The following regulations shall be applicable to all uses of property in the R-1 zone to promote the general welfare and encourage smart growth by achieving the following:

   (A)   Encourage improved residential site planning and architectural design to ensure compatibility with the character inherent within the surrounding neighborhood and to provide harmony between the old and the new;

   (B)   Encourage originality, creativity and diversity in design;

   (C)   Protect the low-density character of single-family residential neighborhoods;

   (D)   Promote the upgrading and remodeling of existing single-family dwellings in promotion of high property value and accommodation of changing lifestyles;

   (E)   Create well-designed dwellings that evidence a good sense of proportion and balance, both in exterior form and the placement of such features as windows, doors, and other architectural features;

   (F)   Ensure that the size of new structures and additions does not exceed the scale of their surroundings;

   (G)   To provide adequate separation between structures and the surrounding properties and streets to allow for light, ventilation and access; and

   (H)   To conform to residential design guidelines as they may be adopted from time to time by the City Council.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 526-C.S., passed 7-16-02)

   The following uses shall be permitted by right in Single-Family Residence Zones (R-1):

   (A)   Single-family dwellings of a permanent character placed in a permanent location.

   (B)   Accessory building:

      (1)   Accessory buildings and uses incidental to each single-family dwelling, including a private garage for the accommodation of automobiles, children's playhouses, lath or greenhouses, tool sheds, work rooms, barbecues, recreation rooms, home offices, pool houses/dressing rooms, and sheds for the housing of domestic animals. Such accessory buildings shall be placed upon the same lot or parcel of land and shall not be used or operated commercially. No accessory building shall be used for permanent occupancy by persons, nor exceed a maximum of 200 square feet, except for garages as provided therein.

      (2)   Plumbing for laundry hook-ups may be considered in a garage, provided: there is ample space in the garage so as not to encroach within the minimum required garage size or interfere with vehicles; there is direct and logical access to the main dwelling; and approval is granted by the Community Development Director.

      (3)   A covenant shall be recorded with the County Recorder's Office stating that the accessory structure shall not be used for permanent occupancy by persons and that the accessory structure shall not contain a kitchen or kitchen facilities.

   (C)   Home occupation:

      (1)   Maintaining mail addresses for home occupations, provided no stock-in-trade, supplies, parts, no manufacturing, assembly equipment or materials, and no chemicals are kept on the premises; no employees or assistants are engaged for services on the premises, and no on-premises sales to customers are conducted thereon.

      (2)   Additionally, all home occupations shall comply with the following provisions:

         (a)   Delivery and shipment of materials from the home occupation shall be by the United States Postal Service, or private delivery services generally recognized to make deliveries in residential neighborhoods. Deliveries or pickups by commercial vehicles containing three or more axles shall be prohibited.

         (b)   No home occupation shall generate any traffic, parking, sewerage, or water use in excess of what is normal for residential use.

         (c)   No home occupation may emit any smoke or emission that is visible to the naked eye or that violates any standards established by the South Coast Air Quality Management District and the California Air Resources Board.

         (d)   No home occupation may violate the noise standards contained in this code. No home occupation may generate any obnoxious or adverse odor that can be detected beyond the boundary of the premises.

         (e)   No home occupation may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the lot or individual space.

         (f)   No home occupation may create any electrical disturbance that adversely affects any operations, equipment, appliances, communications devices, or other electrical devices other than those of the creator of such disturbances.

   (D)   Manufactured housing, including factory-built housing, provided the same is developed and maintained in accordance with this subchapter.

   (E)   Publicly-owned and operated parks, playgrounds, and recreation centers, including all the necessary facilities therefor.

   (F)   Flower, fruit and vegetable gardening, for the purposes of propagation and culture for use in cottage food operations or for sale at off-site locations, is allowed in rear yards. Such gardening, when solely for the purposes of propagation and culture for household consumption and not for later sale, may be permitted in the front and side yards as well. On-site sales, signs, displays, and stands are prohibited. Cottage food operations and the sale of produce at off-site locations such as farmers' markets are allowed, subject to applicable rules and regulations. Compost materials shall be set back a minimum of ten feet from property lines and shall be stored in a manner that is not visible from the adjacent property, controls odor, prevents infestation, and minimizes runoff into waterways and onto adjacent properties.

   (G)   Community gardens on vacant property developed and maintained in accordance with § 153.162 herein.

   (H)   Licensed family care homes, foster homes, or group homes serving six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children where authorized pursuant to Cal. Welf. & Inst. Code § 5116.

   (I)   Accessory dwelling units as provided for in § 153.047.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 526-C.S., passed 7-16-02; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 608-C.S., passed 5-10-14; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17; Am. Ord. 644-C.S., passed 6-19-18; Am. Ord. 653, passed 10-1-19)

   The following uses may be permitted subject to the issuance of a conditional use permit, pursuant to the provisions of this title:

   (A)   Church, chapel, or other religious facility, provided that such use is developed and maintained in accordance with § 153.050 herein.

   (B)   Educational institutions (private elementary and secondary), provided that such use is developed and maintained in accordance with § 153.050 herein.

   (C)   Licensed family care homes, foster homes, or group homes serving seven or more mentally disordered or otherwise handicapped persons or dependent and neglected children where authorized pursuant to Cal. Welf. & Inst Code § 5116, provided that such use is developed and maintained in accordance with § 153.050 herein.

   (D)   Open air markets only on parking lots and other paved areas serving churches, synagogues, temples, mosques and other worship facilities; schools; or other public or quasi-public uses.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 608-C.S., passed 5-10-14; Am. Ord. 653, passed 10-1-19)

   Each lot hereafter created shall maintain a minimum building site area of not less than 7,260 square feet.

(Ord. 466-C.S., passed 11-5-96) Penalty, see § 153.999

   Each lot hereafter created shall have and maintain a lot width of not less than 50 feet, except that a corner lot shall have and maintain a lot width of not less than 55 feet.

(Ord. 466-C.S., passed 11-5-96) Penalty, see § 153.999

   (A)   Residential buildings in the R-1 Zone may be two stories in height. One-story residential buildings shall not exceed a height of 18 feet, and two-story residential buildings shall not exceed a height of 28 feet measured from the lowest adjoining grade to the highest point of the structure, or any appurtenances thereto. One-story residential buildings may utilize architectural features (including but not limited to chimneys, tower elements, dormers) which exceed the maximum height limit by no more than three feet, so long as they are appropriate to the proposed architectural style and massing.

   (B)   No accessory building or detached garage in the R-1 Zone shall be more than 15 feet in height or the height of the primary residential structure, whichever is less, measured from the lowest adjoining grade to the highest point of the structure.

   (C)   The adjoining grade shall be the elevation of the top of the curb adjacent property.

   (D)   The top plate of an entryway structure, including but not limited to porches, patios, and archways, shall not exceed a height of ten feet or the height of the top plate of the first floor, whichever is less.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17) Penalty, see § 153.999

   Each principal dwelling or habitable structure shall have and maintain a minimum width of not less than 20 feet exclusive of any appurtenant structures, and which shall be measured from the outside of the building wall.

(Ord. 466-C.S., passed 11-5-96) Penalty, see § 153.999

   (A) Required front yards.  

      (1)   Each front yard in an R-1 Zone shall be not less than 20 feet, nor more than 35 feet; and provided, further, no building erected or structurally altered upon such frontage shall project beyond the average front yard line of the developed lots next adjacent thereto on either side. A vacant lot shall not be considered for purposes of determining front yard setbacks. A lot having a front yard more than 35 feet in depth shall be considered for this purpose as having a front yard 35 feet in depth. A lot having a front yard of less than 20 feet in depth shall be considered for this purpose as having a front yard 20 feet in depth.

      (2)   A nonconforming front yard area may be extended to the side yards, provided that it does not create a deficiency in the required side and rear yard areas.

   (B)   Front yards on key lots. On key lots the minimum front yard shall be the average of the required front yard for the adjoining interior lot and the required street side yard of the adjoining reversed corner lot. Where existing buildings on either or both of such adjoining lots are located nearer to the street than the yards required above, the yards required above shall be used in computing the front yard for a key lot.

   (C)   Permitted uses in front yard. The following uses shall be permitted in the required front yard areas, but shall not exceed 15 feet in height:

      (1)   Open, unenclosed platforms, or landing places not covered by a roof, awning, or canopy provided it shall not extend or project into the front yard more than six feet, nor be more than six inches in height above adjacent ground level.

      (2)   Fountains, flag poles, statues and decorative ponds.

      (3)   Walkways not more than 42 inches in width directly connecting a sidewalk and/or driveway with an entry to the main residential unit.

      (4)   Driveways shall be no greater than 12 feet in width leading from the street to a garage, except that a driveway 20 feet in width is permissible, provided the garage is adjacent, attached or detached and parallel in the front of the principal dwelling with the entrance to the garage parallel to the street.

   (D)   Prohibited uses in front and street side yard areas. The following shall be prohibited in the required front yard and street side yard areas:

      (1)   Parking areas for vehicles.

      (2)   Accessory structures.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 601-C.S., passed 3-4-14) Penalty, see § 153.999

   (A)   Total side yards in the R-1 Zone shall be 16 feet with a minimum of six feet on any one side. Cornices and eaves may extend into the required side yard for a distance not to exceed 24 inches. No other miscellaneous encroachments such as chimneys, bay windows or any other architectural features are permitted, except in a side yard of six feet or more, in which case an encroachment of a maximum of 24 inches is allowed. Porches or landing places unenclosed and unroofed may encroach into a required side yard of six feet for a distance not to exceed three feet.

   (B)   On corner lots, the side yard on the street side shall be not less than 12 feet, except that a garage structure, attached or detached, with the garage door parallel to the street shall have and maintain a minimum setback of 20 feet from the street side property line.

   (C)   Detached noninhabitable accessory buildings not exceeding 15 feet in height shall maintain a minimum side yard setback of four feet if the building is less than 100 feet from the front property line, and two feet if the building is more than 100 feet from the front property line.

   (D)   In the case of a single family residence with a non-conforming side yard, a single story addition may be constructed by maintaining the existing building line of the house, provided that the existing side yard setback is at least four feet.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 535-C.S., passed 1-20-04) Penalty, see § 153.999

   (A)   The rear yard in R-1 Zones shall be no less than 25 feet in depth.

   (B)   In computing the depth of the rear yard from any building where such yard opens upon a public street, alley, way, or park, one-half, but not to exceed ten feet, of the width of such street, alley, way, or park, may be considered to be a portion of the rear yard.

   (C)   A detached accessory building may occupy not more than one-half the area of the rear yard.

(Ord. 466-C.S., passed 11-5-96) Penalty, see § 153.999

   (A)   Any portion of a single-family dwelling that is in excess of one story shall be in compliance with the front yard requirements as established in § 153.037 and shall not encroach beyond the angled planes specified herein.

   (B)   At the front and rear property lines, the measurement shall be taken from the height of the building pad elevation, but in no case shall the measurements be taken at a lower height than the curb as indicated by the attached diagram, adopted and made a part of this subchapter. The side property line measurements shall be taken from a height ten feet above the building pad elevation as indicated by the attached diagram, adopted and made a part of this subchapter.

   (D)   Side yard. The height of the dwelling shall fall within the angled plane of 45° drawn from a point ten feet above the side property lines of the development site or maintain minimum side yard setbacks of ten feet from each side property line as indicated by the attached diagram, adopted and made a part of this subchapter. Cornices and eaves may extend into the encroachment line or required side yards for a distance not to exceed 24 inches. No other miscellaneous encroachments such as chimneys, bay windows or any other architectural features are permitted, except in a side yard of six feet or more, in which case an encroachment of a maximum of 24 inches is allowed. Buildings with vaulted ceilings that are more than 15 feet in height shall comply with the provisions of this division (D). (See illustration.)

   (F)   No linear wall of a second story shall extend more than 25 feet without architectural articulation or an offset of at least two feet. (Refer to Figure 153.040(A).)

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17) Penalty, see § 153.999

   No detached accessory building, or detached ADU, shall be closer than six feet to any other accessory building, or to the main building, on the same building site. The six foot distance shall be measured from the closet points of the building walls or structure walls. Additionally, a minimum of four feet shall be maintained between eave overhangs, chimneys, bay windows or any other architectural feature. No accessory building shall be used as a dwelling, except as provided in §§ 153.047 and 153.048 herein.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 644-C.S., passed 6-19-18) Penalty, see § 153.999

   Lot coverage shall not exceed 35% of the total net lot area. For the purposes of this calculation, buildings, impervious surfaces greater than 42 inches in width (other than required driveways), covered and uncovered patios (other than required landings), accessory structures (including but not limited to garages, carports, storage sheds, gazebos, pool equipment rooms and similar structures), and raised and at-grade decks shall be counted toward the lot coverage.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 561-C.S., passed 5-9-06; Am. Ord. 608-C.S., passed 5-10-14; Am. Ord. 636-C.S., passed 8-15-17) Penalty, see § 153.999

   No single family dwelling in excess of one story in whole or part shall exceed a floor area ratio (FAR) of .35. Any interior space with a height greater than 12 feet shall count twice towards the FAR. Detached garages and any other accessory building not intended for habitable use shall be excluded from the calculation. The space within an attached garage providing required parking shall be excluded from the calculation, refer to Figure 153.043(A). Permanently covered patios and balconies shall be included in the calculation.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17; Am. Ord. 652, passed 5-21-19) Penalty, see § 153.999

   The second story gross floor area shall be 25% less than the first story gross floor area. Interior spaces with a height greater than 12 feet shall be treated as two stories and shall count towards the second story gross floor area. Attached garages are included within the calculation. Detached garages and any other accessory building not intended to be habitable shall be excluded from the calculation. Permanently covered patios and balconies shall be included in the calculation.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17; Am. Ord. 652, passed 5-21-19) Penalty, see § 153.999

   (A)   Each new dwelling unit hereafter constructed, or any reconstruction, addition or alteration to an existing dwelling which exceeds 50% of the existing dwellings floor area shall have a minimum floor area, based on the bedroom count as follows. Calculations of the floor area for this requirement shall exclude garages and other similar structures not considered habitable space.

      (1)   One bedroom dwelling, 1,000 square feet;

      (2)   Two bedroom dwelling, 1,150 square feet;

      (3)   Three bedroom dwelling, 1,300 square feet;

      (4)   Four bedroom dwelling, 1,450 square feet;

      (5)   For each dwelling in excess of four bedrooms, an additional 150 square feet of floor area per bedroom shall be provided.

   (B)   A bedroom shall be considered any room which is not a kitchen, dining room, living room, family room, or bathroom and which is designated as a bedroom or is capable of being used for sleeping quarters and which meets the requirements contained in § 153.051. A determination of the identity of any room shall rest with the Community Development Director.

(Ord. 466-C.S., passed 11-5-96) Penalty, see § 153.999

   (A)   Garage structures shall be located in the side or rear yard zones, and may not extrude beyond the front of the residential building. On corner lots, a garage shall be located in the rear yard zone, and shall not extrude beyond the street-side of the residential building. Additionally, if access to a garage is provided from the rear of the lot, the required side yards for the first floor may be reduced to a total 12 feet with a minimum of six feet on any one side, adopted and made a part of this subchapter.

   (B)   All building structures shall be built and maintained in accordance with the following architectural standards:

   (C)   Any addition to a single-family residence shall be required to:

      (1)   Conform to city design guidelines;

      (2)   Maintain the architectural integrity and context of the residential environment in which it is located;

      (3)   Reflect the existing materials, textures, design features, including doors and windows, and treatments associated with the existing architecture of the building, unless the entire building will be so changed as to secure city approval under the city’s codes, specific plans, and architectural and landscape design guidelines;

      (4)   Use colors and finishes approved by the City Planner or his or her designee, sufficient to show a high degree of quality and craftsmanship as specified in city design guidelines and specific plans; and

      (5)   Provide consistent architectural treatment on all elevations so as to ensure that any wall visible from offsite so as to conform to the requirements of this division (C).

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 608-C.S., passed 5-10-14; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17) Penalty, see § 153.999

   ADUs or junior ADUs shall be permitted by the Community Development Director or designee upon determining that the application meets all of the following requirements.

   (A)   An ADU and junior ADU shall be permitted in the city's residential zones under the following circumstances:

 

 

   (B)   The ADU shall not be sold, but may be rented. (ADUs shall be rented for terms longer than 30 days).

   (C)   ADU construction shall be in compliance with the regulations and requirements set forth in this chapter, including, but not limited to side and rear yard setbacks, building height, and parking requirements; the city would not be able impose standards related to lot coverage, floor area ratio, open space, or minimum lot size that would otherwise prohibit the creation of an ADU of at least 800 square feet. The ADU shall be constructed in accordance with provisions of the latest edition of building and other codes applicable to the city.

   (D)   A maximum of 850 square feet shall be allowed for a studio or one-bedroom detached ADU and a maximum of 1,000 square feet shall be allowed for a two-bedroom detached ADU. The square footage that is over 800 square feet shall be included in the maximum lot coverage and floor area ratio totals for the lot.

   (E)   When an ADU is attached to the existing primary dwelling unit, the maximum allowed size of that accessory dwelling unit shall be no more than 50% of the main dwelling size, or according to division (D), whichever is less.

   (F)   Second residential units that have been previously approved by the city and constructed with building permits may be converted up to the previously city-approved square footage allowance of 850 or 1,000 square feet, based on the number of bedrooms.

   (G)   A maximum of two bedrooms shall be allowed for an ADU.

   (H)   No additional setback would be required when an existing living area or accessory structure is demolished in order to construct an ADU in its place. The new ADU can be placed in the same location as the demolished structure as long as it contains the same dimensions as the structure that was demolished.

   (I)   A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The demolition of a detached garage that is to be replaced with an accessory dwelling unit shall not require written notice or posting of a placard, unless the property is located within an architecturally and historically significant district.

   (J)   The ADU may be metered separately from the main dwelling unit for gas, electricity, communications, water, and sewer services.

   (K)   Fire sprinklers are required in the ADU when existing or required to be provided in the primary unit. The construction of an ADU shall not require the installation of fire sprinklers in the existing primary dwelling unit.

   (L)   For fire safety purposes, new ADUs and junior ADUs may only be located on a residential lot that has at least a ten-foot wide fire lane within 150 feet of the subject property and a minimum fire flow of 1,000 gallons per minute. This restriction shall not apply to ADUs and JADUs that are exempt from going through a separate planning review, pursuant to division (M).

   (M)   A converted ADU shall comply with the following development standards:

      (1)   When an existing garage, carport, or covered parking structure is converted into an ADU, replacement parking spaces for the main dwelling unit shall not be required.

      (2)   No additional parking spaces are required for the space converted to an ADU.

      (3)   No setback is required for an existing legally permitted garage or accessory structure that is converted into a portion of an ADU.

      (4)   A converted ADU shall comply with the following design standards:

         (a)   When a garage is converted into an ADU, the garage door must be removed and replaced with either windows, a door, or other design features that are consistent with the overall architectural design of the ADU and the primary dwelling unit;

         (b)   The exterior design of the ADU shall match that of the main dwelling unit in term of building forms, materials used, color, exterior finishes, roof forms, and style of windows/doors. The ADU must retain the appearance of a single-family dwelling and shall be integrated into the design of the existing primary dwelling unit on the property or as determined by the Community Development Director or his or her designee;

         (c)   The design of an ADU shall be compatible with the architectural design of the primary dwelling unit in order to ensure long term compatibility regardless of whether the use of the ADU is continued or terminated. The separate entrance shall be located on the side or rear of the structure and whenever possible, located facing toward the interior yard areas. The additional entrance is prohibited from being located on the front of the primary dwelling unit. The second entrance shall be well lit and free of concealment from landscaping to assure safe entrance and exit for the occupants;

         (d)   All ADU facade elevations that are visible from the public right of way must provide either entries, windows, or other architectural features that are compatible with the existing primary dwelling unit;

         (e)   The main entrance of the ADU must face the same direction as the entrance for the primary dwelling unit or face the side property lines, whichever is more compatible to the neighborhood character as determined by the City Planner. An ADU entrance that is proposed to face an alley or rear property line is subject to review and approval by the City Planner;

         (f)   Shall conform to all single-family residential design guidelines adopted by the city; and

         (g)   The design and construction of each ADU shall conform to all applicable provisions of the Building Code. The ADU shall comply with all provisions of the code pertaining to the adequacy of water, sewer, electrical, drainage, and fire and emergency services to the property on which the ADU will be located as well as all applicable codes pertaining to building, fire, health, and/or safety.

   (N)   A constructed ADU, whether attached or detached (unless otherwise mentioned), shall comply with the following development standards.

      (1)   Detached units shall meet the required front yard setback in the applicable zone unless the applicant can demonstrate that the enforcement of the front yard setback on the subject property prohibits the creation of an 800 square-foot ADU.

      (2)   Construction of an ADU shall be allowed in designated historical districts; however, it must not be visible from the public-right-of-way.

      (3)   The unit shall not be more than 16 feet in height measured from the lowest adjoining grade to the highest point of the structure, except in any of the following circumstances:

         (a)   On a lot that is located within one-half of one mile walking distance of a major transit stop or high-quality transit corridor, as defined in § 21155 of the Public Resources Code, a maximum height of 18 feet along with an additional two feet in height to accommodate roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit shall be allowed.

         (b)   On a lot with an existing or proposed multi-family, multi-story dwelling, a maximum height of 18 feet shall be allowed.

         (c)   When an accessory dwelling unit is attached to a primary dwelling, a maximum height of 25 feet, not to exceed two stories, shall be allowed.

      (4)   A two-story detached ADU shall only be allowed when the creation of an 800 square-foot ADU cannot be achieved as a one-story, subject to building height and setback standards.

      (5)   Construction of new units over an existing residential unit or a non-habitable accessory structure are not permitted.

      (6)   The unit shall be set back a minimum of four feet from any side or rear lot line.

         (a)   When a garage or other accessory structure exists and is legally permitted with building permits, the existing legal non-conforming setback can be maintained. However, the required minimum side and rear yard setback of four feet shall still apply to any added square footage to the structure.

      (7)   The unit shall maintain six feet separation to any other accessory building or main building on the same building site. The six-foot distance shall be measured from the closest points of the building walls or structure walls. Additionally, a minimum of four feet shall be maintained between eave overhangs, chimneys, bay windows or any other architectural feature.

      (8)   The ADU may not be located in a way that would prohibit access to a designated parking area or impede safe ingress and egress from a required front, side, or rear setback.

      (9)   One parking space (provided as covered, uncovered, mechanical automobile parking lift, or tandem space on the existing driveway) is required per one bedroom or unit, whichever is less, except in any of the following circumstances:

         (a)   The ADU is located within one-half mile walking distance of public transit (measured by walking distance route);

         (b)   The ADU is located within an architecturally and historically significant historic district;

         (c)   When on-street parking permits are required to park in the city, but not offered to the occupant of the ADU;

         (d)   When there is a car share vehicle located within one block of the ADU; or

         (e)   When a permit application for an ADU is submitted with a permit application to create a new single-family or multi-family dwelling on the same lot, provided that the ADU or the parcel satisfy any other criteria listed in the above referenced exceptions.

      (10)   When the existing parking spaces for the primary unit are demolished in conjunction with the development of a constructed ADU, the replacement parking spaces for the main dwelling unit shall not be required.

      (11)   Constructed ADUs shall conform to the following design standards:

         (a)   The exterior design of the ADU shall match that of the main dwelling unit in term of building forms, materials used, color, exterior finishes, roof forms, and style of windows/doors. The ADU must retain the appearance of a single-family dwelling and shall be integrated into the design of the existing primary dwelling unit on the property or as determined by the Community Development Director or his or her designee;

         (b)   The design of an attached ADU shall be compatible with the architectural design of the primary dwelling unit in order to ensure long term compatibility regardless of whether the use of the ADU is continued or terminated. The separate entrance shall be located on the side or rear of the structure and whenever possible, located facing toward the interior yard areas. The additional entrance is prohibited from being located on the front of the primary dwelling unit. The second entrance shall be well lit and free of concealment from landscaping to assure safe entrance and exit for the occupants;

         (c)   All ADU facade elevations that are visible from the public right-of-way must provide either entries, windows, or other architectural features that are compatible with the existing primary dwelling unit;

         (d)   The main entrance of a detached ADU must face the same direction as the entrance for the primary dwelling unit or face the side property lines, whichever is more compatible to the neighborhood character as determined by the City Planner. An ADU entrance that is proposed to face an alley or rear property line is subject to review and approval by the City Planner;

         (e)   If attached to the garage, there shall be no direct access from the garage to the ADU;

         (f)   Shall be screened with a combination of trees, massed shrubbery, and ground plantings sufficient in the opinion of the City Landscape Architect to comply with the San Gabriel Municipal Code and city design guidelines;

         (g)   Shall conform to all single-family residential design guidelines adopted by the city and must be reviewed ministerially without a hearing and within the 60-day allowed time window; and

         (h)   The design and construction of each ADU shall conform to all applicable provisions of the Building Code. The ADU shall comply with all provisions of the code pertaining to the adequacy of water, sewer, electrical, drainage, and fire and emergency services to the property on which the ADU will be located as well as all applicable codes pertaining to building, fire, health, and/or safety.

   (O)   Upon issuance of a building permit for an ADU, a covenant shall be recorded with the County of Los Angeles in a form approved by the city prior to recordation. The following declaration will be binding on all future owners of the parcel:

      (1)   The ADU may not be sold separately from the primary dwelling unit unless certain conditions are met according to Cal. Gov't Code § 65852.26; and

      (2)   The unit may not be rented out for a term of less than 30 days.

   (P)   All of the provisions of this section shall apply to a junior ADU unless otherwise stated in the following:

      (1)   A junior ADU is limited to a maximum of 500 square feet.

      (2)   One junior ADU is allowed per residential zoned property that has a single-family dwelling unit.

      (3)   A junior ADU must be built within the primary residence.

      (4)   The junior ADU must be constructed within the existing walls of the structure and must include an existing bedroom.

      (5)   The junior ADU must provide a separate entrance from the entrance that is provided for the main dwelling unit.

      (6)   The junior ADU may include an expansion of not more than 150 square feet beyond the same dimensions of the existing accessory structure. This expansion shall be limited to accommodating ingress and egress.

      (7)   The junior ADU shall require the recordation of a deed restriction, which shall run with the land, shall be filed with the city, and shall include the following:

         (a)   Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization;

         (b)   A prohibition on the sale of the junior ADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and

         (c)   A restriction on the size and attributes of the junior ADU that conforms with this section.

      (8)   The junior ADU must provide an efficiency kitchen, which shall include the following:

         (a)   A cooking facility with appliances; and

         (b)   A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

      (9)   Additional parking may not be required as a condition to allow a junior ADU.

      (10)   An inspection, including the imposition of a fee for that inspection to determine whether the junior ADU is in compliance with applicable building standards may be required at any time after the junior ADU has been built.

      (11)   For the purposes of any fire or life protection ordinance or regulation, a junior ADU shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior ADU or not.

      (12)   For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

      (13)   This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior ADU, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior ADU.

   (Q)   The city shall ministerially approve an application to move forward with the building plan check process if the following criteria is met:

      (1)   One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:

         (a)   The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress;

         (b)   The space has exterior access from the proposed or existing single-family dwelling;

         (c)   The side and rear setbacks are sufficient for fire and safety; and

         (d)   The junior accessory dwelling unit complies with the requirements of Cal. Gov't Code § 65852.22.

      (2)   One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in division (Q)(1).

         (a)   The detached ADU is limited to 800 square feet and a maximum height of 16 feet.

      (3)   Multiple accessory dwelling units within the portions of existing multi-family 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 unit complies with state building standards for dwellings.

         (a)   The city shall allow at least one accessory dwelling unit within an existing multi-family dwelling and shall allow up to 25% of the existing multi-family dwelling units.

      (4)   Not more than two accessory dwelling units that are located on a lot that has an existing multi-family dwelling, but are detached from that multi-family dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.

   (R)   The owner of any permitted senior housing unit may file an application to have such unit approved as an ADU pursuant to this section and eliminate the conditional use permit. The application shall be granted if the senior housing unit meets all of the requirements of this section.

   (S)   The city shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or a junior ADU, the correction of non-conforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU or junior ADU.

   (T)   Impacts fees shall not be charged for an ADU that is less than 750 square feet. Any impact fees charged for an ADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit or the number of its drainage fixtures.

   (U)   The Public Works Department shall determine address assignments for new ADUs/junior ADUs and shall verify any public easements and land dedications required by the San Gabriel Municipal Code.

   (V)   All existing conditional use permits and existing permits for ADUs (formerly second residential units or senior housing units) shall remain subject to conditions imposed thereon at the time such permits were granted, except that any condition that limits the occupants of a permitted unit to certain named persons, or certain classes of persons, or which requires the permittees to identify the residents of the unit to the city by name, or to obtain a new permit for the purpose of authorizing a new resident, shall not longer be applicable.

   (W)   The permitting agency shall either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multi-family dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multi-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit, the permitting agency shall, within the time period described, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

   (X)   A permit application for an ADU or a junior ADU shall be considered and approved ministerially without discretionary review or a hearing. The city shall approve or deny the application to create an ADU or a junior ADU within 60 days from the date that the city receives a completed application if there is an existing single-family or multi-family dwelling on the lot. If the permit application to create an ADU or a junior ADU is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay approving or denying the permit application for the ADU or the junior ADU until the city approves or denies the permit application to create the single-family dwelling, but the application to create the ADU or the junior ADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved.

   (Y)   In enforcing building standards pursuant to Article 1 (commencing with § 17960) of Chapter 5 of Part 1.5 of Division 13 of the Cal. Health and Safety Code for an accessory dwelling unit described in divisions (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with § 17980.12 of the Cal. Health and Safety Code:

      (1)   The ADU was built before January 1, 2020;

      (2)   The ADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU was built, had a noncompliant ADU ordinance, but the ordinance is compliant at the time the request is made.

   (Z)   Any person proposing to develop an ADU and/or junior ADU must submit the following materials to the Planning Division:

      (1)   A complete application form;

      (2)   Site plan, floor plan, elevations, pictures, and such materials as may be deemed necessary by the City Planner to make a determination on the application;

      (3)   A copy of the property deed establishing the identity of the owner of record for the property; and

      (4)   The applicable site plan review fee in accordance with the City of San Gabriel adopted citywide fee schedule in effect at the time that the application is submitted. An application shall not be deemed complete until all necessary information has been provided.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 544-C.S., passed 8-17-04; Am. Ord. 608-C.S., passed 5-10-14; Am. Ord. 644-C.S., passed 6-19-18; Am. Ord. 653, passed 10-1-19; Am. Ord. 661, passed 1-7-20; Am. Ord. 662, passed 1-21-20; Am. Ord. 706, passed 5-7-24) Penalty, see § 153.999

   Urban dwelling units and/or urban lot splits shall be permitted by the Community Development Director or designee upon determining that the application meets all of the following requirements.

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

         (b)   Housing that is subject to any form of rent or price control through a public entity's valid exercise of police power.

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

      (5)   A proposed urban dwelling unit must not be on a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with § 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent applies.

         (a)   The parcel is within one-half mile from a "high quality transit corridor".

         (b)   The parcel is within one-half mile from a "major transit stop".

         (c)   A car share vehicle is located within one block of the parcel.

      (11)   Fire sprinklers are required in the urban dwelling unit.

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

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

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

(Ord. 683, passed 2-1-22)

   (A)   For new houses or for cumulative additions to existing houses of more than 25% of the existing gross floor area, the enclosed garage space requirements shall be based on the number of bedrooms as defined in § 153.045(B), pursuant to the following:

 

 

   (B)   Each new garage space required shall have internal dimensions of ten feet by 20 feet, and be independently accessible. Tandem parking shall not be permissible for the purposes of determining the required parking spaces. Carports and any other similar structure(s) shall be prohibited. The internal dimension requirement shall apply only when a new garage space is required by the construction of additional bedrooms and shall not be applied as a minimum dimensional standard to existing garages.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 589 C.S., passed 2-1-11) Penalty, see § 153.999

   Such uses as specified in § 151.032, except ADUs, shall also comply with the following limitations and standards:

   (A)   All such uses shall have and maintain a minimum net lot area of not less than 21,780 square feet; and

   (B)   All such uses shall have and maintain a minimum width, depth and street frontage of 70 feet; and

   (C)   All such uses the side yard area shall be a minimum width of ten feet, and the rear yard area shall be a minimum depth of ten feet; and

   (D)   All buildings, structures, and landscaping will be developed in a manner harmonious and compatible with development on surrounding properties; and

   (E)   All exterior parking areas will be screened with landscaping in a manner that ensures compatibility with and an enhancement to surrounding properties; and

   (F)   All exterior lighting will be designed, oriented, and constructed to shield adjacent properties from adverse glare effects.

(Ord. 466-C.S., passed 11-5-96; Am. Ord. 644-C.S., passed 6-19-18) Penalty, see § 153.999

   The following provisions are requirements established by the County Health Code adopted in § 97.01 of this code.

   (A)   Each single family dwelling unit located in the R-1 Zone shall comply with the following air space requirements:

      (1)   It shall be unlawful for a person to occupy or permit another person to occupy any room in a single family dwelling unit for sleeping purposes unless such room shall contain at least 560 cubic feet of air space; and

      (2)   It shall be unlawful for a person to permit other persons or for two persons to occupy any room in a single family dwelling unit for sleeping purposes unless such room contains at least 630 cubic feet of air space; and

      (3)   It shall be unlawful for a person to permit other persons or for two persons to occupy any room in a single family dwelling unit for sleeping purposes unless such room contains at least 630 cubic feet of air space plus 500 cubic feet of air space for each person occupying the room in excess of two persons; and

      (4)   Hallways, passageways, closets, bathrooms or toilet rooms shall not be considered in the determination of the available air space in sleeping quarters.

   (B)   Existing nonconformity. No building shall be deemed nonconforming pursuant to division (A)(1) of this section solely on the basis of available air space in sleeping quarters lawfully constructed in accordance with all regulations applicable at the time of its construction.

(Ord. 466-C.S., passed 11-5-96) Penalty, see § 153.999