Nine residential zones are established to provide a range of housing types and densities in sufficient supply to serve the needs of the city's residents. The residential zones are as follows:

   (A)   Hillside Residential - Planned Development (HR-PD) Zones.

      (1)   The HR-PD zones are established to permit residential development in environmentally sensitive hillside areas. The zones are intended to limit density, preserve hillsides in a natural state to the extent possible, encourage grading respecting the natural contour of the hills, require the retention and planting of trees and other vegetation, and protect natural landmarks and prominent natural features which enhance the character of a specific area. Development standards for the HR-PD zones are shown in Table 13-2 and further set forth in Division 3 of this chapter.

      (2)   Because of the varied terrain, vegetation, and scenic qualities unique to each hillside property, a Planned Development (PD) overlay will apply to each property zoned HR1 or HR2 to provide for flexibility in the design and development of each property. Each Hillside Residential-Planned Development project will be assigned a number that will be shown on the zoning map. The following HR-PD zones have been established:

 

 

   (B)   Rural Residential (R-A) Zone. The R-A zone provides areas for very low density, rural residential units. Low-intensity, noncommercial agricultural use that is secondary to the primary residential use is also permitted. The maximum permitted density in the R-A zone will be indicated by a minimum lot size suffix shown on the zoning map, but in no case will the maximum density exceed four units per acre. Development standards for the RA zone are shown in Table 13-2.

   (C)   Single Family Residential Zone (R-1). The R-1 zone provides areas for single-family dwellings that incorporate private outdoor open spaces. The zone is intended to protect and stabilize desirable characteristics of single-family residential areas, such as minimum lot sizes and separation from incompatible land uses. The maximum permitted density is seven units per acre. Development standards for the R-1 zone are shown in Table 13-2.

   (D)   Small Lot Single Family Residential Zone (R-1(a)). This zone accommodates legally established lots in the R-1 zone containing less than 6,000 square feet. Special development standards are established for such lots. Similar to the R-1 zone, the R-1(a) zone provides areas for single-family dwellings that incorporate private outdoor open spaces. The zone is intended to protect and stabilize desirable characteristics of single-family residential areas, such as minimum lot sizes and separation from incompatible land uses. The maximum permitted density is seven units per acre. Development standards for the R-1(a) zone are shown in Table 13-2.

   (E)   Medium Density Residential Zone (R-2). The R-2 residential zone provides areas for low-density development consisting of duplexes, attached single-family units, or two detached single-family units on one lot. The maximum permitted density is 15 units per acre. Development standards for the R-2 zone are shown in Table 13-2.

   (F)   Medium-High Density Residential Zone (R-3). The R-3 zone provides areas to accommodate apartments, condominiums, townhomes, and other multi-family dwellings, although single-family and duplex residences are also permitted. Multi-family developments in this zone are characterized by dwellings containing private open space features, as well as common open space and recreational amenities. The maximum permitted density is 21 units per acre. Development standards for the R-3 zone are shown in Table 13-2.

   (G)   High Density Residential Zone (R-4). The R-4 zone provides opportunities for high-density residential development and is intended primarily to accommodate apartments, condominiums, town-homes, and other multi-family dwellings, although single-family and duplex residences are also permitted. Multi-family development is characterized by 2- to 3-story structures developed in a coordinated, cohesive manner around common open space features. The maximum permitted density is 29 units per acre. Development standards for the R-2 zone are shown in Table 13-2.

   (H)   Mobile Home Park Zone (MHP). The MHP zone is intended to accommodate mobile home parks and mobile home subdivisions in order to provide park residents with a safe, comfortable, healthy and pleasant living environment. Mobile home parks and subdivisions are characterized by single-story mobile homes on individual lots/sites arranged in a coordinated, cohesive manner around common open space features. The maximum permitted density is ten units per acre. Development standards for the MHP zone are set forth in Division 6 of this chapter.

(Ord. 1100, passed 7-6-04)

   (A)   Table 13-1 identifies the uses permitted in the HR1-PD, HR2-PD, R-A, R-1, R-1(a), R-2, R-3, R-4 and MHP zones. Residential uses represent the primary permitted use, and only those additional uses that are complementary to, and can exist in harmony with, the residential character of each zone may be allowed as conditionally permitted, accessory, and temporary uses, as indicated in Table 13-1. Accessory uses are not permitted on any property where a permitted primary use does not already exist.

   (B)   Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding the location, operation, or design of the use. Such uses are marked in Table 13-1 with an asterisk (*), and the special conditions that apply are contained in Chapter 16.56 (Standards for Specific Land Uses) of this Title 16.

   (C)   When a use is not specifically listed, the Planning Director will have the authority to determine the zone in which the use is permitted based on its similarity to other uses in that zone, per Section 16.03.020 (Planning Director Responsibilities) of this Title 16.

(Ord. 1100, passed 7-6-04; Am. Ord. 1159, passed 6-19-06; Am. Ord. 1249, passed 5-6-13; Am. Ord. 1262, passed 2-1-16)

 

Key:   P = Permitted Use

      X = Prohibited Use

      A = Accessory Use

      C = Conditional Use Permit required (Chapter 16.218)

      T = Temporary Use Permit required (Chapter 16.228)

      * = Special conditions apply; see applicable chapter noted in this table.

   (A)   Table 13-2 identifies the development standards applicable to primary residential dwellings in the R-A, R-1, R-1(a), R-2, R-3, and R-4 zones. Standards applicable to primary dwellings in the HR-PD and MHP zones are set forth respectively in Divisions 3 and 6 of this Chapter.

   (B)   The minimum lot width for a corner lot is measured at the required front yard setback line.

   (C)   For in-fill development, any front yard requirement will be deemed to be met when the depth of the front yard provided at least equals the average of that established by existing buildings which occupy 50% or more of the lots within the same block on zone.

(Ord. 1100, passed 7-6-04; Am. Ord. 1159, passed 6-19-06; Am. Ord. 1172, passed 7-2-07)

 

Abbreviations:   du(s) = dwelling unit(s); sf = square feet; ft. = feet; bdrm = bedroom; N/A = not applicable

Notes:   (a)   A density bonus of at least 25% may be granted in accordance with the provisions of this Chapter 16.13, Division 7 (Density Bonuses).

      (b)   Densities below the required minimum density may be approved through a Conditional Use Permit review and approval.

However, in no case may the density be less than 50% of the required minimum density for the zone.

      (c)   All garage doors must be set back at least 20 feet from ultimate street right-of-way line.

      (d)   Standards apply to individual lots/sites in mobile home park. For mobile home park development standards, see Division 6 of Chapter 16.13.

      (e)   Standard does not apply to second dwelling units, pursuant to Division 4 of this Chapter 16.13.

   The following standards apply to all single-story detached non-habitable accessory buildings and structures in a residential zone. Two story detached non-habitable accessory buildings must comply with the setback requirements for primary dwellings in the underlying zone.

      (1)   An accessory building or structure is allowed along the side property line not abutting a street if:

         (a)   The accessory building is located 50 feet or more from the front property line of all residential zones.

         (b)   There is no door, window, or similar opening on the wall of the accessory building to be located along the property line; and

         (c)   All roof drainage is accommodated on the property on which the building or structure is placed.

Otherwise, the minimum side yard requirements will be the same as required for the main building.

      (2)   The following minimum side yard setbacks are required for any accessory building or structure located within a side yard abutting a public street:

         (a)   An accessory building located 50 feet or more from the front property line must have a minimum setback of 10 feet; otherwise, the setback must be the same as required for the main building.

      (3)   An accessory building with direct alley access must be located a minimum of 26 feet from the opposite side of the alley (see Figure 13-1) or 2 feet from the property line, whichever is greater.

Setbacks for Accessory Buildings

      (4)   A notice of land use restriction must be recorded on the property to: (a) limit the use of the structure to an accessory building, and (b) specify that the structure cannot be used or converted to a dwelling unit at any time in the future unless the accessory building complies with all applicable state and local laws including all provisions in the Municipal Code and Development Code.

      (5)   Calculations to determine building size and setback requirements for alterations or additions to a nonconforming structure (Chapter 16.114 of this Title 16) may not include detached accessory buildings.

      (1)   An accessory building is permitted along the rear property line if:

         (a)   There is no opening along the property line;

         (b)   All roof drainage is accommodated on the property on which the building or structure is placed.

Otherwise, a minimum rear yard setback of three feet is required.

      (2)   An accessory building with direct vehicle access from the alley must be located a minimum distance of 26 feet from the opposite side of the alley or two feet from the property line, whichever is greater.

      (3)   On a reverse corner lot, the accessory building must have a minimum setback of five feet from the rear property line, which is also the side property line of an adjoining property.

      (4)   A notice of land use restriction must be recorded on the property to: (a) limit the use of the structure to an accessory building, and (b) specify that the structure cannot be used or converted to a dwelling unit at any time in the future unless the accessory building complies with all state and local laws including all provisions in the Municipal Code and Development Code.

      (5)   Calculations to determine building size and setback requirements for alterations or additions to a nonconforming structure (Chapter 16.114 of this Title 16) may not include detached accessory buildings.

      (1)   Habitable accessory structures must conform to all setback standards of the primary dwelling.

      (2)   Habitable accessory structures must conform to the maximum height and lot coverage provisions of the zone.

      (3)   Habitable accessory structures must be designed and constructed with materials that are comparable to and compatible with the primary residence and other residences in the vicinity.

      (4)   No additional parking will be required for a habitable accessory structure. However, all existing on-site parking must be maintained.

      (5)   A guest house can only be used by the occupants of the principal dwelling or their nonpaying guests.

      (6)   A guest house is not allowed if the property contains an existing granny flat or second unit.

      (7)   Accessory buildings used for home occupations cannot include kitchen facilities.

      (8)   A notice of land use restriction must be recorded on the property to: prevent structures from being rented; limiting use of structures to an accessory building; specifying that structures cannot be used or converted to a dwelling unit at any time in the future unless the accessory building complies with all state and local laws including all provisions in this Code.

      (9)   Calculations to determine building size and setback requirements for alterations or additions to a nonconforming structure cannot include habitable accessory buildings.

      (10)   Guest houses, recreational rooms and similar habitable accessory structures are subject to administrative approval by the Planning Director with Design Review.

(Ord. 1100, passed 7-6-04; Am. Ord. 1159, passed 6-19-06; Am. Ord. 1172, passed 7-2-07; Am. Ord. 1192, passed 6-16-08)

   (A)   Applicability. Every lot and building site in the R-2, R-3, and R-4 zones must provide common usable open space and private usable open space in accordance with the provisions of this section. The Planning Director, through the design review process or other permit review procedure, may approve only those plans that conform to the requirements of this section.

   (B)   Common usable open space.

      (1)   A minimum of 125 square feet of common usable open space must be provided for each bedroom in a unit or for each studio apartment situated on the lot and building site.

      (2)   The required common usable open space must be arranged to provide at least 50% of the space in at least one area. The minimum dimensions of such space must be 25 feet by 25 feet. The remaining required common usable open space may be distributed throughout the building site and need not be in one such area; provided, however, no area containing less than 50 square feet will be considered common usable open space.

      (3)   All required common usable open space must be improved in a manner appropriate to its intended purposes, and all landscaping must comply with the requirements of § 16.13.060 below. Natural features of the site reasonably worthy of preservation, as determined by the Planning Director through the design review or other permit review procedure, may be retained in their natural state and need not be improved, but must be maintained. Natural areas may be improved with such items as irrigation lines and additional plant materials to assist in assuring the lasting retention of the natural feature being preserved.

      (4)   A minimum of 50% of the required common usable open space must be located on those portions of the lot or building site where the slope is no greater than 10%.

   (C)   Private usable open space.

      (1)   A minimum of 100 square feet of private usable open space must be provided for each ground floor dwelling unit. All private usable open space must be enclosed by an opaque fence or wall not more than 6 feet nor less than 4 feet in height.

      (2)   Dimensions of private usable open space must be a minimum of eight feet.

      (3)   Not more than 50% of the private usable open space may be covered by an overhang, balcony, or patio roof not less than seven feet in height.

(Ord. 1100, passed 7-6-04; Am. Ord. 1159, passed 6-19-06)

   (A)   Purpose. These landscaping standards are established to ensure that each residential development maintains attractive planted areas that provide complementary design components to buildings on a site. These standards are intended to allow for creativity and to provide latitude in the design of landscaping and irrigation plans, and to encourage design that conserves and recycles the resources invested in landscapes. Landscape and irrigation plans are encouraged to take full advantage of the wide range of drought-tolerant landscape material and low-water-flow irrigation systems available within the framework established by this section. All landscaping must comply with City Resolution 3675 establishing guidelines for the preparation of landscape and irrigation plans.

   (B)   Landscaping required.

      (1)   Landscaping with plant materials is required in the front yards of all residential development, including detached single-family units.

      (2)   Landscaping with plant materials must be provided in common open space areas and yard setback areas of multiple-family developments and mobile home parks.

      (3)   All required front yards must be landscaped.

      (4)   Landscaping of required off-street parking areas must be provided as set forth in § 16.46.140 (Landscaping Required) of Chapter 16.46 (Off-Street Parking and Loading) of this Title 16.

      (5)   No more than 20% of any required landscaped area may be covered with hardscape or other non-plant materials such as fountains, rocks, masonry or brick work, paving, or similar feature.

   (C)   Irrigation required. All required landscape areas must be provided with permanent underground

irrigation systems suitable for the type of landscaping provided.

   (D)   Landscape maintenance. All landscaping must be maintained in a neat and healthy condition and in a manner that prevents adverse public health, safety, and welfare effects.

   (E)   Landscape and irrigation plans required.

      (1)   Landscape and irrigation plans are required for all residential development proposals for five or more units.

      (2)   The plan must indicate the square footage of each landscaping area, report the total square footage devoted to landscaping with plant materials, identify each landscaping area and the types of plants to be provided therein, list the container size of each plant, and clearly portray the entire landscaping layout and irrigation system.

      (3)   No building permit may be issued until landscaping and irrigation plans have been reviewed and approved by the Planning Director or the designee.

   (F)   Water-conserving features. Landscape and irrigation plans must take full advantage of available drought-tolerant landscape materials and low-water-flow irrigation systems, except where such action conflicts with adopted fire prevention plans, or the Fire Chief determines that such would create a fire hazard.

(Ord. 1100, passed 7-6-04)

   (A)   Required architectural features. All dwelling units, including mobile homes placed on a permanent foundation, constructed, erected or moved onto a permanent foundation on property in any residential area must conform to the following standards:

      (1)   The construction or installation must meet all city, state and federal requirements.

      (2)   No sheet metal roofs are permitted; provided, however, that metal roofs that simulate wood shake and shingle roofs are permitted, as are metal patio roofs.

      (3)   All main buildings or structures must have eave overhangs of a minimum of 16 inches or a minimum 1-foot-high parapet extending above roof level.

      (4)   No metal siding is permitted, with the exception of metal lap siding.

      (5)   All buildings must include a perimeter concrete or masonry stem wall, whether structural or ornamental. The stem wall must have the appearance of extending from grade up to the base of the exterior wall.

   (B)   Required interior features. All dwelling units, including multifamily dwelling units and mobile homes placed on permanent foundations, must conform to the following standards:

      (1)   The construction or installation must meet all city, state and federal requirements.

      (2)   All dwelling units must be insulated from exterior noise. Wall and floor/ceiling assemblies separating units from each other or from public or quasi-public spaces such as interior corridors, laundry rooms, recreation rooms, and garages must provide airborne sound insulation (minimum rating of 55 STC) for walls, and both airborne and impact sound insulation (minimum rating of 65 IIC) for floor/ceiling assemblies.

      (3)   Each new dwelling unit must include utilities for future washer and dryer installation, unless an approved laundry facility is included within the development. Such utilities must be constructed with readily accessible outlets for plumbing (hot and cold water) and gas outlets when available or electrical outlets.

      (4)   A minimum of 10% of all dwelling units in a development, with the exception of mobile homes, must be designed to be handicap adaptable and/or accessible, pursuant to California accessibility requirements.

   (C)   Required site features. In addition to open space requirements outlined in § 16.13.050, the following site features are required on all residential properties.

      (1)   The configuration and orientation of the project should respect reasonable design limits imposed by the natural and manmade environment. Structures should be situated to take advantage of view, topography, sun and wind, while at the same time not destroying these advantages for adjacent properties. Structures should also be situated to minimize or buffer any undesirable properties of the site such as street noise and nearby obnoxious commercial or industrial uses.

      (2)   The layout of units and open space within the project should establish, through the use of structure and manmade and landscape materials, a perceptible spatial transition from the public street, through the semi-privacy of the common areas, to the privacy of the unit. Most importantly, the environment of each dwelling unit should be private and free from visual, auditory and other intrusions.

      (1)   At least one private, lockable storage area must be provided for each dwelling unit when there is more than one dwelling unit on the same lot or building site.

      (2)   The storage area must be located either:

         (a)   Within a carport and protected from the elements;

         (b)   At some nearby, convenient location, located outside the dwellings;

         (c)   In a garage if the garage can be locked by the resident and the storage area does not encroach on the required 10 foot by 20 foot parking area.

      (3)   The storage area must meet the following standards:

         (a)   A minimum capacity of 90 cubic feet;

         (b)   No dimension of less than 30 inches;

         (c)   When built as an above-ground cabinet in a carport or garage, the cabinet must be high enough above the ground to maintain the required parking area and designed to prevent the collapse of the cabinet onto a vehicle.

(Ord. 1100, passed 7-6-04; Am. Ord. 1159, passed 6-19-06)

   (A)   These regulations apply to all properties zoned HR-PD. Separate standards for the HR-PD zone are established to ensure that residential development in hillside areas is designed and developed to respect and respond to environmental conditions unique to the property. This section establishes performance standards for the design of subdivisions in the HR-PD zone and for development of individual lots within subdivisions. The grading standards set forth in Chapters 16.96 through 16.98 (Grading and Erosion Control) of this Title 16 also apply to development in the HR-PD zone.

   (B)   All parcels recorded prior to May 1, 1978 and which are subsequently placed in the HR-PD zone are subject to the provisions of this section. However, one dwelling unit is permitted on any legal parcel established prior to May 1, 1978 which has a slope of 30% or greater.

(Ord. 1100, passed 7-6-04)

   (A)   Slope calculation. Density will be based upon the average slope percentage. For the purpose of determining the average slope percentage of a property in the HR- PD zone, the average slope of a parcel of land or any portion thereof must be calculated by applying the formula

         S = 0.00229 IL

              A

to the natural slope of the land before any grading. Such slope must be determined from a topographic map conforming to national mapping standards and having a scale of not less than 1 inch equals 200 feet and a contour interval of not less than five feet. The letters in the slope formula have the following meanings:

   S   = average slope percentage

   I   = contour interval, in feet

   L   = summation of length of contours, in feet

   A   = area in acres of parcel being considered.

   (B)   Density restrictions. The maximum permitted density on a lot will be based upon the average slope percentage and will be restricted as follows:

 

 

   (C)   Greater density permitted. Where the average slope percentage is less than 10%, the City Council may allow a maximum density of four units per gross acre for an entire subdivision or development project.

(Ord. 1100, passed 7-6-04)

   All primary dwellings in the HR-PD zones must conform to the following development standards:

 

(Ord. 1100, passed 7-6-04)

   All grading must conform to applicable requirements set forth in Chapters 16.96 through 16.98 (Grading and Erosion Control) of this Title 16.

(Ord. 1100, passed 7-6-04)

   All dwelling units and accessory structures must be designed and constructed to respect and reflect the hillside environment and the terrain existing on individual development sites. The following standards apply:

   (A)   The walls of the building on the down-slope side must not be more than 20 feet high, measured from the finished grade to the building eave line.

   (B)   Stepped foundations must be provided to allow a building to conform to the existing natural terrain.

Stepped Foundation

   (C)   Except for solar energy apparatuses, rooftop mechanical equipment is prohibited.

   (D)   Roof slope should be oriented in the same direction as the natural hill slope.

   (E)   The use of large roof overhangs and cantilevers is limited.

(Ord. 1100, passed 7-6-04)

   To reduce the risk of loss of life and property in the event of a fire in hillside environments, the following fire hazard mitigation standards apply to all development in the HR-PD zone:

   (A)   The placement of all buildings on a lot must be in such a manner that adequate clearance of flammable plant and landscape materials may be performed on the lot.

   (B)   The roofs and exteriors of buildings must be of fire retardant materials, as provided by the Building Code.

   (C)   All brush identified by the Fire Department as hazardous must be cleared. This includes all flammable vegetation and other combustible growth but does not apply to single specimen trees, ornamental shrubbery, and cultivated groundcover such as grass, ivy, succulents, or similar plants used as ground cover, provided such landscaping does not create a means to readily transmit fire.

   (D)   Notwithstanding the provisions of Chapter 16.232 (Tree Removal Permit) of this Title 16, that portion of any tree that extends within ten feet of the top of any chimney must be removed or trimmed.

   (E)   All combustible vegetative cover or other combustible growth within 100 feet of a building site must be removed prior to the construction of any building, as specified in the fire code.

   (F)   Grass and similar vegetation located more than 30 feet from a structure and less than 18 inches in height above the ground may be maintained where necessary to stabilize soil erosion.

(Ord. 1100, passed 7-6-04)

   (A)   All manufactured slopes, other than those constructed in stable bedrock, must be planted or otherwise protected from the effects of stormwater runoff erosion within 30 days of the creation of the slope. Planting must be designed to blend the slope with the surrounding terrain and development in terms of coverage, color, and type of plant material. An irrigation system must be provided and maintained to ensure proper maintenance of landscaped slopes.

   (B)   Manufactured slopes in stable bedrock must be provided with landscaped soil pockets, with the landscaping to consist of plant materials designed to blend the slope with the surrounding terrain and development in terms of coverage, color, and type of plant material. An irrigation system must be provided and maintained to ensure proper maintenance of landscaped slopes.

   (C)   Landscaping and irrigation plans for such slope planting must be submitted and approved by the Planning Director and City Engineer prior to the issuance of building permits. All such slopes must be planted and provided with irrigation systems prior to the issuance of occupancy permits.

(Ord. 1100, passed 7-6-04)

   Second dwelling units, also known as dependent housing or granny flats, require a Second Use Permit, obtained pursuant to the provisions of Chapter 16.227 of this Title 16.

(Ord. 1100, passed 7-6-04)

   Notwithstanding any other provision of this code, second units are allowed on residentially zoned lots in the city subject to the following standards:

   (A)   The second unit must be attached to or located within the living area of the existing unit or must be a detached unit located on the same lot.

   (B)   The second unit will not be for sale separately from the main residence and property.

   (C)   All construction must conform to the height, setback, lot coverage, parking, and other requirements for residential construction in the zone in which the second unit is located.

   (D)   No more than one second unit is permitted on a lot. No second unit is permitted on a property where a guest house exists.

   (F)   Either the primary unit or the second unit must be occupied by the property owner.

   (G)   Maximum size of second unit.

      (1)   On parcels of less than 6,000 square feet, the second unit must be an attached unit. The total floor area of an attached second unit must not exceed 30% of the floor area of the primary unit or 640 square feet, whichever is less, and must comply with the California Building Code for an efficiency dwelling unit.

      (2)   On parcels of 6,000 to 11,999 square feet in area, the second unit may be attached or detached. If attached, the size limit already described applies. The total area of floor area of a detached second unit must not exceed 640 square feet, exclusive of any garage area.

      (3)   On lots at least 12,000 square feet in area, the second unit may be attached as described earlier or detached. The total area of floor area of a detached second unit must not exceed 1,200 square feet, exclusive of any garage area.

   (H)   Second units are prohibited under this subchapter on multi-family zoned lots 6,000 square feet or larger in area because multiple units are allowed by multi-family zoning on lots that size.

   (I)   Parking on the property must conform to the multi-family parking standards, with the exception of the garage requirement for the existing single-family residence, which must conform to the single-family parking standard.

   (J)   The second dwelling unit must comply with all applicable building, health and safety, and other city codes and ordinances.

   (K)   All dwellings on the property must be connected to the public sewer system.

   (L)   The following design criteria must apply to second units:

      (1)   Any attached second unit must be attached to the primary unit by a common wall a minimum of six feet in width, and not simply attached by a breezeway or porch.

      (2)   The second unit must include a separate entrance, kitchen and bathroom.

      (3)   The design of the dwellings on the property must be coordinated; the scale, building form, height, exterior materials, color and landscaping of the two residences will be considered.

      (4)   Creation of a second unit must not create or increase a nonconforming use or structure.

      (5)   Second unit projects in the historic overlay zone or on landmark properties must comply with the provisions of the historic preservation ordinance. Projects which are deemed by the Historic Preservation Commission to not comply with the provisions of that ordinance may be denied.

(Ord. 1100, passed 7-6-04)

   (A)   Motorized vehicles or recreational equipment, either operable or inoperable, are not permitted to be parked within any front yard area. Vehicles parked behind the front yard area must be screened from the public right-of-way.

   (B)   No vehicle with a gross vehicular weight of 6,000 pounds or greater may be parked on any portion of a lot within a residential zone. This restriction will not apply to delivery, service, or similar vehicles providing temporary service.

(Ord. 1100, passed 7-6-04)

   (A)   Purpose and intent.

      (1)   These regulations for the keeping of animals are established to ensure protection of the health, safety, and general welfare of persons in residential neighborhoods.

      (2)   No animal may be kept in any manner that constitutes a health hazard or noise nuisance to the owner or to any neighbor.

   (B)   Dogs and cats. Up to three dogs and three cats may be kept per residence in any residential zone, provided the keeping of dogs does not constitute the establishment or maintenance of a commercial kennel as defined by this Title 16.

   (C)   Equine and bovine species. Horses, mules, cows and other equine species and bovine species are permitted only in the HR-PD and R-A zones, subject to the following regulations:

      (1)   One equine animal is permitted for each one-half acre of lot or building site.

      (2)   One bovine animal is permitted for each one acre of lot area.

      (3)   Any stable, barn, corral, or other animal enclosure must be located as follows:

         (a)   A minimum distance of 50 feet from any dwelling or other building used for human habitation;

         (b)   A minimum distance of 100 feet from the front lot line of the lot upon which it is located;

Setbacks for Animal Enclosure

         (c)   A minimum distance of 100 feet from any public park, school, hospital, or similar institution;

         (d)   A minimum distance of 20 feet from any interior side lot line or rear lot line; and

         (e)   A minimum distance of 75 feet from any side street, or the distance equal to one-half the width of the lot abutting the side street, whichever distance is lesser.

    (D)   Swine. The keeping of swine is permitted only in the R-A zone, subject to the following regulations:

      (1)   A minimum lot size of two acres is required for the keeping of swine.

      (2)   One swine is permitted for the first two acres of lot area, with one additional swine permitted for each additional acre. In no case, however, may the number of swine kept exceed ten.

      (3)   The minimum distance requirements for animal keeping areas set forth in subsection 16.13.100(C)(3) above must be adhered to.

   (E)   Poultry, rabbits, and other small animals.

      (1)   The keeping of poultry (excluding roosters, peacocks and peahens, geese, turkeys, guineas), rabbits, chinchillas, hamsters, reptiles, and other small animals, except foxes and exotic animals, is permitted in the HR-PD, R-A, R-1, and R-2 zones, subject to the following regulations.

         (a)    A minimum lot area of 6,000 square feet is required for the outdoor keeping of small animals.

         (b)   The total number of small animals permitted and restrictions on the number of specific types or species are as specified in Table 13-4.

 

      Abbreviation: sf = square feet

      * Excluding roosters, peacocks and peahens, geese, turkeys, guineas

         (c)   All such animals may be kept in a completely enclosed pen or cage. Any outdoor pen, cage, or other enclosure used for the keeping of small animals must be maintained a minimum distance of 25 feet from any dwelling or other building used for human habitation.

      (2)   The following small animals are permitted in the R-3 and R-4 zones: hamsters, rats, mice, similar small rodents, small birds, and small reptiles. The number of small animals permitted within a dwelling unit are limited to two of a single species and four total animals.

   (F)   Outdoor aviaries.

      (1)   Birds in outdoor aviaries are permitted per Table 13-1, provided the total number of birds

does not exceed one bird for each 1,500 square feet of lot area.

      (2)   Aviaries must be located in accordance with the minimum distance requirements for animal keeping areas set forth in subsection 16.13.210(E)(1)(c) above.

   (G)   Additional animals. Any request for the keeping of more animals than specified in this section will require a Conditional Use Permit application pursuant to the provisions of Chapter 16.218 of this Title 16.

   (H)   Commercial animal keeping. Any request for a commercial operation must be considered under a Conditional Use Permit application, and such application may be conditionally permitted only in the R-A zone.

(Ord. 1100, passed 7-6-04)

   In addition to the requirements contained in this chapter, any applicable requirements in the following chapters apply to development in residential zones:

Chapter 16.40: General Property Development Standards

Chapter 16.56: Standards for Specific Land Uses

Chapter 16.46: Off-Street Parking and Loading

Chapter 16.48: Signs

Chapter 16.80: Subdivisions

Chapter 16.112: Nonconforming Uses

Chapter 16.114: Nonconforming Structures

Chapter 16.116: Nonconforming Lots

Chapter 16.230: Home Occupations

(Ord. 1100, passed 7-6-04; Am. Ord. 1159, passed 6-19-06)

   This division sets forth specific development standards for mobile home parks and subdivisions in order to provide park residents with a safe, comfortable, healthy and pleasant living environment. All mobile home parks and subdivisions must be developed in accordance with the provisions of this Division 6. Also, mobile home subdivisions must meet applicable provisions of the State Subdivision Map Act, as applied through Chapter 16.80 (Subdivisions) of this Title 16.

(Ord. 1100, passed 7-6-04)

   The provisions of the Mobile Home Parks Act (Cal. Health & Safety Code, Division 13, Part 2.1) and the applicable regulations adopted by the California Department of Housing and Community Development, as each may be amended from time-to-time, are hereby adopted as a part of this division. The Building Official may be authorized to enforce all of the provisions of the Act pertaining to the construction, alteration, or modification of all manufactured dwelling units within mobile home parks. Construction only of all other structures may be subject to the review and approval of the Planning Department. It may be the duty of the Building Official to enforce all the provisions pertaining to permits for the operation, maintenance, use, occupancy, sanitation, and safety of all mobile home parks and subdivisions.

(Ord. 1100, passed 7-6-04)

   The following development standards apply to all mobile home parks within the City of Santa Paula.

   (A)   Minimum site area. A minimum site area of 10 acres, with a minimum street frontage of 250 feet, are required for all new mobile home parks and subdivisions.

   (B)   Drainage. All mobile home parks must be located on a graded site with no depressions in which surface water will accumulate. The ground must be sloped to provide storm drainage run-off by means of surface or subsurface drainage facilities that connect to public storm drain facilities.

   (C)   Roadways.

      (1)   Public roadways are required to conform to standards established by the City Engineer for local streets.

      (2)   Private roadways within a mobile home park must have a minimum width of 32 feet if car parking is permitted on one side of the roadway, and a minimum width of 40 feet if car parking is permitted on both sides of the roadway. Roadways designed for car parking on one side must have signs or markings prohibiting the parking of vehicles on the traffic flow side of the roadway.

      (3)   All roadways must have clear and unobstructed access to a public thoroughfare. A roadway may have security gates as may be permitted by other city regulations.

   (D)   Required common open space and recreation areas.

      (1)   A minimum area of 200 square feet for common recreation purposes is required for each mobile home space. Such space must be located to be convenient to all residents of the mobile home park.

      (2)   The required common usable open space must be arranged to provide at least 50% of the space in at least one area. The minimum dimensions of such space must be 25 feet by 25 feet. The remaining required common usable open space may be distributed throughout the Mobile Home Park and need not be in one such area; provided, however, no area containing less than 50 square feet may be considered common usable open space.

      (3)   All required common usable open space must be improved in a manner appropriate to its intended purposes, and all landscaping must comply with the requirements of § 16.13.060. Natural features of the site reasonably worthy of preservation, as determined by the Planning Director through the design review or other permit review procedure, may be retained in their natural state and need not be improved, but must be maintained. Natural areas may be improved with such items as irrigation lines and additional plant materials to assist in assuring the lasting retention of the natural feature being preserved.

      (4)   A minimum of 50% of the required common usable open space must be located on those portions of the lot or building site where the slope is no greater than 10%.

   (E)   Accessory buildings and uses. Accessory buildings and uses that serve the entire mobile home park, including recreation facilities, laundry areas, mobile home park offices, and maintenance or storage buildings, must be located at least 200 feet from the boundary of any mobile home space. All exterior maintenance or storage areas must be enclosed by a masonry wall of at least 6 feet in height.

   (F)   Perimeter screening. Perimeter screening of the mobile home park must be provided as required through permit approval.

   (G)   Landscaping. Landscaping must be provided on all areas not used for buildings, parking, roadway, pathways, or recreational facilities. Existing natural landscape features should be retained where possible and integrated into the landscape plan. The landscaping is considered actual planting areas of lawn, trees, planter boxes, shrubs, groundcover, or other decorative material as approved by the Planning Director. Fountains, ponds, sculpture, and decorative screen walls as an integral part of the landscaping scheme are permitted.

   (H)   Pedestrian walkways. A connected pedestrian walkway system must be provided within the mobile home park providing access to the units, recreation areas, and open space. The walks must be a minimum of four feet in width and constructed of concrete or a similar durable material.

(Ord. 1100, passed 7-6-04)

   The following development standards apply to all mobile home sites and lots within a mobile home park located in the City of Santa Paula.

   (A)   Occupancy. Each mobile home site or lot must accommodate only one mobile home, recreational vehicle, or commercial coach.

   (B)   Drainage. The area beneath each mobile home must be sloped to provide for drainage from beneath the mobile home to an outside surface drainage facility.

   (C)   Lot/space area and dimensions. Each mobile home site or lot must contain a minimum area of 3,500 square feet for exclusive use by the occupants of the site or lot. For mobile home subdivisions, each individual lot must conform to the minimum requirements established for the zone in which the subdivision is located. Each site or lot must have a minimum width of 45 feet and a minimum depth of 65 feet.

   (D)   Accessory structures.

      (1)   Accessory buildings and structures located on a mobile home site or lot may extend into the required separations cited in subsection D above, provided that a minimum separation of six feet is maintained between the edge of the projection and an adjacent mobile home, building, accessory structure, or projection.

      (2)   Accessory buildings and structures must be set back a minimum distance of three feet from any mobile home lot line. However, carports, awnings, fences, windbreaks, and stairways may be installed to the lot line.

   (E)   Site or lot coverage. The area of a mobile home or lot site covered by the mobile home and all accessory buildings and structures must not exceed 75% of the site or lot area.

   (F)   Required landscaping. A minimum of 20% of each mobile home site or lot must be landscaped with plant materials, including at least one tree on each space.

   (G)   Lot access. Each mobile home site or lot must have direct access to an abutting roadway that provides circulation throughout the mobile home park or subdivision.

(Ord. 1100, passed 7-6-04)

   In addition to the requirements contained in this division, the following additional requirements contained in this Title 16 apply to mobile home parks and subdivisions:

Chapter 16.40: General Property Development Standards

Chapter 16.46: Off-Street Parking and Loading

Chapter 16.48: Signs

Chapter 16.54 - 16.76: Standards for Specific Land Uses

Chapter 16.112: Nonconforming Uses

Chapter 16.114: Nonconforming Structures

Chapter 16.116: Nonconforming Lots

Chapter 16.230: Home Occupations

Chapter 16.80: Subdivisions

(Ord. 1100, passed 7-6-04; Am. Ord. 1159, passed 6-19-06)

   (A)   Allow higher density for residential projects when developers guarantee that a portion of their housing development will be affordable to households of very low, low or moderate income and seniors;

   (B)   Allow higher density for residential projects when developers donate land to develop dwelling units for very low, low or moderate-income households;

   (C)   Ensure affordable units are constructed and located to appear similar to market-rate units;

   (D)   Allow higher density, incentives, or concessions for residential projects where developers provide child care facilities; and

   (E)   Allow certain concessions when needed to offset the costs of developing affordable housing for very low, low and moderate-income households.

(Ord. 1173, passed 7-2-07)

   Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Division. Words and phrases not defined by this Division have the meaning set forth elsewhere in this Development Code, the Cal. Health & Safety Code, or Cal. Gov't Code.

   SENIOR OR SENIOR CITIZEN - Means a person 62 years of age or older or 55 years of age or older in a senior citizen housing development of at least 35 dwelling units, or a qualified permanent resident as defined in Cal. Civil Code §§ 51.2 and 51.3. All qualifying senior projects must have significant facilities and services for seniors as defined in 42 USC 3607(b)(2).

(Ord. 1173, passed 7-2-07; Am. Ord. 1244, passed 10-15-12)

   Nothing in this Division constitutes a waiver of any discretionary or ministerial approval required by this Development Code.

(Ord. 1173, passed 7-2-07)

   Applicants who request a density bonus and agree to construct a residential project of five or more dwelling units may be granted a density bonus. All density bonuses referred to in this section are a specified percentage over the maximum density permitted in the underlying zone district.

   (A)   A density bonus of 20% will be granted to projects in which one or more of the following is included:

      (1)   At least 5% of the total dwelling units of a housing development are restricted to very low income households. An additional 2.5% density bonus will be granted for each additional 1% increase of very low income restricted dwelling units above 5%, to a maximum density bonus of 35%, as illustrated in Table 1, Application of Density Bonus;

      (2)   At least 10% of the total dwelling units of a housing development are restricted to low income households. An additional 1.5% density bonus will be granted for each additional 1.5% of low income restricted dwelling units above 10%, to a maximum density bonus of 35%, as illustrated in Table 1, Application of Density Bonus;

      (3)   Senior citizen housing developments of 35 or more units in which 100% of the units are provided to qualifying residents; or

      (4)   At least 10% of the total dwelling units of a common interest development are restricted to moderate income households, provided that all units in the development are offered to the public for purchase.

   (B)   A density bonus of 5% will be granted to a condominium project or a planned unit development, that provides at least 10% of the total number of units to households of moderate income. An additional 1% density bonus will be granted for each additional 1% of moderate income restricted dwelling units above 10%, up to a maximum of 35%, as illustrated in Table 1, Application of Density Bonus.

 

   (C)   A density bonus of 15% will be granted to applicants that donate sufficient real property to restrict at least 10% of the units for very low-income households. A density bonus will increase by 1% for every additional 1% of very low income restricted dwelling units above 10%, up to a maximum of 35%. All of the following conditions must be met to allow this density bonus:

      (1)   Real property must be conveyed in fee simple to the city or a person who is qualified to construct affordable housing approved and designated by the city.

      (2)   Real property must measure a minimum of one acre in size or be able to accommodate 40 units per acre.

      (3)   Transferred real property must be appropriately designated by the General Plan for high density residential development before final project approval.

      (4)   Transferred real property must be zoned for high density residential use before final project approval.

      (5)   Transferred real property must be adequately served by infrastructure before final project approval.

(Ord. 1173, passed 7-2-07; Am. Ord. 1244, passed 10-15-12)

   All units that are constructed for very low, low or moderate income households must meet the following minimum standards:

(Ord. 1173, passed 7-2-07)

   Affordable units must generally be reserved for occupancy by very low or low income households for at least 30 years after the city issues certificates of occupancy. Affordable units offered for sale to moderate income households in condominiums or planned developments must generally be reserved for occupancy for at least ten years after the city issues certificates of occupancy. Such reservations must be accomplished by a recorded deed restriction or other long-term legal mechanism in a form approved by the City Attorney.

(Ord. 1173, passed 7-2-07)

   Persons conditionally granted an affordable housing density bonus, development concession, or reduction in parking standards must enter into an agreement with the city in a form approved by the City Attorney. The agreement must, at a minimum, include the following:

   (A)   The total number of units that will be constructed and the number of units that will be made affordable to very low, low or moderate-income households must be clearly stated;

   (B)   The affordable units must be reserved for very low and low income households;

   (C)   Resale controls must be included as a deed restriction consistent with this subsection;

   (D)   If reduced parking standards were approved for the project, the number of bedrooms of each unit must be identified;

   (E)   Applicant must provide written evidence to the city that initial occupants of all affordable units meet the necessary income qualifications. The property owner must provide an annual report to the city certifying tenants of qualifying rental units meet the income and rent limit requirements;

   (F)   Every purchaser of moderate-income owner-occupied units must certify the unit will be the purchaser’s primary place of residence, and every renter of low or very low income units must certify the unit will be occupied by the household renting the unit;

   (G)   Applicant must provide written evidence to the city that initial owner occupants of moderate income units meet the necessary income qualifications. Subsequent sale of moderate income units must be limited to moderate income households, as approved by the city. In addition, sale proceeds of moderate income units sold after the first ten years of occupancy by moderate income household(s) must be distributed as follows:

      (1)   Initial owner is entitled to receive the value of the down payment, documented improvements to the property and a proportional share of the unit’s appreciation, in accordance with the formula in Cal. Gov’t Code § 65915.

      (2)   The city must receive its proportional share of appreciation of the unit in addition to the amount of the original subsidy. The city must use the proceeds within three years to promote affordable, owner-occupied housing.

(Ord. 1173, passed 7-2-07; Am. Ord. 1244, passed 10-15-12)

   (A)   The city will grant either of the following to projects that include a proposal for a child care facility located on the premises of the project:

      (1)   A density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or

      (2)   An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. The applicant must provide substantial evidence that any such concession is needed for the economic feasibility of the child care facility.

   (B)   In order to receive the additional child care density bonus, the project must comply with the following requirements:

      (1)   The child care facility must remain in operation for a period of time that is as long or longer than the period of time during which the density bonus units are required to remain affordable; and

      (2)   Of the children who attend the child care facility, the percentage of children of very low income, low income, and moderate income households must be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very low income, low income, and moderate income households.

   (C)   Notwithstanding any requirement in this section, the city is not required to provide a density bonus or concession for a child care facility if it finds, based on substantial evidence, that the community has adequate existing child care facilities.

(Ord. 1173, passed 7-2-07)

   (A)   An applicant for a density bonus may submit a proposal for specific incentives or concessions. The city must allow the concessions or incentives requested by the applicant unless the city finds, based upon substantial evidence, any of the following:

      (1)   The concession or incentive is not required to ensure housing costs meet affordability standards, as defined in Cal. Health & Safety Code § 50052.5, or to ensure rents in affordable units meet the requirements of this Division.

      (2)   The concession or incentive would have a specific adverse impact, as defined in Cal. Gov’t Code § 65589.5(d)(2), upon the public health and safety, or physical environment, or any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, low, and moderate-income households.

      (3)   The concession or incentive would be contrary to state or federal law.

   (B)   The number of city zoning or development standards that can be waived or modified must be consistent with the following table, Table 2, Affordable Housing Development Concessions:

 

 

   (C)   The applicant must provide substantial evidence that any such concession is needed to sufficiently reduce the cost of the housing development.

(Ord. 1173, passed 7-2-07; Am. Ord. 1244, passed 10-15-12)

   If a project qualifies for a density bonus, an applicant may request reduced parking standards for the entire project site. Reduced parking standards may be requested and will be approved even if a density bonus is not being requested. Reduced parking requirements must include guest and handicapped parking, may be provided as tandem spaces, and may be uncovered, provided the spaces are located on-site. Reduced parking standards will be as follows:

   (A)   One on-site parking space per unit for units with one bedroom or less.

   (B)   One and one-half on-site parking spaces per unit for units with two bedrooms.

   (C)   Two on-site parking spaces per unit for units with three or more bedrooms.

(Ord. 1173, passed 7-2-07)

   Applicant may request waiver of any additional development standards if the applicant provides substantial evidence that such waivers are necessary to make the project economically feasible and do not have unmitigatable impacts.

(Ord. 1173, passed 7-2-07)

   The inclusionary housing requirements set forth in this Title continues to apply to all development projects, whether or not a density bonus is requested or granted. Units constructed pursuant to the inclusionary housing requirements cannot be used to seek concessions as part of the density bonus ordinance. The units requested under the density bonus ordinance are in addition to any units required under the inclusionary housing ordinance.

(Ord. 1173, passed 7-2-07)

   Any developer converting existing rental apartments of five units or more to condominiums who seeks a density bonus, must make such application in conjunction with its tentative map application pursuant to the Subdivision Map Act, this Development Code, and consistent with Cal. Gov't Code § 65915.5. Any appeal or any concession or incentive or review by the Planning Commission or City Council, automatically requires an appeal of the underlying map to that body.

(Ord. 1173, passed 7-2-07)

   (A)   This chapter is adopted pursuant to the city's police powers, as set forth in the California Constitution, and the city's Housing Element, as set forth in the Santa Paula General Plan, for the purpose of increasing affordable housing within the city's jurisdiction for very low and low income households.

   (B)   This chapter is also intended to further the economic integration and geographic balance of affordable housing in the city's developing areas.

   (C)   This chapter is intended to establish standards and procedures that will require developers to construct affordable housing for in projects.

   (D)   In addition, this chapter is adopted to implement the Act's requirements regarding affordable housing as set forth in the Plan and Cal. Health & Safety Code § 33413. In doing so, the City Council intends to implement the Act; codify existing practices; contribute to the city's need for affordable housing; meet the city's RHNA allocations; and ensure longterm affordability of dwelling units. Nothing in this chapter is intended to, nor will it, conflict or supersede with the Act. Rather, the provisions in this chapter affecting plan area development are intended to supplement and implement the Act.

(Ord. 1142, passed 11-7-05)

   Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter:

   MODERATE INCOME HOUSEHOLD means a household with an income not exceeding qualifying limits set for "persons and families of low or moderate income" in Cal. Health & Safety Code § 50093, and any successor statute or regulation;

(Ord. 1142, passed 11-7-05)

   (A)   Except as otherwise provided, developers must provide one of the following as a condition for project approval:

      (1)   Reserve at least 15% of all dwelling units in a project for low-income households;

      (2)   Reserve at least 10% of all dwelling units in a project for very low-income households;

      (3)   Construct off-site inclusionary housing for low-income households equivalent to 17% of all dwelling units in a project;

      (4)   Construct off-site inclusionary housing for very low-income households equivalent to 12% of all dwelling units in a project; or

      (5)   Pay an in-lieu fee as established by City Council resolution.

   (B)   This section does not apply to plan area projects. For projects located both inside and outside the plan area, this section applies only to dwelling units located outside the plan area.

(Ord. 1142, passed 11-7-05; Am. Ord. 1187, passed 3-3-08)

   (A)   For all new plan area projects, at least 15% of the total units must be inclusionary housing units restricted for occupancy by moderate, low, or very low-income households.

   (B)   The number and type of inclusionary housing units required for a particular plan area project will be determined at the time of granting GMAs.

   (C)   At least 40% of the required inclusionary housing units within the plan area project must be restricted to very low-income households. The remaining 60% may be restricted to moderate or low- income households.

   (D)   Developers cannot pay an in-lieu fee to satisfy the requirements of this chapter for a plan area project.

   (E)   For plan area projects, should any requirement of the Act conflict with the requirements of this chapter, the Act's requirements will control.

(Ord. 1142, passed 11-7-05; Am. Ord. 1187, passed 3-3-08)

   This chapter does not apply to:

   (A)   The reconstruction of any structures destroyed by acts of nature such as fire, flood, or earthquake where reconstruction does not increase the number of residential dwelling units by ten or more for projects or seven or more for plan area projects;

   (B)   Residential building additions, repairs, or remodels if such work does not increase the number of existing dwelling units to ten or more for projects or seven or more for plan area projects; or

   (C)   Except as otherwise provided for plan area projects, any project for which a density bonus was granted pursuant to Cal. Gov't Code § 65915.

(Ord. 1142, passed 11-7-05)

   Except as otherwise provided for plan area projects, the actual number of inclusionary housing units that a developer must construct in accordance with this chapter is calculated as follows:

   (A)   The percentage of inclusionary housing units required by this chapter will be applied to the total number of dwelling units proposed for a project;

   (B)   At the developer's option, any remainder resulting from the calculation in this section may be converted into an in-lieu fee or rounded up to the nearest whole number;

   (C)   For example, and without limitation, if a project has a total of 11 dwelling units and the developer opts to construct inclusionary housing units for very low-income households, then the developer would be required to construct 1.1 inclusionary housing units (10% multiplied by 11 dwelling units). Because of the remainder, the developer could either construct an additional inclusionary housing unit or convert the remainder into an in-lieu fee payable to the city as provided in this chapter.

(Ord. 1142, passed 11-7-05)

   (A)   When calculating the number of required inclusionary units for plan area projects, any additional units authorized as a density bonus pursuant to this code will not be counted in determining the required number of inclusionary units.

   (B)   In general, any decimal fraction resulting from a calculation greater than 0.5 will be rounded up to the nearest whole number and decimal fractions less than 0.5 will be rounded down to the nearest whole number.

   (C)   For very low-income household inclusionary units, any decimal fraction of one-tenth (0.1) or greater will be rounded up to the nearest whole number.

(Ord. 1142, passed 11-7-05)

   (A)   To meet the requirements of this chapter, a developer may obtain Planning Commission approval for an affordable housing plan. Except as otherwise provided for plan area projects, an affordable housing plan may include a combination of on-site and off-site inclusionary housing units; in-lieu fees; or other proposal designed to provide new affordable housing.

   (B)   For plan area projects, an affordable housing plan may include a combination of on-site and off-site inclusionary housing units; or other proposal designed to provide new affordable housing in accordance with the Act. Housing plans proposing off-site inclusionary housing units must provide at least two off-site inclusionary housing for every one required on-site inclusionary housing unit in accordance with Cal. Health & Safety Code § 33413 of the Act.

   (C)   The Planning Commission may approve an affordable housing plan upon making the following findings:

      (1)   The affordable housing plan meets or exceeds the city's objectives for affordable housing whether set forth in this chapter, this code, the Santa Paula General Plan, or other City Council actions;

      (2)   That it is impracticable for a project to strictly comply with the percentages set forth above for inclusionary housing units because of the size, location, financing, or other restrictions on the project; and

      (3)   That approving the affordable housing plan would be consistent with the purpose of this chapter.

(Ord. 1142, passed 11-7-05)

   (A)   Inclusionary housing units must be reserved for very low, low, or (if within the plan area) moderate-income households and be provided at affordable housing costs. The maximum allowable affordable rents and affordable housing cost for inclusionary housing units will be adopted annually by City Council resolution. Such prices must be based on the number of bedrooms and made with reference to the income limits for Ventura County as determined by HUD.

   (B)   For inclusionary housing units available for rent, affordable housing costs must not exceed 30% of 50% of area median income for Ventura County adjusted by family size appropriate for the dwelling unit.

   (C)   For inclusionary housing units available for sale, affordable housing costs must not exceed 30% of 80% of the area median income adjusted for family size appropriate for the unit.

   (D)   For inclusionary housing units provided in the project area available for rent, affordable housing costs must not exceed 30% of 110% of the area median income for Ventura County adjusted by family size appropriate for the unit.

   (E)   For inclusionary housing units provided in the project area available for sale, affordable housing costs must not exceed 35% of 110% of the area median income for Ventura County adjusted by family size appropriate for the unit.

   (F)   Affordable housing costs will be based upon the income limits for Ventura County as determined by the California Department of Housing and Community Development per Cal. Health & Safety Code §§ 50053 and 50052.5.

   (G)   Except as otherwise provided for plan area projects, all inclusionary housing units must generally be reserved for occupancy by very low, low, or (if within the plan area) moderate-income households between 45 and 55 years but in no event less than 30 years after the city issues certificates of occupancy. Such reservation must be accomplished by a recorded deed restriction or other long-term legal mechanism in a form approved by the City Attorney.

   (H)   Except as otherwise required, inclusionary housing units must be constructed concurrently with, or before, construction of market rate units. Certificates of occupancy issued for inclusionary housing units within any clearly defined construction phase must be obtained before the same percentage of market rate units are complete and certificates of occupancy are issued. Such certificates of occupancy will not be issued for the last percentages of market rate units until all the required inclusionary units are fully complete and certified for occupancy.

   (I)   All inclusionary units built on the project site must be reasonably distributed throughout the project as approved by the Planning Commission, must be constructed of similar materials and both interior and exterior must be finished at a comparable quality as the market rate units.

(Ord. 1142, passed 11-7-05)

   Upon application by a developer and for good cause shown, the Planning Director may, but is not required to, allow a developer to delay construction of inclusionary housing units. Any such approval is conditioned upon the developer providing sufficient security, in a form approved by the City Attorney, to insure performance under this chapter. Without limitation, good cause may include funding restrictions for projects involving nonprofit corporations or use of public agency monies.

(Ord. 1142, passed 11-7-05)

   (A)   Except for plan area projects, developers may pay a fee instead of providing on-site or off-site inclusionary housing units as set forth in this chapter. In-lieu fees will be based upon the methodology for calculating the in-lieu fee on a project-by-project basis as determined by City Council resolution.

   (B)   The City Manager, or designee, must create and administer an Affordable Housing Trust Fund. The City Council must use the Fund exclusively to provide for affordable housing and for reasonable costs associated with the development of affordable housing. In-lieu fees collected pursuant to this chapter must be deposited into the Affordable Housing Trust Fund.

   (C)   Any fee required pursuant to this chapter must be paid in full before the city issues a certificate of occupancy for any dwelling unit in the project.

(Ord. 1142, passed 11-7-05)

   (A)   Except in the plan area, only very low and low-income households are eligible to occupy inclusionary housing units. In the plan area, moderate- income households are also eligible to occupy inclusionary housing units in conformance with this chapter. The Director is authorized to establish administrative policies and procedures to determine income eligibility, minimum and maximum occupancy standards and other eligibility criteria in accordance with this chapter.

   (B)   Public officials are ineligible to occupy any inclusionary housing unit during the term of applicable rental or sales price limits.

(Ord. 1142, passed 11-7-05)

   (A)   For owner-occupied inclusionary housing units, title may transfer because of changes in circumstance, including, without limitation, death, marriage, and divorce. Except as otherwise provided, if such a changed circumstance results in a title transfer which causes a household to become ineligible for an inclusionary housing unit, then the inclusionary housing unit must be sold to an eligible household within 180 days after title transfer occurs.

   (B)   Upon the death of one owner, title in the property may transfer to the surviving joint tenant without respect to the income-eligibility of the household.

   (C)   If, following the death of all owners of an inclusionary housing unit, title transfers to the child or children of such owners, the inclusionary housing unit must be sold to an eligible household within one year after title transfer occurs if the child or children are ineligible to own the inclusionary housing unit as determined by this chapter.

   (D) Inheritance of an inclusionary unit by any other person whose household is not income-eligible shall require resale of the unit to an income-eligible household as soon as is feasible but not more than 180 days from when the estate is settled.

(Ord. 1142, passed 11-7-05)

   (A)   A written agreement must be executed between the developer and city that specifies the number, type, and location of all inclusionary housing units; the formula for determining rental rates or sales prices of all inclusionary housing units; the method of providing proof of eligibility as a very low, low, or (if within the plan area) moderate-income household, and such additional information as may be required by the city to determine the developer's compliance with this chapter.

   (B)   For projects, such an agreement must specify that the required inclusionary housing units must be reserved for, and rented or sold to, very low and low-income households. Further, the term of such an agreement must generally be between 45 and 55 years, but in no event less than 30 years.

   (C)   For plan area projects, such an agreement must specify that the required units must be reserved for, and rented or sold to, very low, low, and moderate- income households. Further, the term of such agreements must be at least 55 years for rental dwelling units and 45 years for owner occupied dwelling units.

   (D)   The agreement must be in a form approved by the City Attorney, and, upon execution of the agreement, it must be recorded with the Ventura County Recorder's office.

   (E)   A new deed restriction must be executed and recorded upon each change of ownership to maintain the restrictions on inclusionary units before the term for such restrictions expires.

   (F)   A certificate of occupancy may not be issued for a project subject to the provisions of this section until after the agreement required by this section is executed.

(Ord. 1142, passed 11-7-05)

   A pro-rata refund of the following fees for each of the inclusionary units in the residential development will be granted to an applicant upon the affordable housing agreement being recorded:

   (A)   Design review fee; and

   (B)   Growth management allocation process fee.

(Ord. 1142, passed 11-7-05)

   Rental units must be offered to eligible households at an affordable rent. The owner of rental inclusionary units must certify each tenant household's income to the city or designee at the time of initial rental and annually thereafter. The owner must obtain and review documents that demonstrate the prospective renter's total income, such as income tax returns or W-2s for the previous calendar year, and submit such information on a form approved by the city.

(Ord. 1142, passed 11-7-05)

   A residential development subject to this chapter must include, as part of its GMA application, the number and type of inclusionary units required by this chapter. The approval of GMAs will specify the number and type of inclusionary units required by this chapter and further condition the GMAs by requiring deed restrictions as set forth in this chapter.

(Ord. 1142, passed 11-7-05)

   (A)   The requirements of this chapter may be modified or waived if the applicant demonstrates to the Director that application of this chapter would constitute a taking of property in violation of the United States or California Constitutions.

   (B)   An application for a waiver or modification must be made concurrently with GMA application.

   (C)   When determining whether to modify or waive the requirements of this chapter, the Director may assume each of the following when applicable:

      (1)   The applicant is subject to this chapter;

      (2)   The extent to which the applicant will benefit from incentives offered by this code;

      (3)   The applicant is obligated to provide the most economical inclusionary housing units feasible in terms of construction, design, location and tenure; and

      (4)   The applicant is likely to obtain other housing subsidies where such funds are reasonably available.

   (D)   The Director's decision is the city's final decision. An applicant may appeal the decision to a court of competent jurisdiction within 90 days after the decision in accordance with Cal. Civ. Pro. Code §1094.6.

(Ord. 1142, passed 11-7-05)

   (A)   In addition to the general remedies provided by this code and other applicable law, the Director and City Attorney are authorized to take any appropriate enforcement action to ensure compliance with this chapter, including, without limitation:

      (1)   Actions to revoke, deny or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval.

      (2)   Actions to recover civil fines, restitution to prevent unjust enrichment from a violation of this chapter, and/or enforcement costs, including attorneys fees.

      (3)   Eviction or foreclosure.

      (4)   Any other appropriate action for injunctive relief or damages.

   (B)   Failure of any public official, employee, or agent to fulfill the requirements of this chapter does not excuse any person, owner, household, or other party from complying with the requirements of this chapter.

(Ord. 1142, passed 11-7-05)

   This chapter is adopted in accordance with the city’s police powers and as required by the Fair Housing Law. It is intended to provide equal access to residential housing throughout the city’s jurisdiction regardless of an individual’s physical or mental abilities.

(Ord. 1249, passed 5-6-13)

   Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meanings stated in the Fair Housing Law and any successor statutes or regulations.

(Ord. 1249, passed 5-6-13)

   The city must post notice in the same manner as it posts meeting agendas advising disabled persons regarding the reasonable accommodation that may be provided in accordance with this chapter.

(Ord. 1249, passed 5-6-13)

   (A)   A disabled person or disabled person’s representative may request reasonable accommodation pursuant to this chapter.

   (B)   The Director, or designee, must provide reasonable assistance to disabled persons, or their representatives, to seek reasonable accommodation. Such assistance must occur during any part of a request including, without limitation, the initial application and any appeal.

   (C)   A request for reasonable accommodation must be filed on a form provided by the Director. The application must include the following:

      (1)   Evidence of the property owner’s consent, usually in the form of the owner’s signature on the application;

      (2)   A description of how the property will be used by the disabled individual(s), e.g., for residential habitation, and the specific reason that reasonable accommodation is desirable;

      (3)   Evidence of the applicant’s disability as reasonably determined by the Director including, without limitation, an individual’s medical record; correspondence from a currently licensed healthcare professional; or documentation from the California Department of Motor Vehicles demonstrating that the individual qualifies for disabled parking;

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

   (D)   The city cannot require a fee for filing an original application. However, the city may establish a fee for appealing decisions pursuant to City Council resolution.

(Ord. 1249, passed 5-6-13)

   (A)   Unless the Director determinates otherwise, approving a reasonable accommodation is an administrative determination by the Director without the need for a public hearing.

   (B)   Upon accepting a reasonable accommodation request application as complete, the Director must review the application for conformance with the provisions of this Title 16. Based on this review, the Director must act to approve, conditionally approve, or deny the application.

   (C)   Within 30 days of receiving a completed application, the Director must issue a statement of decisions and findings. The statement must recite, among other things, the facts and reasons for granting or denying the application.

(Ord. 1249, passed 5-6-13)

   The Director may take one of the following actions:

   (D)   Withdrawal. With the concurrence of or at the request of the applicant, any a permit application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application is null and void and the property must have the same status as if no application had been filed.

(Ord. 1249, passed 5-6-13)

   The following findings must be made in order to approve a request for reasonable accommodation:

   (A)   The parcel and/or housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Housing Laws.

   (B)   The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws.

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

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

(Ord. 1249, passed 5-6-13)

   A reasonable accommodation granted under this chapter is subject to the following general conditions:

   (A)   The reasonable accommodation applies only to the specific disabled person;

   (B)   Changes in use or circumstances that negates the basis for the reasonable accommodation renders it void;

   (C)   Except as otherwise specifically accommodated pursuant to this chapter, the approved reasonable accommodation is subject to all uniform building codes as adopted by this code.

(Ord. 1249, passed 5-6-13)

   In addition to the general conditions, the Director may impose the following conditions:

   (A)   Reasonable accommodations affecting an exterior physical improvement must be designed to be substantially similar to the architectural character, colors, and texture of materials of its surrounding dwelling units; and

   (B)   Such additional conditions that the Director in good faith believes are required to reconcile the approved reasonable accommodation with other requirements of this code while still implementing the purpose of this chapter.

(Ord. 1249, passed 5-6-13)

   A reasonable accommodation request may be appealed or revoked pursuant to Chapter 16.206 of this code. Disabled persons may request reasonable accommodation in the procedure by which an appeal will be conducted including, without limitation, extension of time periods in order to accommodate the individual’s disability.

(Ord. 1249, passed 5-6-13)

   Establishment, maintenance and operation of the use or uses proposed by the application must comply with the information and specifications shown in the Director’s approval.

(Ord. 1249, passed 5-6-13)

   The determination on each application, including any required findings and any other reasons that serve to explain the determination, and all conditions of approval, must be in writing. A copy of the written determination must forwarded to the applicant following the date of final determination and is made available, at cost, to any person desiring a copy of such determination.

(Ord. 1249, passed 5-6-13)

   The determination of the Director is effective 15 days after the date the decision is made and after all appeals, if any, are resolved.

(Ord. 1249, passed 5-6-13)

   A reasonable accommodation approved in accordance with this chapter does not require any separate permit. However, as provided in this section, a reasonable accommodation does not run with the land; it constitutes a permit issued to a specific disabled person and may be revoked or rendered void in accordance with this section.

(Ord. 1249, passed 5-6-13)