The following shall be permitted in the R-1 Single-Family Dwelling Zone:

All commercial uses and activities are specifically prohibited in R-1 Zones. A commercial use or activity, as used in this paragraph, shall include, but not be limited to, the taking in of boarders who do not operate as or participate in a single housekeeping unit. Ancillary retail sales are permitted as part of a "special event" if such ancillary retail sales are authorized pursuant to issuance of a conditional use permit as provided in subsection 23.02.31 D. of this article.

Accessory dwelling units subject to the requirements of section 23.02.25 of this article.

Unless a permit for an accessory dwelling unit has been approved, not more than one single-family dwelling of a permanent character, on any lot, placed in a permanent location, containing not more than one kitchen, used by but one family.

Garage or estate sales shall be permitted only in the rear yard and only one sign shall be allowed in the front yard. The maximum size must conform with the requirements of this chapter. Only one such sale, not to exceed two (2) consecutive days, shall be permitted at a dwelling per calendar year. The owner or legal occupant of the dwelling, where such sale is being held, shall register with the City prior to such a sale.

Indoor cannabis cultivation that is conducted in strict compliance with subsection 23.06.16 E. of this chapter.

Licensed and non-licensed residential care facilities with six (6) or less persons are permitted subject to the same development standards applicable to single-family dwelling units.

Employee housing for six (6) or fewer employees is permitted subject to the same development standards applicable to single-family dwelling units.

Modular, prefabricated or mobile home construction shall be permitted as authorized and preempted by State law and otherwise shall be prohibited.

Occupations permitted within single-family dwellings shall be restricted to in home tutoring of educational, cultural, artistic or recreational subjects to individuals permanently residing within this dwelling; and professional services not requiring clients to visit the dwelling.

Prohibited activities within a single-family dwelling or accessory buildings are those involving manufacturing, storage of materials for distribution or sale, clients visiting the residence (except for tutoring, construction), any signage, or rental for financial consideration (except filming).

Business licenses shall be required for all occupations permitted in a single-family dwelling, with amounts to be fixed by Council resolution.

Recreational and child care activities may be conducted by the City of San Marino on properties in residential zones that are owned by the City.

Special events as provided in section 23.02.31 of this article.

Structures or accessory buildings that are customarily incidental to a single-family dwelling when placed upon the same lot, including:

   A.   Private garages, which are subject to development standards of this chapter.

   B.   Private recreational facilities.

   C.   Private bathhouses, greenhouses or service yards.

   D.   Private tool sheds, storage sheds or workshops, and offices.

Transitory residential uses are prohibited.

Two-unit residential development subject to the requirements of section 23.02.33 of this code.

Urban lot splits subject to the requirements of Chapter 22, Article 02 of this code.

Wireless telecommunication monopoles are permitted on public or private school property provided that a conditional use permit has first been issued. No other wireless telecommunication facility is allowed. Upon termination of use, the monopole must be removed. Safety lighting that is attached to or illuminating the monopole, except for lighting associated with the illumination of an athletic field, shall not be permitted. The monopole must be painted a color designed to blend in with the background.

(Ord. 0-17-1331, 11-8-2017; amd. Ord. 0-19-1356, 11-13-2019; Ord. O-21-1385, 12-15-2021; Ord. O-21-1386, 1-12-2022; Ord. O-24-1415, 11-20-2024)

   A.   Each dwelling unit located in the R-1 Zones shall be used as a single-family dwelling unit excepting those used as licensed residential care facilities.

   B.   Home occupations may be conducted in a dwelling unit provided they comply with the following restrictions:

      1.   The home occupation shall be limited to: a) tutoring or instruction in educational, cultural, artistic, or recreational activities; b) professional services; or c) cottage food uses consistent with State law.

      2.   The home occupation shall not be conducted in any manner that alters the residential character or appearance of the premises.

      3.   No home occupation shall generate substantially more pedestrian traffic, vehicular traffic, or vehicle parking than is characteristic of residential uses in the neighborhood in which the dwelling is located.

      4.   No home occupation shall generate noise, smoke, glare, fumes, odor, vibration, electrical, radio, or other unreasonable interference with surrounding properties that is uncharacteristic for residential uses in the neighborhood in which the dwelling is located.

      5.   No employees or assistants are permitted to work for the home occupation on the premises excepting: a) permanent residents of the premises; and b) in the case of a cottage food use, not more than one full-time equivalent employee.

      6.   No clients or customers shall be permitted on the premises excepting students receiving tutoring or instruction.

      7.   The home occupation shall only be conducted within a fully enclosed area of no greater than one hundred fifty (150) square feet located within the dwelling or an accessory building. The home occupation shall not occupy or obstruct any required off- street parking area.

      8.   The manufacture, storage, or display of goods or materials for distribution or sale is prohibited except as part of a cottage food use consistent with State law.

      9.   The use or operation of motors is prohibited except for not more than a single 1/2-horsepower electric motor at any one time.

      10.   The vehicle license plate number of any vehicle regularly used, employed, or operated by the home occupation shall be registered with the City. The use of vehicles having a manufacturer's rated load capacity greater than one ton in connection with the home occupation is prohibited excepting commercial deliveries to and from the premises by commercial delivery companies that regularly provide service to residential properties.

      11.   Use of water, sewer, electrical, and natural gas utilities in connection with the home occupation shall not exceed the amount normally associated with a residential use. (Ord. 0-18-1338, 7-27-2018)

Parking or storage of vehicles in residential front yards and side yards of lots located in the R-1 Zones shall be subject to the following conditions:

   A.   Driveways And Driveway Requirements:

      1.   All residential lots in the R-1 Zones shall have a driveway providing direct access from a public street or alleyway to a garage or other parking space.

      2.   All driveways shall not have a width of less than nine feet (9').

      3.   Circular driveways may be located in the front yard; provided, that:

         a.   The parcel is not located in Area Districts V, VI or VII; or

         b.   The circular driveway located in Area Districts V, VI or VII is replacing the footprint of an existing legal nonconforming circular driveway.

      4.   The total of all paved and impervious areas including, but not limited to, driveways, walkways, patios, porches, landings, and/or architectural accessories does not exceed forty five percent (45%) of the front yard area. The total coverage of all paved and impervious areas which exceeds twenty five percent (25%) of the front yard area is subject to design review as stated in subsection 23.15.03H of this chapter.

   B.   Parking Restrictions:

      1.   No parking space shall be permitted in the front yard.

      2.   Parking spaces located in the side yard shall be screened from view of the public street by:

         a.   Landscaping; or

         b.   A decorative wall.

      3.   A parking space may be located in the rear yard, provided it is not less than one foot (1') from the rear line of the lot nor less than four feet (4') from the side line of the lot.

      4.   Parking spaces shall be located on the same lot or parcel of land as the residence being served.

   C.   Parking Restrictions 1 :

      1.   No vehicle may be parked in a front or side yard, except on a paved or impervious area designated as a driveway or as a parking space.

      2.   No vehicle may be parked in a front yard driveway or parking space for a period greater than forty eight (48) consecutive hours.

   D.   Storage Prohibition:

      1.   No equipment, materials, trash or other materials not customarily considered as decorative landscaping (except as provided for in chapter IX of this Code) shall be stored in the front yard or side yard, driveway or circular driveway except during actual periods of construction for which a permit has been issued on the lot.

      2.   Parking spaces located in the side yard shall not be used for the storage of vehicles.

      3.   Parking spaces located in the rear yard when visible from the street shall not be used for the storage of vehicles.

   E.   Requirement For Compliance:

      1.   No new construction shall be permitted in the R-1 Zones unless it shall comply with this section.

      2.   No additions to existing structures increasing the liveable area by more than twenty percent (20%) shall be permitted unless the requirements of this section are complied with.

      3.   No reconstruction or modification of parking spaces not conforming with this section shall be permitted except patching, sealing or replacement of sections not to exceed fifty (50) square feet.

      4.   No construction to replace or modify parking spaces not conforming with this section shall be permitted unless it shall comply with this section; excepted are repairs to preexisting parking spaces such as patching or sealing and replacement of sections not to exceed fifty (50) square feet.

   F.   Existing Nonconformance: No building shall be deemed nonconforming solely by reason of a driveway, circular driveway or parking space lawfully constructed in accordance with all regulations applicable at the time of its construction, except as provided in section 23.06.10 of this chapter.

   G.   Request For Relief: Any request for relief from the requirements of this section, except for subsection A4 of this section, shall require a conditional use permit as set forth in this Code 1 . (Ord. 096-1093, 7-10-1996)

All parcels located in the R-1 Zones shall be required to have landscaping in the front yard areas and parkway area, subject to the conditions set forth herein:

   A.   Limitation On Impervious Coverage:

      1.   Not more than forty five percent (45%) of the front yard of a lot in the R-1 Zones shall be covered with an impervious surface.

      2.   Residential lots with twenty five percent (25%) or more impervious coverage within the front yard area shall be subject to design review in accordance with subsection 23.15.03H of this chapter.

      3.   Impervious coverage in the front yard shall be limited to the following uses:

         a.   Driveways.

         b.   Circular driveways.

         c.   Walkways.

         d.   Architectural accessories.

A paving permit is required for any paving or placement of impervious materials within the front yard. A paving permit shall be issued by the Planning and Building Department. A paving permit shall be issued if the proposed paving complies with the provisions of this Code.

      4.   Impervious coverage in the parkway area shall be limited to the following uses:

         a.   Driveways.

         b.   Circular driveways.

         c.   Walkways.

         d.   Sidewalks.

All impervious coverage in the parkway area is subject to prior approval of the City by issuance of a street permit.

   B.   Prohibited Coverage:

      1.   Recreational courts, as defined in Section 23.01.01 of this Chapter, are specifically prohibited in the front yard. Such prohibition shall include the required side yard in the condition specified in this Code.

      2.   Gravel, stones or other loose materials of a solid construction are specifically prohibited in the parkway area.

   C.   Ground Coverings: All areas within the front yard and the parkway area not covered with an impervious surface as provided for herein shall be covered with a properly maintained vegetative growth or plant material.

   D.   Walls And Landscaping: All walls constructed in the side yard of a corner parcel which exceed four feet (4') in height shall have vegetative landscaping placed between the wall and the property line which shall cover the face of the wall a minimum of one-half (1/2) of the height of the wall.

   E.   Walkway Widths: A walkway within the front yard shall not be wider than eight percent (8%) of the actual lot width or four feet (4'), whichever is greater, measured at the front property line. Properties with an actual lot width greater than one hundred feet (100'), measured at the front property line, shall be limited to an eight foot (8') wide walkway. Fractions equal to or greater than 0.5 shall be rounded up and those less than 0.5 shall be rounded down. No front yard walkway between six feet (6') and eight feet (8') in width may be installed unless the Director of Planning and Building shall find that the placement, configuration and design of the walkway prevents the use of any portion of the walkway for vehicular travel or parking. The decision of the Director of Planning and Building on whether to permit the construction of a walkway between six feet (6') and eight feet (8') may be appealed to the Commission and any decision of the Commission may be appealed to the Council.

   F.   Requirement For Compliance:

      1.   No new residence shall be permitted in the R-1 Zones unless the requirements of this Section are complied with.

      2.   No additions to existing structures increasing the lot coverage by more than twenty percent (20%) shall be permitted unless the requirements of this Section are complied with.

      3.   No construction to replace more than fifty percent (50%) of a destroyed or damaged existing building shall be permitted unless the requirements of this Section are complied with.

      4.   No construction to replace or modify impervious areas not conforming with this Section shall be permitted, unless it shall comply with this Section; excepted are repairs such as patching or sealing and replacement of sections not to exceed fifty (50) square feet.

   G.   Existing Nonconformance: No building shall be deemed nonconforming solely by reason of front yard landscaping lawfully constructed in accordance with all regulations applicable at the time of its construction, except to the extent provided for in subsection F of this Section.

   H.   Request For Relief: The requirements of this section may be modified pursuant to the issuance of a conditional use permit as set forth in this code 1 . (Ord. 096-1093, 7-10-1996)

   A.   Conditional Use; Building Permit Required: The construction of a recreational court in the R-1 zones or the addition of fences or lights or other alteration of an existing court requires a conditional use permit. Notwithstanding anything in chapter XXV of this code to the contrary, a building permit shall be required for the construction of a recreational court.

   B.   Court Fences: A recreational court may be enclosed by a chainlink or wire fence not exceeding twelve feet (12') in height; provided, that no such fence shall be constructed within a required front yard or required side yard setback nor within five feet (5') of a property line adjacent to any street nor within five feet (5') of a rear property line or alley. (Ord. 096-1093, 7-10-1996)

   A.   Purpose And Intent: The purpose and intent of this section is to control exterior recreational court lighting by builders, owners or residents within the R-1 zones and to support zoning objectives and goals, including, but not limited to, the following:

      1.   To secure for the citizens of San Marino the social and economic advantages resulting from an orderly planned use of its land resources.

      2.   To establish lighting conditions which will allow land uses to exist in harmony within the community.

      3.   To attain the highest possible standards for urban aesthetics and physical development while providing adequate light, air and privacy for all individuals.

      4.   To promote the stability of existing land uses and to protect them from incompatible and harmful intrusions.

      5.   To protect the general health, safety and welfare of the citizens of San Marino.

   B.   Definitions: For the purposes of carrying out the intent of this section, words, phrases and terms shall be deemed to have the meanings ascribed to them as follows:

    CUT OFF: A light source is cut off at the point where neither the light source nor its image from a reflecting surface of the light fixture is directly visible.

   EXISTING NONCONFORMING EXTERIOR LIGHTING: Lighting which was installed prior to the effective date hereof and is in conflict with the provisions of this section.

   SUPPLEMENTAL SHIELDING: Supplemental light shielding shall be an attachment to the lighting fixture not extending more than one foot (1') from the fixture in any direction. The inside of the baffles shall be painted with an opaque light absorbent paint "mat black" in color.

   C.   Recreational Court Lighting Restrictions:

      1.   No light fixture shall be located at a horizontal distance less than ten feet (10') from the nearest lot line.

      2.   Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of the fixture, arm and supporting pole shall be coated with a dark, low reflectance material.

      3.   No light fixture or supporting pole shall be constructed which will locate a lamp more than eighteen feet (18') from the court surface.

      4.   No more than one light fixture per nine hundred (900) square feet of court surface area is permitted, and a maximum of eight (8) poles and light fixtures per recreational court are permitted.

      5.   Light fixtures shall be supported by an arm extending at least four feet (4') from a support pole.

      6.   No light fixture shall emit more light than is emitted from a one thousand (1,000) watt lamp. (Ord. 096-1093, 7-10-1996)

      7.   Light fixtures must be designed, constructed, mounted and maintained such that, with appropriate supplemental shielding, the light source is completely cut off when viewed from any point five feet (5') or more beyond the lot line. Incident light intensity at a lot line shall not exceed one foot-candle as measured by a light meter from grade to a height of twelve feet (12'). The incident light level upon any building containing livable area on an adjacent property shall not exceed 0.05 foot- candle. (Ord. 0-03-1175, 12-10-2003)

      8.   Recreational court lighting may be operated only between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. Recreational court lighting cannot be operated between ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.

      9.   In the event that an illuminated court surface is visible from another lot, the court surface shall be treated with low reflectance, dark colored coatings.

      10.   If any of the above conditions cannot be met, then the owner may request relief for a specific condition from the commission by filing for a conditional use permit. (Ord. 096-1093, 7-10-1996)

Windscreens of plastic, canvas or similar material may be attached to the fence enclosing a tennis court, provided such windscreens do not extend to a height greater than six feet (6') above the finished surface of the court. However, where the entire tennis court is located twenty five feet (25') or more from all property lines, the windscreen may extend to the height of the court fence.

If any of the conditions under this section cannot be met, then the owner may request relief for a specific condition from the commission by filing for a conditional use permit. (Ord. 096-1093, 7-10-1996)

   A.   The council hereby finds and determines that the maintenance of private swimming pools without appropriate precautionary measures constitutes a hazard to the safety of small children of the city.

   B.   Any person in possession of a lot(s) within the city, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool or other body of water designed or used for swimming, dipping or immersion purposes by men, women or children, shall at all times, maintain a minimum five foot (5') tall fence enclosing the pool, and otherwise constructed in accordance with the city building code on the lot or premises upon which such pool or such body of water is located. (Ord. 096-1093, 7-10-1996)

   A.   The requirements in the R-1 zones as to minimum building site area, the maximum building height, the site of buildings, the minimum lot widths, the minimum frontage on public streets and dimensions of yards shall vary according to the area district in which the property is situated and shall be as set forth in the following table:

 

   B.   Provided, however, that:

      1.   No front yard or side yard shall have less than the respective yard dimension shown and delineated for each lot on the "yard map".

      2.   On a corner lot in the R-1 zones in any area district, the street side yard shall have a minimum width of fifteen feet (15') or such larger dimension as is specified in subsection A of this section.

      3.   No building site shall have a frontage of less than sixty feet (60') on a public street.

      4.   The minimum average width as set forth in the above table shall be calculated by dividing the total area of the lot by its maximum depth.

      5.   The minimum street frontage required in subsection A of this section shall, in all cases, be measured at the property line; except, that on cul-de-sac streets and on curves and knuckles having a radius of less than one hundred feet (100'), the minimum frontage required shall be measured on the chord of the front yard setback line, in which case, the frontage at the property line shall, in no event, be less than fifteen feet (15') less than the minimum frontage so required. (Ord. 096-1093, 7-10-1996)

   C.   The livable area for rooms with a height of fifteen feet (15') or greater as measured from the finished floor to the ceiling shall be twice the floor area of the room, including stairways. In the following examples, two (2) circles are drawn on the areas counted twice.

IMAGE

(Ord. 0-03-1175, 12-10-2003)

Neither the amount of lot coverage of all buildings on a lot nor the maximum livable area of all buildings on a lot shall exceed the smaller of the areas determined by the percentages contained in the respective table below; except, that no building may be constructed without issuance of a conditional use permit on a substandard lot in the area district IE that would exceed the maximum lot coverage or maximum livable area permitted for the same size lot in area district I.

 

Note: Statutory lot area is equivalent to minimum building site area.

(Ord. 096-1093, 7-10-1996)

If the actual lot area is larger than the statutory lot area for the area district, the square footage of the maximum lot coverage and the maximum livable area may be increased by ten percent (10%) of the difference between the square footage of the actual lot area and the statutory lot area. (Ord. 096-1093, 7-10-1996)

Corner lots in area districts V, VI and VII shall not have a maximum lot coverage and maximum livable area in area districts V, VI, and VII which are more than ninety percent (90%) of the maximum amounts permitted under sections 23.02.10 and 23.02.11 of this article, without first having obtained a conditional use permit. (Ord. 096-1093, 7-10-1996)

No building or addition thereto, except for a garage or accessory building less than twelve feet (12') in height, with no attached livable area, shall be constructed which would encroach beyond the thirty degree (30°) structural encroachment line as indicated by the following diagram on the following page, adopted and made a part of this chapter without having first obtained a conditional use permit. The means of calculating the encroachment shall be as indicated on the diagram. Garages or accessory buildings greater than twelve feet (12') in height or with livable area shall be subject to the encroachment limitations. (Ord. 0-03-1175, 12-10-2003)

   MAXIMUM ALLOWED STRUCTURAL ENCROACHMENT

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Note: No structure or addition shall encroach above a line having an angle of 30 degrees from the vertical and passing through a point 6 feet above the grade of the adjacent property of the common property line.

(Ord. 096-1093, 7-10-1996)

No residential building in the R-1 Zones shall have more than six (6) bedrooms, as defined in section 23.01.01 of this chapter, without having first obtained a conditional use permit. Notwithstanding, a conditional use permit shall not be required to reconfigure existing space within an existing dwelling unit located in the R-1 zones to add no more than two (2) additional bedrooms, provided that no additional space is being added to the dwelling and provided that such proposed reconfiguration also complies with all other applicable State laws and municipal code provisions.

(Ord. 096-1093, 7-10-1996; amd. Ord. O-23-1407, 10-27-2023)

No residential building in the R-1 Zones shall have more than two (2) stories, excluding basements and attics that are not considered livable area, without having first obtained a conditional use permit. (Ord. 0-03-1175, 12-10-2003)

Notwithstanding the requirements of subsection 23.02.09A of this article, all parcels shall provide one unobstructed side yard clearance width of five feet (5'), except that gates no less than three feet (3') in width are permitted. (Ord. 096-1093, 7-10-1996)

No person shall, on a lot in the R-1 Zones, construct the following within the front yard nor within the required side yard of a corner lot facing the street:

   A.   Swimming pools.

   B.   Paved recreation courts. (Ord. 096-1093, 7-10-1996)

Lots fronting on two (2) streets, wherein the rear yard has the appearance to neighboring properties on the rear street as a front yard, shall have the same development limitations in the rear yard as if the rear yard were, in fact, a front yard, unless a conditional use permit shall have been issued. (Ord. 096-1093, 7-10-1996)

   A.   Basements that do not exceed the maximum size listed below shall be excluded when calculating livable area.

 

   B.   If the total of all basement areas on a property exceeds the maximum size under subsection A of this section, all such basement areas shall comply with the following restrictions:

      1.   The maximum allowable size of the basement shall be no more than sixty percent (60%) of the footprint of the structure. No portion of the basement shall extend beyond the footprint of the structure. (Ord. 0-14-1279, 6-27-2014)

      2.   The basement shall comply with all requirements for livable area contained in this chapter, including, but not limited to, the required number of off street garage spaces and building setbacks.

      3.   The basement shall comply with all applicable Building Code requirements relating to habitable space, hallways, bathrooms, and laundry rooms. (Ord. 0-14-1279, 6-27-2014; amd. Ord. 0-18-1340, 10-10-2018)

   C.   Exceptions to this section shall be granted by the issuance of a conditional use permit. (Ord. 0-14-1279, 6-27-2014)

A request to deviate from the requirements contained in this section shall be granted only as follows:

   A.   For those cases where the proposed lot coverage or livable area is to exceed thirty percent (30%) of the actual lot area, a deviation shall be granted only by the issuance of a variance. For lots in Area Districts V, VI and VII which are less than the statutory lot area, the above percentage shall be forty percent (40%) of the actual lot area, not to exceed thirty percent (30%) of the statutory area.

   B.   For those cases where the proposed lot coverage or livable area is to exceed the provisions of sections 23.02.10, 23.02.11, and 23.02.12 of this article, whichever is applicable, but is less than the lot coverage or livable area limits of subsection A of this section, a deviation shall be granted by the issuance of a conditional use permit. If the limits of subsection A of this section are exceeded, its provisions shall govern.

   C.   Notwithstanding subsections A and B of this section, a conditional use permit may be issued in Area Districts V, VI and VII to authorize the following deviations for single-story residences:

      1.   For a lot, including a corner lot, which is equal to or smaller than the statutory minimum, an increase over the lot coverage allowed under subsection A of this section up to two hundred (200) square feet.

      2.   For a lot, including a corner lot, which exceeds the statutory minimum by less than one thousand (1,000) square feet, an increase up to two hundred (200) square feet over the lot coverage allowed under sections 23.02.10 and 23.02.11 of this article.

      3.   No conditional use permit may be granted under this subsection C for a two-story structure. No person may subsequently construct a two-story building on a lot for which a conditional use permit has been granted under this subsection C unless the structure authorized pursuant to the conditional use permit is removed. (Ord. 096-1093, 7-10-1996; amd. Ord. 0-14-1279, 6-27-2014)

   D.   Notwithstanding subsections A and B of this section, a conditional use permit may be granted in Area Districts V, VI, and VII to authorize an increase in livable area for an addition to an existing residence meeting the following criteria:

      1.   For a lot, including a corner lot, which is equal to or smaller than the statutory minimum, a maximum increase of four hundred (400) square feet over the livable area allowed under subsection A of this section.

      2.   For a lot, including a corner lot, which exceeds the statutory minimum by less than one thousand (1,000) square feet, a maximum increase of three hundred (300) square feet over the livable area allowed under sections 23.02.10 and 23.02.11 of this article.

      3.   No conditional use permit shall be granted under this subsection D unless the Planning Commission makes the following findings in addition to those required by section 23.07.02 of this chapter:

         a.   The addition will be for the following purposes:

            (1)   Enlarging a kitchen, bedroom; or

            (2)   Creating or enlarging a family room, utility room, closets, or bathrooms.

         b.   Any increase in lot coverage will be limited to covered areas created by extending existing walls excluding architectural projections such as fireplaces, cornices or eaves in straight lines to enclose areas between those existing walls and that the existing walls will not be removed or relocated as part of the addition.

         c.   The proposed addition will not change the front elevation of the house.

         d.   The addition will not increase the existing height of the residence.

         e.   The windows, doors, roof materials and other architectural features of the entire residence will be consistent.

         f.   The addition will not increase the lot coverage beyond the maximum permitted for the lot.

         g.   The current owner of the residence has not constructed an addition to the home within the past ten (10) years that increased the lot coverage or livable area. (Ord. 097-1110, 6-20-1997; amd. Ord. 0-14-1279, 6-27-2014)

Except as provided in section 23.06.10 of this chapter, no building shall be deemed nonconforming solely by reason of exceeding the maximum lot coverage, maximum livable area or encroachment limitation if lawfully constructed in accordance with all regulations applicable at the time of its construction. (Ord. 096-1093, 7-10-1996; amd. Ord. 0-14-1279, 6-27-2014)

No main building or accessory building shall be constructed or expanded, nor shall any residential building be reconstructed or altered to the extent of more than fifty percent (50%) of its replacement value, determined cumulatively over a consecutive five (5) year period, unless, together with all other buildings on the same lot (except for basements that do not contain livable area and open roof buildings such as pergolas), such building shall meet all requirements contained in this chapter. The value of such construction shall be based on the calculations from the latest edition of the Building Valuation Data published by the International Code Council, or any substantially similar, nationally recognized construction valuation treatise approved by the City building official. This section shall not apply to existing legal nonconforming residential or accessory buildings damaged by fire or earthquake and rebuilt on prior foundations to the preexisting configuration and style. (Ord. 0-18-1340, 10-10-2018)

   A.   New Construction: No new residential building shall be constructed unless there is provided on the same lot a garage providing the number of car spaces and meeting the standards contained in subsection C of this section.

   B.   Additions To Existing Buildings: The addition of any bedroom to an existing lot or the increase of gross floor area to any existing bedroom by more than twenty five percent (25%) of existing livable area shall require the number of car spaces to be brought to the standards contained in subsection C of this section.

   C.   Number Of Car Spaces Required For Number Of Bedrooms: The following number of car spaces for the storage of vehicles shall be provided in an enclosed garage:

 

 

   D.   New Garage Construction: No garage providing more than two (2) car spaces with a door, the plane of which is parallel or nearly parallel to the front line of the property, shall be constructed in the front yard of a newly constructed residential building, or one which is altered to the extent of more than fifty percent (50%) of its replacement value unless the lot shall have a frontage width of one hundred feet (100') or greater. (Ord. 096-1093, 7-10-1996; amd. Ord. 0-14-1279, 6-27-2014)

Manufactured, prefabricated or mobile home construction shall be permitted only as authorized and preempted by State law and otherwise shall be prohibited.

   A.   Minimum Dimensions: Thirty feet (30') (excluding garage).

   B.   Roof: Pressure treated, fire retardant wood shake or shingle, 300# or heavier composition shingle, clay or cement tile, rock, or gravel; shaped, rolled or reflective roofs are prohibited.

   C.   Eaves: Minimum sixteen inch (16") eave protection unless otherwise approved by the commission.

   D.   Exterior Wall Treatment:

      1.   Permitted materials: Wood siding, stucco, brick or as approved by the commission.

      2.   Color: Natural earth tones, white, with complementary trim color.

      3.   Prohibited materials: No reflective, glossy, polished, roll formed, stamped, extruded, plastic, PVC or similar type of materials shall be used for roofing or siding.

   E.   Foundation Required: All manufactured homes shall be installed on a foundation system, pursuant to section 18551 of the California Health and Safety Code, and no more than ten (10) years shall have elapsed between the date of manufacture of the home and the date of the application for issuance of a permit to install the manufactured home in the City.

   F.   Design Review: Such manufactured homes shall meet all other requirements of this Code and are subject to design review as provided in section 23.15.03 of this chapter. (Ord. 096-1093, 7-10-1996; amd. Ord. 0-14-1279, 6-27-2014)

   A.   Purpose: The purpose of this section is to comply with Government Code sections 66310 et seq. and recent amendments to these provisions, which allow the City to enact certain standards for the development of accessory dwelling units in residential zones within the City. It is also the purpose of this section to ensure the availability of affordable housing for family members, students, and the elderly, among others, in the City while mitigating impacts to traffic, utilities, public health and safety and preserving the character of residential neighborhoods.

   B.   Definitions:

      1.   The following words and phrases, when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:

      2.   "High-quality transit corridor" has the same meaning as defined by Section 21155 of the Public Resources Code, which as of adoption means a corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours.

      3.   "Major transit stop" has the same meaning as defined in Section 21064.3 of the Public Resources Code, which as of adoption means a site containing any of the following:

         a.   An existing rail or bus rapid transit station;

         b.   A ferry terminal served by either a bus or rail transit service; or

         c.   The intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.

      4.   "Nearest transit stop" means the closest site containing an existing rail or bus station or stop.

      5.   "Efficiency Kitchen" has the same meaning as defined Municipal Code Section 23.01.01, which is a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit as defined by Government Code § 66333(f).

   C.   Application Approval: Any application for an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) that meets the location and development standards contained in this Section shall be approved by the City following a ministerial review for compliance, and within sixty (60) days after submission of a complete application. An application which is denied for failing to comply with the City's development standards will be returned to the applicant with a written list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

   D.   Submittal Requirements And Application Processing:

      1.   An application for an accessory dwelling unit shall be submitted to the Planning Division and Building Division concurrently with the submittal of an application for a building permit. The Director of Community Development shall prescribe the form of application, documents to be submitted, and the type of information to be provided by the applicant.

      2.   The Director of Community Development or his/her designee shall issue an accessory dwelling unit building permit if the application conforms to the specific standards set forth in this section.

      3.   An application that does not conform to the specific standards set forth in this Section, including the development standards set forth in Section 23.02.25 G.shall not be approved ministerially but shall require design review, a conditional use permit, or variance, as applicable.

   E.   Location and Zoning Requirements: An accessory dwelling unit may be located on all areas zoned to allow the construction of single-family or multi-family residential dwellings and the site includes a proposed or existing single-family or multi-family dwelling.

      1.   One converted ADU, one JADU, and the construction of one ADU may be constructed on a single-family residential lot where the converted ADU, JADU and detached ADU meet the requirements in Government Code Section 66323. For multi-family units, up to one within each unit up to twenty-five percent (25%) of the existing multifamily dwelling units; externally up to eight (8) detached ADUs on lots with multifamily units, subject to the limitations of Government Code section 66323. The limit on ADUs and JADUs for multi-family lots shall be as set forth in 66232.

      2.   For fire safety purposes, new ADUs and JADUs may only be located on a residential lot that has:

         a.   At least a ten-foot (10') wide fire lane within one hundred and fifty feet (150') of the subject property; and

         b.   A minimum fire flow of one thousand (1,000) gallons per minute if the Building Official makes a written finding that doing so is required to avoid a specific, adverse impact on public health and safety.

      This restriction shall not apply to ADUs and JADUs that are exempt from Planning Review, pursuant to Subsection G.1. of this Section as required by Government Code Section 66323.

      3.   Any ADU/JADU legally created shall be governed by the zoning regulations in effect at the time of approval.

      4.   Tree Removal and Pruning. Tree permits for the removal and/or pruning of established, heritage, or oak trees shall be required per Municipal Code Chapter 23, Article 19.

      5.   Applicants shall locate and design ADU/JADUs so that the retention of established, heritage, or oak trees is accommodated unless doing so prohibits the development of an ADU/JADU as required by the Government Code.

   F.   All ADUs and JADUs shall be subject to the following restrictions:

      1.   The development and use of the ADU/JADU shall only be valid and permitted based on the terms established in this Section.

      2.   A Deed Restriction shall be required for all JADUs. Prior to final inspection and issuance of a certificate of occupancy for a JADU, a deed restriction, approved by the Director of Community Development or his/her designee, on a form approved by the City Attorney, shall be recorded with the County Recorder's Office and filed with the Planning Division which shall include the restrictions and limitations identified in this Subsection. Said deed restriction shall run with the land and shall be binding upon any successor in ownership of the property. The final recorded deed restriction shall state that:

         a.   The JADU shall not be sold separately from the primary residence.

         b.   If the JADU is rented, it shall not be rented for a period of less than thirty (30) consecutive days.

         c.   Owner-occupancy is required for parcels with a JADU, consistent with the requirements and limitations of Government Code Section 66333(b).

      3.   The ADU/JADU shall be restricted to the floor area approved at the time of building permit issuance. Any owner wishing to incorporate the floor area of the ADU/JADU back into the primary dwelling unit must request termination of the ADU/JADU use under this Section, satisfying all zoning and development standards such as setbacks, floor area, and lot coverage. The City will ministerially review ADUs within existing portions of existing multi-family dwelling structures that are not used as livable space, such as storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings in accordance with Government Code Section 66323. The City will ministerially review applications for ADUs and JADUs for multi-family dwellings that meet the requirements of Government Code Section 66323 as long as they comply with this chapter.

      4.   A second unit may not have utility services separate from those of the primary dwelling unit on the same property unless required by State law.

      5.   ADU/JADUs shall not be given separate street addresses from the primary dwelling unit, unless the Director of Community Development determines that one is required for public safety purposes. If the Director of Community Development determines that a separate address is required for public safety purposes, then the City will issue an alphanumeric address for the ADU/JADU beginning with "A" and continuing through the alphabet for units on the property. For example, if the address for the primary dwelling unit is 123 Main Street, the address for the ADU/JADU would be 123 A Main Street.

      6.   The owner and all successors in interest in the subject property shall maintain the ADU/JADU in accordance with all applicable regulations established in this Section and any approval granted by the City. Violations and lack of compliance with any provisions of this Section may result in legal action against the property owner, including revocation of any right to maintain an ADU/JADU on the property as set forth in Subsection J of this Section and shall be subject to administrative fines and penalties as contained in Article 4 of Chapter 1 of the San Marino Municipal Code. The owner and all successors in interest in the subject property may request a delay in the enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code, pursuant to Government Code section 66331.

   G.   Process, Review, And Fees For ADUs And JADUs:

      1.   Projects Exempt From Obtaining a Planning ADU Application: As provided under Government Code Section 66323 an owner shall not be required to submit a Planning ADU Application for an ADU under subsection(f)(2) below, and may instead seek building permit approval for the following types of units that are located within residential zones or upon a lot with an existing residential dwelling:

         a.   JADUs meeting the requirements of Government Code Sections 66323 and 66333-66339.

         b.   Converted ADUs meeting the requirements of Government Code Section 66323 and 66314.

         c.   New construction of detached ADUs meeting the requirements of Government Code Section 66323.

         d.   Projects that are exempt from submitting a Planning ADU Application under this provision are still subject to tree removal permits, grading permits, and other applicable building permit requirements.

      2.   Projects Subject To Planning ADU Application Review And Timelines: The Director of Community Development or his/her designee shall ministerially review and approve a Planning ADU Application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this Section. Where a Planning ADU Application is submitted with an application for a single-family or multi-family dwelling that is subject to design review under Chapter 23 of this code, the Planning ADU Application will be considered separately without discretionary review or a public hearing, following action on the portion of the project that is subject to Chapter 23.

         a.   Planning ADU Applications subject to ministerial approval shall be processed within the timelines established by California Government Code Section 66317.

         b.   In addition to obtaining a Planning ADU Application, the applicant shall be required to obtain a building permit, tree removal permit, if applicable, and other applicable building permit requirements prior to the construction of the ADU.

      3.   Fees and Services:

         a.   The owner of an ADU or JADU shall be subject to the payment of all sewer, water, and other applicable fees except as specifically provided in California Government Code Sections 66324 and 66338.

         b.   No letters of service availability for water or sewer shall be required to be provided by the applicant.

   H.   ADU Development Standards: Excepting those ADUs approved under subsection G(1), an ADU shall comply with the following development standards:

      1.   ADUs are limited to a maximum of two (2) bedrooms for lots smaller than twelve thousand (12,000) square feet. ADUs are limited to a maximum of three (3) bedrooms for lots twelve thousand (12,000) square feet and larger. Studio and one-bedroom ADUs shall not exceed eight hundred and fifty (850) square feet of floor area. Two-bedroom ADUs shall not exceed one thousand (1,000) square feet of floor area. Three-bedroom ADUs shall not exceed one thousand two hundred (1,200) square feet of floor area.

      2.   If there is an existing primary dwelling unit, an attached ADU shall not exceed fifty percent (50%) of the floor area of the existing primary dwelling unit on the subject lot, but in no case shall the ADU be less than one hundred and fifty (150) square feet, nor more than one thousand two hundred (1,200) square feet in floor area. The attached ADU also shall not exceed twenty-five feet (25') in height, or the height limit in the underlying zone or the height of the existing primary dwelling unit, whichever is lower, unless it is a ADU or JADU that is attached to the primary dwelling. Notwithstanding the foregoing, an attached ADU may not exceed two (2) stories.

      3.   A detached ADU shall not exceed one thousand two hundred (1,200) square feet of floor area and shall not exceed one (1) story and/or sixteen feet (16') in height on a lot with an existing or proposed single-family or multi-family dwelling unit.

         a.   A detached ADU may be up to eighteen feet (18') in height if located within one-half (0.5) mile of a "major transit stop" as defined in Section 21064.3 of the Public Resources Code or "high-quality transit corridor" as defined by Section 21155 of the Public Resources Code, or if the property has an existing or proposed multi-family, multi-story residential dwelling.

         b.   A detached ADU may be up to twenty feet (20') in height if it is eligible to be up to eighteen feet (18') in height, to accommodate a roof pitch aligned with the primary dwelling unit but shall not exceed one story.

      4.   A detached ADU shall be located six feet (6') or more from each dwelling, building, and other structure on the property.

      5.   No setback shall be required for a converted ADU that is within an existing structure or within the footprint of a structure constructed in the same location, height, and dimensions as an existing structure. For all other ADUs, the required setback from side and rear lot lines shall be four feet (4'), as measured from the point of the ADU or any mechanical equipment or similar devices that serve the ADU and are maintained and operated on the exterior of the ADU and that is closest to the side and rear lot lines.

      6.   An ADU shall conform to all lot coverage, floor area, and front yard setback regulations applicable to the zoning district in which the property is located, except in the following cases:

         a.   ADUs that are not required to obtain a Planning ADU Application as provided under subsection G.1. of this section.

         b.   Attached and detached ADU on corner lots are required to abide by the front and street-facing side yard setback requirements of the underlying zoning district in which the ADU is located; provided however that no more than four feet (4') shall be required from a side lot line shall be required for an ADU meeting the requirements of Government Code section 66314(d)(7). Deviation from this section shall require approval of the Community Development Director and a demonstration by the applicant that these setbacks create a safety hazard.

         c.   Where the application of lot coverage, floor area, or setback regulations would not permit construction of an eight hundred (800) square-foot ADU that is sixteen feet (16') in height or greater due to proximity to a major transit stop or high-quality transit corridor or other increase permitted by state law with four-foot (4') side and rear yard setbacks, the regulation(s) at issue shall be waived to permit such an ADU.

      7.   An ADU shall include a kitchen, as defined by Municipal Code Section 23.01.01, for cooking and eating and other permanent provisions for living and sleeping, including a closet or other reasonable storage area. An efficiency kitchen as defined by Municipal Code Section 23.01.01 does not qualify.

      8.   An ADU shall include a full bath, as defined by Municipal Code Section 23.01.01.

      9.   ADUs shall exactly match the building materials, colors, style, and form of the primary residence. Architectural details, including, but not limited to, windows, roof pitch and lines, eaves, fascia boards, and trim, shall match the primary residence on the property, provided that no ADU shall include any second-story balcony or similar open space on the second story.

      10.   ADUs shall comply with the City's Pre-Approved Roof Materials, Colors, and Application List and the City's Window and Door Replacement Procedure and Pre-Approved Window and Door Materials List.

      11.   Exterior lighting shall be shielded or directed so that it does not glare off-site or illuminate the primary residence or any adjacent property.

      12.   Windows shall be located to avoid direct line of sight, meaning a straight line between a person standing in the ADU, to the windows of adjacent properties. Obscured glass and other techniques may be used to avoid direct line of sight.

      13.   An ADU shall have a separate exterior access from the primary dwelling unit. The exterior access shall be a standard exterior door and shall be located in a manner that will preserve, the privacy of the primary residence and any adjoining residences and, shall not be visible from the street.

      14.   Any common wall separating the accessory dwelling unit from the main building shall be soundproofed, unless such requirement would preclude development of the ADU. Details of the proposed means of soundproofing shall be submitted with plans for construction. No interior entry to the primary dwelling unit shall be provided.

      15.   A permanent foundation shall be required for all ADUs.

      16.   In addition to the off-street parking space(s) required for the primary residence, one off-street parking space shall be provided for each ADU, except when:

         a.   The ADU is located within one-half (0.5) mile walking distance of public transit. For purposes of this chapter, "public transit" has the same meaning as in Government Code Section 66313.

         b.   The ADU is part of a proposed or existing primary dwelling unit or other existing structure.

         c.   The ADU is located within a historic district.

         d.   On-street parking permits are required but not offered to the occupant of the ADU.

         e.   There is a car-share vehicle located within one block of the ADU.

         f.   A permit application for an ADU is submitted with a permit application to create a new single-family dwelling or new multi-family dwelling on the same lot.

      17.   When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU. If the ADU is removed from use, the single-family or multi-family dwelling unit shall be required to comply with parking standards established in Section 23.02.03 of this Chapter, as well as all other development standards applicable to the zoning district. The location of the required parking space(s) shall not obstruct the parking of the primary residence and shall be a minimum of twenty feet (20') in length and ten feet (10') in width.

         a.   When an ADU is created by converting or demolishing a garage, carport, or covered parking structure with an existing door, if the door is visible from the public right-of-way it must maintain its architectural style to continue to appear as an entrance for vehicles.

      18.   The required parking spaces for the ADU may be uncovered.

      19.   The installation of fire sprinklers and fire alarms shall be required if they exist for the primary dwelling unit or if the primary dwelling unit requires fire sprinklers/fire alarms before the issuance of a certificate of occupancy for the ADU.

      20.   An ADU proposed on a property designated as a historical resource listed on the National Register, the California Register of Historic Places or designated as a local historic landmark or located within an area of the City that has been designated as a historic district by the City Council shall be subject to the following standards:

         a.   No ADU shall be approved that will require a change to the street-facing façade(s).

         b.   Any changes to the exterior of a historic resource shall exactly match the architectural details, including, but not limited to, windows, roof pitch and lines, eaves, fascia boards, and trim.

         c.   Properties with a valid Mills Act Contract shall be subject to the standards and conditions of that Contract.

      21.   The applicant shall submit a map to the Community Development Department demonstrating the distance to the nearest transit stop and major transit stop.

   I.   JADU Development Standards: Junior Accessory Dwelling Units (JADU) shall comply with the following:

      1.   The owner of the single-family dwelling proposed for a JADU shall occupy as a principal residence either the single family dwelling unit, the JADU, or an ADU if one exists on the property. The JADU shall be considered to be in compliance with this code only so long as the owner occupies either the single-family dwelling Unit or the JADU.

      2.   Notwithstanding subsection 1, owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

      3.   The JADU shall be a minimum of one hundred and fifty (150) square feet and a maximum of five hundred (500) square feet of floor area. The floor area of a shared sanitation facility shall not be included in the floor area of the JADU.

      4.   One JADU may be constructed on a lot zoned for single-family residential use, where there is a single-family dwelling unit existing or proposed to be built on the lot. The JADU must be contained entirely within the walls of the existing or proposed single family dwelling unit, which includes attached garages.

      5.   The JADU shall include an efficiency kitchen meeting the requirements of California Government Code Section 66333 and Municipal Code Section 23.01.01.

      6.   A separate exterior entry from the main entrance to the single family dwelling shall be provided to serve a JADU.

      7.   An interior entry to the main living area shall be provided to serve a JADU if the JADU lacks a separate bathroom. Such interior entry may include a second interior doorway for sound attenuation.

      8.   A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

      9.   Any exterior improvements associated with the development of a JADU shall conform to zoning regulations and any existing land use entitlements on the property.

      10.   No additional parking is required for a JADU.

   J.   Termination of Permit and Use for ADUs and JADUs:

      1.   In his or her sole discretion, the Community Development Director may grant an owner's request to terminate an ADU/JADU permit and deed restriction. The Community Development Director shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the City's affordable housing supply.

      2.   As a condition of termination, the Community Development Director shall require the owner to make modifications to the property to comply with:

         a.   Current building code requirements; and

         b.   Current development standards in effect at the time the request is made to terminate the use of the ADU or JADU, including but not limited to, setbacks, heights, parking and floor area.

      The owner shall apply for a building permit to make such modifications as required by the City's building and fire codes.

      3.   In no case shall the ADU or JADU permit be terminated, if the proposed termination would require a variance to exceed the allowable floor area of the single family dwelling unit.

      4.   Where a request is to terminate an ADU that was created from the conversion or demolition of a garage, carport or covered parking structure, the garage, carport, or covered parking structure must be converted back to off-street parking.

   K.   Violations and Enforcement for ADUs and JADUs:

      1.   It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. An ADU or JADU will be found in violation of this section when the dwelling unit has been created without the required City approvals, or does not comply with the standards and deed restrictions established in this section. Violations are subject to the enforcement penalties and procedures of Article 4 of Chapter 1 of this Code.

      2.   In addition to the enforcement penalties and procedures included in Article 4 of Chapter 1 of this Code, the City may pursue any remedies provided by law against the owner of an ADU or JADU found to be in violation of this section, or an ADU or JADU not maintained in conformance with this section, including:

         a.   Revocation of the ADU/JADU permit;

         b.   Where an ADU/JADU has been improperly terminated and is being used as habitable space for the single family dwelling unit, removal of the floor area serving as habitable space; and

         c.   In any civil enforcement action, the City is entitled to recover attorneys' fees and costs from an owner who is determined to have an illegal ADU or JADU, or is in violation of this chapter.(Ord. 0-17-1331, 11-8-2017; amd. Ord. 0-19-1359-U, 12-11-2019; Ord. 0-20-1360-U, 1-8-2020; Ord. O-20-1368, 11-18-2020; Ord. O-24-1416, 11-20-2024)

   A.   Air Space Requirements: Each single-family dwelling unit located in the R-1 zones 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 five hundred sixty (560) cubic feet of air space.

      2.   It shall be unlawful for a person to permit other persons or for two (2) persons to occupy any room in a single-family dwelling unit for sleeping purposes unless such room contains at least six hundred forty (640) cubic feet of air space plus five hundred (500) cubic feet of air space for each person occupying the room in excess of two (2) persons.

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

   B.   Existing Nonconformance: No building shall be deemed nonconforming pursuant to subsection A 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. Existing occupants may continue to occupy the dwelling unit in the same manner, but new occupants may not so occupy the dwelling unit.

(Ord. 096-1093, 7-10-1996; amd. Ord. 0-14-1279, 6-27-2014)

Any land annexed to the city after August 8, 1953, is hereby automatically zoned as R-1, except by specific action by the council, and the "zone map" shall immediately thereupon be amended accordingly. (Ord. 096-1093, 7-10-1996; amd. Ord. 0-14-1279, 6-27-2014)

Any subdivision in the city recorded after August 8, 1953, shall be automatically subject to the yard requirements specified in section 23.02.09 of this article, unless otherwise approved by the commission. (Ord. 096-1093, 7-10-1996; amd. Ord. 0-14-1279, 6-27-2014)

No person may demolish a residential structure in the R-1 zones unless the city shall first have issued all necessary permits for the improvements that will replace the demolished structure, including, but not limited to, any required design review approval, conditional use permit, variance and building permit. Notwithstanding the above, the city may issue a permit to demolish a structure without approval of all necessary permits for the replacement improvements if the commission, or council on appeal, shall determine that the residential structure proposed for removal constitutes an immediate threat to the public safety, health or welfare. (Ord. 096-1093, 7-10-1996; amd. Ord. 0-14-1279, 6-27-2014)

On a corner lot, the front yard shall be adjacent to the street on which the lot has the smaller frontage. Deviation from this section shall require commission approval. The commission may determine that a different side of the lot be considered the front yard, provided that they make necessary findings. (Ord. 096-1093, 7-10-1996; amd. Ord. 0-14-1279, 6-27-2014)

   A.   Purpose And Applicability: This section provides for the approval and regulation of special events on properties located in the R-1 single-family dwelling zone. This section shall not apply to:

      1.   Activities conducted by the city of San Marino acting within the scope of its authority; or

      2.   Activities conducted on the premises of:

         a.   Churches;

         b.   Public schools; or

         c.   Private schools.

   B.   Definitions: For the purpose of this section, the following definitions shall apply, unless the context requires or clearly indicates a different meaning:

    APPLICANT: A person that conducts, manages, promotes or organizes a special event. An applicant must be twenty one (21) years of age or older.

   CITY MANAGER: The city manager or his or her designee.

   CONDUCT OR TO CONDUCT: Means and includes establishing, setting up, maintaining, exhibiting, participating in or carrying on.

   PERMITTEE: The holder of any permit issued pursuant to this section.

   PERSON: Any natural person, firm, association, joint venture, partnership, organization, club, company, corporation, except where the context clearly requires a different meaning.

   PLANNING AND BUILDING DIRECTOR: The planning and building director or his or her designee.

   SPECIAL EVENT: A short term land use activity conducted by or on behalf of a political or charitable nonprofit organization that: 1) is distinct from a customary residential use in the R-1 single-family dwelling zone; 2) involves the potential attendance of more than one hundred (100) persons; and 3) requires a donation or charge for admission or involves fundraising activities, including, but not limited to, auctions or raffles.

   C.   Special Event Permit Required: No person shall conduct a special event on any property located in the R-1 single-family dwelling zone unless such person first obtains a special event permit.

   D.   Duration And Frequency Of Special Events:

      1.   No special event may be conducted between the hours of twelve o'clock (12:00) midnight and seven o'clock (7:00) A.M.

      2.   No special event may be conducted for a period greater than two (2) consecutive days, unless a conditional use permit is issued pursuant to article 07, "Variances And Conditional Use Permits", of this chapter.

      3.   No more than four (4) special events may be conducted during any twelve (12) month period on the same property, unless a conditional use permit is issued pursuant to article 07, "Variances And Conditional Use Permits", of this chapter.

      4.   Once a special event is conducted on a property, no other special event may be conducted on that same property for sixty (60) days, unless a conditional use permit is issued pursuant to article 07, "Variances And Conditional Use Permits", of this chapter.

   E.   Ancillary Commercial Activity: Ancillary commercial activities may be conducted in combination with a special event if a conditional use permit is issued pursuant to article 07, "Variances And Conditional Use Permits", of this chapter. For purposes of this provision "ancillary commercial activity" shall mean retail sales conducted by private vendors on the same premises as the special event. The permitted scope of the ancillary commercial activities shall be established through the conditions of the conditional use permit. A separate business license shall be required for each private vendor operating under a special event permit.

   F.   Application For Special Event Permit:

      1.   An application for a special event permit shall be filed with the planning and building department at least sixty (60) calendar days prior to the date of the proposed special event. The application shall be on a form furnished by the planning and building department and shall at a minimum contain the following information and shall be signed by the applicant under penalty of perjury:

         a.   The name, address, and telephone number of the applicant and the contact person who will be present on the date of the special event, and if applicable, the name of each of the principal officers of the applicant, with the telephone number for each officer.

         b.   Evidence that the applicant is twenty one (21) years of age or older.

         c.   The name, residence address and telephone number of the property owner on whose property the special event will take place, and a written statement from the property owner or lawful occupant of the property, if different than the applicant, authorizing the applicant to conduct the special event on the property.

         d.   A detailed description of the nature of the special event and an estimate of the maximum number of persons who will attend the special event.

         e.   The proposed date and starting and ending times (including setup and cleanup) for the special event.

         f.   The location of the proposed special event.

         g.   A detailed plot plan of the special event area showing the location of equipment, booths, stages, lighting, canopies, tents, portable toilets, parking areas, temporary signs and banners, temporary fencing, trash bins, seating food service areas, sound systems or other related equipment, exits, sources of open flame, fuel and other hazardous material containers, adjacent structures and emergency access.

         h.   A traffic control plan for the special event, including any necessary directional devices and street closures.

         i.   The type of security or other arrangements, if any, that will be provided for the special event.

         j.   Whether any food or beverages, including alcoholic beverages, will be served at the special event.

         k.   Any supplemental information deemed necessary by the planning and building director to determine whether the application should be granted, conditionally approved or denied.

      2.   No application will be accepted and processed unless all of the required information is provided.

      3.   The application shall be accompanied by an application fee, if any, in an amount established by the city council, pursuant to subsection M of this section.

   G.   Special Event Permit Authority: The planning and building director or his or her designee shall have the authority to consider and issue or deny special event permits as provided in this section.

   H.   Processing Of Application And Issuance Of Special Event Permit:

      1.   Upon receipt of a complete application, the planning and building director may refer copies of the application to such appropriate city departments as deemed necessary for comments and recommendations regarding the application, including, but not limited to: police department, finance department, fire department, planning and building department, and public works department.

      2.   Upon receiving the comments and recommendations from the various departments, the planning and building director shall review and consider the application, together with any comments and recommendations received, and shall issue the special event permit, with or without conditions, unless the planning and building director determines that one of the grounds for denial set forth in subsection I, "Grounds For Denial Of Special Event Permit", of this section exists. All special event permits shall be for a limited duration as provided in subsection D, "Duration And Frequency Of Special Events", of this section, and the date and hours of the special event shall be indicated in the permit. The decision of the planning and building director shall be in writing and shall be rendered within fifteen (15) calendar days of the filing of a complete application. The decision of the planning and building director shall be final unless appealed in accordance with subsection J, "Appeals", of this section.

      3.   When issuing a special event permit, the planning and building director or his or her designee may impose any conditions as deemed necessary or appropriate to protect adjacent property and the public health, safety and welfare. These conditions may include a deposit and reimbursement to the city for the cost of assigning public safety or other personnel to ensure that the event is conducted without any adverse impact to the public safety and welfare. Any violation of the conditions of the special event permit shall be considered a violation of this code.

      4.   As a condition precedent to the issuance of a special event permit, the permittee shall obtain public liability insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best's insurance guide of at least "B". Such insurance shall provide occurrence coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with such special event. Such insurance shall be in the amount of at least one million dollars ($1,000,000.00), combined single limit, and shall name the city and the city's officers, employees and agents as additional insureds under the coverage afforded. In addition, such insurance shall be primary and noncontributing with respect to any other insurance available to the city and shall include a severability of interest (cross liability) clause. Proof of such insurance, in a form approved by the director, shall be filed prior to the issuance of the special event permit and such insurance shall be maintained in full force and effect throughout the course of the special event authorized by such permit.

   I.   Grounds For Denial Of Special Event Permit:

      1.   After the review of a complete application for a special event permit, the planning and building director shall grant the special event permit unless the planning and building director finds that any one of the following conditions exist:

         a.   The information contained in the application or supplemental information requested from the applicant is found to be materially false;

         b.   The special event, as proposed, does not or will not comply with the provisions of this section or any other section of this code;

         c.   The proposed special event will interfere with any other special event for which a permit has already been approved or with the provision of city services in support of other scheduled events;

         d.   The location of the proposed special event is likely to interfere with construction or maintenance work previously scheduled to take place upon or along city streets, or to interfere with a previously granted encroachment permit;

         e.   The proposed special event will adversely affect the city's ability to reasonably perform municipal functions or furnish city services;

         f.   The proposed special event will likely interfere with public transportation, vehicular or pedestrian traffic, or the movement of police, fire, ambulance, and other public safety or emergency vehicles on the streets in the area of its location;

         g.   All other required permits, including, but not limited to, tent permits, valet parking permits, ABC permits, building permits, fire permits, or candle permits, have not been obtained; or

         h.   The proposed special event is in conflict with other applicable provisions of federal, state, or local laws.

      2.   The decision of the planning and building director shall be final unless appealed in accordance with subsection J, "Appeals", of this section.

      3.   Upon denial of a special event permit, the applicant shall be notified in writing of the denial and furnished a statement of the reasons for such denial.

   J.   Appeals: Any aggrieved person may appeal the decision of the planning and building director to approve, conditionally approve, deny, suspend, or revoke a special event permit to the city manager. Appeals to the city manager must be filed in writing with the city clerk within five (5) calendar days of the planning and building director's decision. The city manager shall conduct a hearing given the timing of the proposed special event, and written notice of such hearing shall be provided to the applicant at least three (3) days prior to the hearing. In reviewing the action of the planning and building director, the city manager shall exercise the same discretion and be subject to the same standards and limitations as are provided for consideration and determination of the matter by the planning and building director. The decision of the city manager shall be final.

   K.   Unlawful To Use City Name Without Authorization: It is unlawful for any permittee to use in the title of the special event words that could be reasonably interpreted to imply that the event is sponsored or endorsed by the city or to use the facsimile of the seal or logo of the city without the city's written authorization.

   L.   Establishment Of Rules And Regulations: The planning and building director is authorized to establish and promulgate additional administrative policies, rules and regulations that are consistent with and that further the provisions set forth in this section.

   M.   Establishment Of Application Fees: The city council may, by resolution, establish application fees for special event permits or other approvals set forth in this section. (Ord. 0-08-1210, 12-10-2008; amd. Ord. 0-14-1279, 6-27-2014)

   A.   Purpose and Findings.

      1.   The purpose of this section is to provide regulations for the establishment of two-unit residential developments in the R-1 zone and to define an approval process for such two-unit residential developments consistent with Government Code Sections 65852.21, or any successor statute. The intent of this section is to provide opportunities for more affordable housing in existing single-family residential zones as mandated by state law. It is also the goal to provide development standards to ensure the orderly development of these units in appropriate areas of the City.

      2.   Two-unit residential developments are residential uses consistent with the uses permitted in the R-1 zone.

      3.   Government Code Section 65852.21 preempts the density limitations established by the General Plan and the underlying zones in which two-unit residential developments created pursuant to the requirements of this subsection are permitted. Incompatibility with the City’s density limitations shall not provide a basis to deny a two-unit residential development that otherwise conforms to the requirements of this section.

      4.   The City will protect residents and properties in the special districts, including areas where a high fire hazard or seismic risk exists, or where a Historic Resources Survey has identified historic areas, districts or properties, by denying requests for two-unit residential developments in these special districts where a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code exists, based upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

   B.   A two-unit residential development containing two residential units within the R-1 zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing meets all of the standards set forth below. For purposes of this section, a two-unit residential development contains two residential units if the development proposes two new units or if it proposes to add one new unit to one existing unit.

      1.   If a parcel includes an existing single family residence, one additional unit of not more than 800 square feet may be developed pursuant to this section. If the existing single family residence has been occupied by a tenant in the last three years, no more than 25% of the existing exterior structural walls may be demolished to create the two-unit residential development.

      2.   If a parcel does not include an existing single family residence, or if an existing single family residence is proposed to be demolished in connection with the creation of a two-unit residential development, two units of not more than 800 square feet may be developed pursuant to this section.

      3.   Each unit in a two-unit residential development shall be separated by a distance of at least ten (10) feet from any other structure on the parcel; however, units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow separate conveyance. A solid (no openings) one-hour rated fire wall is required between any attached units.

      4.   Unit Count. No more than two units are allowed on a lot with a two unit residential development. If a parcel was created subject to the urban lot split subdivision provisions of Chapter 22, Article 06, no more than two units -- including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units in any combination -- shall be permitted on either parcel.

      5.   Prior to occupancy, the City Manager, or designee, shall approve an Affordable Housing Regulatory Agreement governing and encumbering one of the units on the two-unit residential development and ensuring long-term affordability of the income-restricted unit. The Affordable Housing Regulatory Agreement shall be for a term of 99 years. The Affordable Housing Regulatory Agreement shall be executed by the City Manager, or designee, and the applicant prior to occupancy. The affordable unit must be occupied by an extremely low, very low or low income household, subject to the income limits established by HCD for the Los Angeles/Long Beach metropolitan area. If the unit is leased, the property owner must submit a copy of the lease and any sublease to the City. Any lease or sublease must comply with the Affordable Housing Regulatory Agreement. The property owner must agree to a yearly inspection to verify compliance with the Affordable Housing Regulatory Agreement. The property owner must pay the annual inspection fee as set forth in the City’s fee and fine resolution.

   C.   A two-unit residential development shall be prohibited in each of the following circumstances:

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

         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.

      2.   The parcel subject to the proposed housing development is a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

      3.   The parcel subject to the proposed housing development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or county landmark or historic property or district pursuant to a City or county ordinance.

      4.   If the two-unit residential development is on a parcel that is any of the following:

         a.   Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

         b.   Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

         c.   Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

         d.   A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

         e.   Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

         f.   Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met: (i) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or (ii) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

         g.   Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.

         h.   Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

         i.   Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

         j.   Lands under conservation easement.

         k.   All high fire and high wind areas with substandard streets in Special Districts to be identified.

         l.   All hillside areas with established geotechnical and hydrology challenges in Special Districts to be identified.

         m.   Any parcel located within a hazard zone as designated on a Geotechnical and Seismic Hazard Map unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by the City’s Community Development Department pursuant to Government Code section 8875 et seq.

   D.   Any construction of a two-unit residential development shall conform to all property development regulations of the underlying district in the R-1 zone in which the property is located as well as all fire, health, safety and building provisions of this code, subject to the following exceptions:

      1.   No change in setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. Verification of size and location of the existing and proposed structure by City staff requires pre- and post-construction surveys by a California licensed land surveyor. Any addition to an existing structure shall comply with the setback requirements for new construction.

      2.   For all other dwelling units proposed in connection with a two-unit residential development, a minimum setback of four feet, or the applicable setback for the zone district, whichever is less, is required from the rear and side property lines.

      3.   Limits on lot coverage, floor area ratio, open space, and size must permit at least two units of at least 800 square feet in connection with a two-unit residential development.

      4.   New dwelling units proposed in connection with a two-unit residential development shall not exceed 16 feet in height as measured from the datum point, and in no event shall they exceed one story. Plate height shall be limited to 8 feet, six inches.

      5.   All dwelling units created in connection with a two-unit residential development shall have independent exterior access.

      6.   For applications that do not involve an urban lot split subdivision pursuant to Chapter 22, Article 06, one of the dwellings on the lot shall be the bona fide principal residence of at least one legal owner of the lot containing the dwelling for three years from the time of approval of the two-unit residential development or, if no unit then exists, for three years from the City’s issuance of the unit’s Certificate of Occupancy, as evidenced by appropriate documents of title and residency. In the event the owner of a lot is a legal entity, at least one owner of the entity shall reside on the lot. Prior to the issuance of a building permit, the applicant shall provide evidence that a covenant has been recorded stating that one of the dwelling units on the lot shall remain owner occupied. The property owner must provide for an inspection every six months for the first three years to ensure the property owner is living onsite. The property owner must pay the special inspection fee as set forth in the City’s fee and fine resolution. This subsection shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.

      7.   If rented, two-unit residential developments shall only be used for rentals of terms of longer than thirty days.

      8.   Parking. A one-car garage is required for each unit, with minimum interior dimensions of ten (10) feet wide by twenty (20) feet deep, except that parking is not required if the parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or if there is a car share vehicle located within one block of the parcel. Two-unit residential developments are subject to 15.07.23. Each garage will be accessible by a 9-foot wide driveway and shall comply with access standards established in the Two-Unit Residential Development Design Standards and the Two-Unit Residential Development and Urban Lot Split Configuration Standards.

      9.   Two-unit residential developments shall provide a new or separate utility connection directly between each dwelling unit and the utility. The connection may be subject to a connection fee or capacity charge.

      10.   Two-unit residential developments shall be required to provide fire sprinklers.

      11.   When a two-unit residential development dwelling unit is proposed on a parcel with an existing single family dwelling unit, the new unit shall utilize the same exterior materials and colors as the existing dwelling unit.

      12.   Two-unit residential developments shall be required to provide 200 square feet of private open space per unit. The open space will be contiguous to the unit. The minimum dimensions shall be ten (10) feet by twenty (20) feet.

      13.   All new construction allowed for under this ordinance will have to comply with all applicable sections of the City-adopted 2019 California Fire Code including local amendments, and any future amendments adopted by the City of San Marino. Said requirements shall include but not be limited to: fire apparatus access roads and any additional access roads as may be required by the fire code official, fire sprinklers, fire alarms, including fire alarm monitoring, premises identification, and Fire Protection Water supplies including but not limited to Fire Hydrant Systems.

      14.   There shall be no phasing of projects. If two new units are proposed, applicant must construct both units at the same time and obtain certificates of occupancy simultaneously.

      15.   A reciprocal easement agreement that is recorded on title is required for common driveways.

      16.   LEED Platinum Certification: Concurrent with the submission of any plans for units created under this code for planning, building, or fire plan check, the applicant shall file on forms approved by the Community Development Department, certification of LEED Platinum standard for the design of the said unit(s). This requirement does not apply to conversions of and additions to existing buildings.

      17.   Units shall include residential grey water systems, all-electric “Energy Star” appliances, and cool-roof technology. These must be identified on documents included with the application. This requirement does not apply to conversions of and additions to existing buildings.

      18.   A unit may not include a basement. This requirement does not apply to conversions of and additions to existing buildings.

   E.   Objective Design Standards.

      1.   Application. Any construction of a two-unit residential development shall comply with this Section, the Two-Unit Residential Development Design Standards and the Two-Unit Residential Development and Urban Lot Split Configuration Standards, as adopted by City Council resolution and as same may be amended from time to time by further City Council resolution.

      2.   Exceptions to Objective Standards: Any objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area must be set aside. Objective zoning standards will be set aside in the following order until the site can contain two, 800 square foot units.

         a.   Front of the lot floor area ratio.

         b.   Floor area ratio.

         c.   Lot coverage.

         d.   Articulation.

         e.   Open Space.

         f.   Front yard setback.

         g.   Height.

         h.   Tree Preservation.

   F.   Tree Preservation. In cases where an addition or new construction is being proposed, the property owner shall submit a site plan showing all established trees, heritage trees, and oak trees as defined in Section 23.19.02. The applicant shall submit a tree protection plan as defined in Section 23.19.02. The applicant shall not remove an identified tree unless the addition or new construction cannot otherwise be accommodated elsewhere on the property without removal of an identified tree. If a two unit residential development cannot be constructed without removing an identified tree, the tree must be replaced per the Tree Replacement Matrix in Section 23.19.05.

   G.   Development impact fees. Applicant shall pay development impact fees in an amount established by City Council resolution.

   H.   Application Requirements.

      1.   Applicant must submit a title report and affidavit demonstrating compliance with this section.

      2.   Applicant must provide notice as required by Section 23.09.04.

   I.   Review of Application.

      1.   Applications for two-unit residential developments conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing by the director of community development. Incomplete applications will be returned with an explanation of what additional information is required.

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

      3.   A proposed two-unit residential development shall be denied if the application fails to comply with this Section.

      4.   The Director’s determination on the application is final.

   J.   Prior to the issuance of a building permit for a two-unit residential development dwelling unit, the property owner shall record a covenant with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney. The covenant shall notify future owners of the owner occupancy requirements, the approved size and attributes of the units, the affordability requirement, and minimum rental period restrictions. This covenant shall remain in effect so long as a two-unit residential development exists on the parcel.

   K.   In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with State law, the applicable provision of State law shall control, but all other provisions of this section shall remain in full force and effect.

(Ord. O-21-1385, 12-15-2021; amd. Ord. O-21-1386, 1-12-2022)

   Any new construction involving multi-family residential development in the R-1 Single Family Dwelling Zone shall comply with Article 20 Standards for Multi-Family Residential Development.

(Ord. O-23-1402, 6-30-2023)