaces serving the primary unit. The required spaces may be provided as tandem parking on an existing driveway, provided the space is a minimum nine feet by twenty feet and does not encroach into the public right-of-way. Off-street parking shall be permitted in setback areas in locations determined by the city or through tandem parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street enclosed parking spaces do not need to be replaced.

However, no additional parking shall be required for an accessory dwelling unit in any of the following instances:

1.

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

2.

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

3.

The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

4.

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

5.

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

Except as provided above, the parking requirement of the primary dwelling unit shall remain unchanged and must comply with the applicable development standards.

O.

Driveways. No additional driveway approaches from public streets shall be permitted for accessory dwelling units.

P.

Square Footage. The maximum square footage of an accessory unit shall not exceed fifty percent of the primary unit, or eight hundred fifty square feet, whichever is more. If the accessory dwelling unit has more than one bedroom, the maximum square footage shall not exceed fifty percent of the primary unit, or one thousand square feet, whichever is more. In no case may an accessory unit exceed one thousand two hundred square feet.

The accessory dwelling unit may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing structure. An expansion beyond the physical dimensions of the existing structure shall be limited to accommodating ingress and egress.

Q.

Separate Entrance. Attached accessory dwelling units shall be provided with a separate outside entrance that is not located on the front elevation of the primary unit.

R.

Density. An accessory dwelling unit that conforms to this section shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot.

S.

Lot Coverage Exception. If the applicable maximum lot coverage requirement, or the floor area ratio, would prevent the approval of an attached or detached accessory dwelling unit that is at least eight hundred square feet, an applicant shall, nonetheless, be permitted to construct an attached or detached accessory dwelling unit that is up to eight hundred square feet, provided that the unit complies will all other development standards.

T.

Height. The height of an accessory dwelling unit shall not exceed sixteen feet or one story, whichever is less.

U.

Setback. Except as provided elsewhere in this section, an accessory dwelling unit must have a minimum setback of four feet to the rear and side property lines.

No accessory dwelling unit may be located in a way that would prohibit access to a designated parking area or impede safe ingress and egress from a required side, rear, or front setback.

V.

Utility Metering. An accessory dwelling unit that is not converted from an existing residence or accessory structure shall be metered separately from the primary unit for gas, electricity, and water/sewer services, and may be subject to a connection fee or capacity charge in accordance with Government Code Section 66013. For an accessory dwelling unit created from the conversion of an existing residence or accessory structure, or portions thereof, separate metering is permissible, but not required.

W.

An accessory dwelling unit under seven hundred fifty square feet shall not be charged development impact fees.

(Ord. No. 1641, § 4, 7-14-20)