Chapter 17.91
RESIDENTIAL USES

17.91.010 Guest House as an Accessory Use

A.    Purpose and intent

It is the purpose of these regulations to establish specific standards for guest houses. The intent is to preserve the integrity of the existing residential areas by preventing negative health, safety, aesthetic, and traffic impacts, while allowing residents the opportunity to establish guest homes on properties that can accommodate this use.

B.    Development standards

Where permitted by the zone, a guest house shall be permitted subject to the following standards:

1.    Limited use. A guest house shall be used only by the occupants of the principal dwelling, their nonpaying guests or domestic employees. The guest house shall not be rented and a deed restriction specifying this requirement shall be recorded by the property owner prior to occupancy of the structure.

2.    Property requirements. A guest house may be permitted only on properties in A-1 and R-1 zones which contain an existing owner-occupied single family detached dwelling unit. Only one guest house may be permitted per lot of record.

3.    Minimum lot size. Guest houses may only be constructed on legal parcels which are 20,000 square feet in size or larger.

4.    Location. Guest houses shall be located in the rear yard area and shall not extend into the required front or side yards.

5.    Yards. Guest houses shall conform to all setback standards of the Zoning Ordinance.

6.    Lot coverage. The maximum lot coverage provisions of the zone shall apply.

7.    Floor area. The floor area of a guest house shall not exceed 500 square feet. The minimum permitted size of a guest house shall conform to the requirements of the Uniform Building Code and Uniform Housing Code. The minimum unit size for residential zones shall not apply to the guest house.

8.    Living facilities. There shall be no kitchen, cooking or wet bar facilities within a guest house.

9.    Construction standards. All construction shall meet the Minimum Construction Standards For Single Family Residences as contained in PMC 17.41.090(G).

10.    Design and materials. Guest house shall be designed and constructed with materials that are comparable to and compatible with the primary residence and other residences in the vicinity.

11.    Driveway access. The driveway serving the primary dwelling unit shall also serve the guest house.

12.    Pedestrian access. Each guest house shall be provided with a separate outside entrance, not visible from the street, with adequate pedestrian access from a public street to the entrance.

13.    Parking. A minimum of one (1) parking space, in a permitted location, shall be provided on the same lot as the guest house, in addition to the required parking spaces serving the primary unit.

14.    Non-conforming properties. Any conditions pertaining to parking, building code and property development standards of the zone that are non-conforming for the primary use shall be corrected, to the extent feasible, prior to the commencement of construction.

C.    Review process

Guest houses shall be subject to administrative approval by the Planning Director pursuant to PMC 17.26.030, Zoning Clearance Review.

17.91.020 Cottage Food Operation Permit

(Zoning Ordinance Amendment 13-002, adopted by City Council May 1, 2013.)

A.    Purpose and Intent

The purpose of the Cottage Food Operation Permit provisions is to permit the establishment and operation of cottage food operations within the home, pursuant to Section 113758 of the California Health and Safety Code, while minimizing any impacts of such businesses on adjacent properties or the general neighborhood.

B.    Review Process

Cottage Food Operations shall require Minor Site Plan Review approval in accordance with the procedures and requirements of PMC 17.26.110.

C.    Mandatory Conditions of Approval

Cottage Food Operations may be permitted on property used for residential purposes pursuant to PMC 17.26.110 and provided that the use if operated pursuant to the following conditions of operation:

1.    The operator of a Cottage Food Operation must reside within the residential unit in which the facility is operated. The Cottage Food Operation Permit shall not be transferable to another operator or transferable to another site.

2.    Each Cottage Food Operation shall conform to all State and County laws, regulations and requirements.

3.    Within thirty (30) days of receipt of a Minor Site Plan Review permit for a Cottage Food Operation, the operator of such facility shall present proof of receipt of a Permit for same from the County of Los Angeles, Environmental Health Services, Department of Public Health.

4.    That the Cottage Food Operation shall be clearly incidental to the use of the structure as a dwelling.

5.    No physical conversions or alterations to the residential nature and character of the residential unit where a Cottage Food Operation is being conducted shall be allowed in conjunction with the Cottage Food Operation.

6.    No Cottage Food Operation shall be located along any dead end street or cul-de-sac on which a day care facility is currently operating. The boundary of a parcel or lot containing a cottage food operation in any structure shall be separated from the boundary of any other parcel or lot containing a cottage food operation by not less than three hundred (300) feet.

7.    A Cottage Food Operation shall be conducted only within an enclosed living area of the dwelling unit and shall not occupy more than 25 percent of the gross floor area of the dwelling. A Cottage Food Operation Permit shall not utilize any outdoor area, any accessory structure, or any garage or carport utilized to satisfy the off-street parking requirements.

8.    No greater than one cottage food employee, as defined by California Health and Safety Code Section 113758(b)(1), and not including a family member or household member of the cottage food operator, shall be permitted on the premises of the cottage food operation.

9.    If direct sales are proposed at the site of the cottage food operation, no third parties or customers shall be permitted to dine at the Cottage Food Operation.

10.    No outdoor sales shall be allowed at the site of the cottage food operation.

11.    No Cottage Food Operation shall sell, or offer for sale, from the residence food items prepared from that residence between the hours of 6:00 p.m. and 9:00 a.m.

12.    Commercial delivery of items used in a Cottage Food Operation shall be prohibited between the hours of 6:00 p.m. and 8:00 a.m.

13.    Cottage food operations shall not create noise levels in excess of those allowed in residential areas in the Noise Element of the General Plan.

14.    There shall be no storage of equipment, inventory, or supplies in an attached garage, an accessory structure, or outside of the dwelling (including inside of a storage building that is not a “structure”;

15.    Parking Requirements. For single family homes, parking spaces in the property’s garage or carport and driveway shall be available for the actual parking demand created by the use, including parking spaces for the applicant’s own vehicles, parking spaces for employees if employees are present, and one parking space for customers if direct sales on the property are proposed. For apartments and multifamily developments, the cottage food operator’s designated space(s) shall be available for the actual parking demand created by the use, including parking spaces for the applicant’s own vehicles, parking spaces for employees if employees are present, and one parking space for customers if direct sales on the property are proposed.

16.    The Cottage Food Operation operator shall contract with the local waste disposal company for additional trash removal services, as deemed necessary by the Director of Planning.

17.    No signage or advertisement identifying the Cottage Food Operation shall be permitted at the premises except as may be required by federal, state and/or local agencies. No vehicles with any signs indicating that the premises are being used for the business shall be parked within view of the public right-of-way.

18.    Gross annual sales shall not exceed the amount specified in California Health and Safety Code Section 113758.

19.    The City shall have the right to inspect the premises in which the Cottage Food Operation is located during reasonable times.

D.    Modification or Revocation by the Planning Director

The Planning Director may periodically review any Cottage Food Operation Permit to ensure that it is being operated in a manner consistent with the conditions of operation and in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the Planning Director deems that there is sufficient evidence to modify or revoke the Cottage Food Operation Permit, this shall be accomplished in accordance with the requirements of PMC 17.26.120(E).

E.    Lapse of approval

1.    A Cottage Food Operation Permit, approved under the provisions of this Section, shall become null and void upon expiration of a business license issued in conjunction with the Cottage Food Operation Permit and will require the filing of a new application, including applicable fees, with the City.

2.    Where a Cottage Food Operation Permit has been revoked pursuant to PMC 17.26.120(E), a new application for the same or substantially the same Cottage Food Operation may not be filed within one (1) year of the date of revocation.

17.91.030 Accessory Dwelling Unit Standards

A.    Purpose and intent

Accessory dwelling units (ADU) are a valuable form of housing in California. Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, within existing neighborhoods. It is the purpose of these regulations to establish specific standards for accessory dwelling units, pursuant to Section 65852.2 of the Government Code. The intent is to provide the opportunity for establishment of additional rental housing in the community, while preserving the integrity of existing residential areas and preventing negative health, safety, aesthetic, traffic, and other impacts. By the adoption of this Section the City finds that accessory dwelling units are consistent with the General Plan. (Zoning Ordinance Amendment 09-04, adopted by City Council November 4, 2009. Zoning Ordinance Amendment 17-004, adopted by City Council March 6, 2018.)

B.    Development standards

Where permitted by the zone, an accessory dwelling unit shall be allowed subject to the following standards:

1.    Use limitations. The accessory dwelling unit shall be used solely as the primary residence of the property owner or as a rental unit and shall not be sold separately from the principal dwelling unit. If the single-family dwelling unit and the accessory dwelling unit are simultaneously used by different families, either the primary single-family dwelling unit or the accessory dwelling unit shall be occupied by the property owner. A deed restriction, acceptable to the City Attorney, specifying the use limitations for the accessory dwelling unit shall be prepared by the property owner and recorded on the property. The accessory dwelling unit shall not be sold separately from the principal dwelling unit and may be rented separately from the principal dwelling unit. Accessory dwelling units must comply with all provisions of this Section as well as the underlying zoning district. In instances where there is conflict this Section shall govern.

2.    Permissible zones. An accessory dwelling unit may be permitted only on properties in A-1, R-1, R-2, R-3 and MX zones, subject to, or in conjunction with, the construction of an owner-occupied single-family detached dwelling unit.

3.    One (1) unit per lot. Only one (1) accessory dwelling unit may be permitted per lot of record.

4.    Yards. No additional yards or setbacks are required for the conversion of a garage or permitted accessory structure to an accessory dwelling unit, and a yard of not less than five (5) feet from the side and rear property lines is required for an accessory dwelling unit that is constructed above an existing garage.

5.    Height. Accessory dwelling units shall be limited to two (2) stories or to the maximum height of the applicable zoning district.

6.    Lot coverage. The maximum lot coverage provisions of the zone shall apply.

7.    Special requirements for attached accessory dwelling units:

a.    Attached accessory dwelling units can be either attached to or within an existing dwelling unit.

b.    Attached accessory dwelling units shall not have a total floor area exceeding either (i) fifty (50%) percent of the proposed or existing dwelling unit, excluding garages, or (ii) one thousand two hundred (1,200) square feet.

c.    The minimum unit size for residential zones shall not apply to the accessory dwelling unit. The minimum permitted unit size shall conform to the requirements of the California Building Standards Code.

8.    Special requirements for detached accessory dwelling units:

a.    Detached accessory dwelling units shall not have a total floor area exceeding either (i) fifty (50%) percent of the floor area of the existing or proposed dwelling unit, excluding garages, or (ii) one thousand two hundred (1,200) square feet.

b.    The minimum unit size for residential zones shall not apply to the accessory dwelling unit. The minimum permitted size shall conform to the requirements of the California Building Standards Code.

c.    Detached accessory dwelling units shall not be located between the primary dwelling unit and the front property line.

9.    Parking requirements:

a.    One (1) parking space is required per accessory dwelling unit and may be provided through tandem parking.

b.    Parking for the accessory dwelling unit is allowed in rear and side yard areas. No parking is allowed in front yard areas.

c.    When a garage or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the replacement parking spaces shall be provided in the same manner as they would be required if there was not an accessory dwelling unit on the property.

10.    Parking exemptions. An accessory dwelling unit is not required to have its own parking space in any of the following instances:

a.    The accessory dwelling unit is within one-half (1/2) mile of a public transit stop as measured by the path a pedestrian would lawfully take via City rights-of-way;

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

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

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

e.    When the accessory dwelling unit is within one (1) block of a car share parking spot; or

f.    The accessory dwelling unit does not have at least one (1) bedroom.

11.    Passageways. No passageway or unobstructed pathway extending from a street to one (1) entrance of the accessory dwelling unit shall be required in conjunction with the construction of the accessory dwelling unit. For these purposes, “passageway” means “passageway” as that term is defined by Government Code 65852.2 as it may be amended from time to time, which, at the time this municipal code section was enacted, provided in part, “‘passageway’ means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.”

12.    Driveway access. The driveway serving the primary dwelling unit may also serve the accessory dwelling unit.

13.    Design and materials. Accessory dwelling units shall be designed and constructed with materials that are comparable to and compatible with the primary residence and other residences in the vicinity. The lot shall retain a single-family appearance from the street, and shall not create a second entrance, or other street side modifications which would signal the presence of an accessory dwelling unit. However, the addresses of both units shall be displayed so that they are clearly visible from the street.

14.    Utility service. Accessory dwelling units are not considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. An accessory dwelling unit may utilize the existing utility services to the primary residence or use separate utility services.

15.    Nonconforming properties. Any conditions pertaining to parking, building code, and property development standards of the zone that are nonconforming for the primary use shall be corrected, to the extent feasible, prior to the commencement of construction. (Zoning Ordinance Amendment 09-04, adopted by City Council November 4, 2009. Zoning Ordinance Amendment 17-004, adopted by City Council March 6, 2018.)

C.    Review process

An accessory dwelling unit shall be subject to administrative approval pursuant to PMC 17.26.030. (Zoning Ordinance Amendment 09-04, adopted by City Council November 4, 2009. Zoning Ordinance Amendment 17-003, adopted by City Council August 1, 2017.)

17.91.040 Senior Housing Requirements

A.    Purpose and intent

It is the purpose of these regulations to establish specific standards for senior housing developments. The intent is to prevent the creation of any adverse impacts to the occupants of neighboring dwellings while ensuring that adequate services and facilities are available to serve the special housing needs of senior citizens.

B.    Development standards

All senior housing shall conform to the following standards, except that when existing multi-family residential uses are converted to senior housing, the reviewing authority may revise or waive any development standard determined to be infeasible, due to the project’s design, size or physical development: (Zoning Ordinance Amendment 95-6 adopted by City Council April 10, 1996.) (Zoning Ordinance Amendment 08-01, adopted by City Council March 3, 2010.)

1.    Property requirements. The parcel upon which the senior housing facility is to be established shall conform to all standards of the underlying land use district. (Zoning Ordinance Amendment 08-01, adopted by City Council March 3, 2010.)

2.    Occupancy limitations. Residential occupancy shall be limited to single persons over 55 years of age or married couples of which one spouse is over 55 years of age. (Zoning Ordinance Amendment 95-6, adopted by City Council April 10, 1996.)

3.    Density. The number of dwelling units for senior housing projects shall be based on the underlying General Plan designation. Congregate care facilities which do not include individual kitchen facilities shall not be subject to density provisions.

4.    Minimum floor area. The minimum floor area for each residential unit shall be as follows:

Studio:

410 square feet

One-bedroom:

510 square feet if kitchen-dining living areas are combined. 570 square feet if kitchen-dining living areas are separate.

Two-bedroom:

610 square feet if kitchen-dining living areas are combined. 670 square feet if kitchen-dining living areas are separate.

5.    Common facilities. The development may provide one or more of the following specific internal common facilities for the exclusive use of the residents:

a.    Central cooking and dining room(s).

b.    Beauty and barber shop.

c.    Small scale drug store not exceeding 1,000 square feet.

d.    Small scale medical offices or clinics.

e.    Community garden or greenhouse.

f.    Workshop areas.

6.    Recreation and entertainment facilities. Common recreational and entertainment facilities of a size and scale consistent with the number of living units shall be provided. The minimum size shall equal 100 square feet for each living unit. Open space areas shall be located with convenient access from the units they serve and shall be protected from sun and wind through placement, design and landscaping.

7.    Laundry facilities. Common laundry facilities of sufficient number and accessibility, consistent with the number of living units and the Uniform Building Code may be required. Such facilities shall have keyed access for tenants only. Each residential unit shall be plumbed and wired for a washing machine and dryer.

8.    Parking. Off-street parking shall be provided in accordance with Chapter 17.87 PMC, Off-Street Parking, and the following:

a.    All required off-street parking shall be located maximum one-hundred and fifty (150) feet from at least one entrance to the residential building that it serves.

b.    If a shuttle stop is located on the property, shaded waiting areas and adequate and suitably striped paved areas for shuttle parking shall be provided adjacent to the shuttle stops.

c.    Senior citizen/congregate care parking requirements may be adjusted on an individual project basis, subject to a parking study based on a project location and proximity to services for senior citizens including, but not limited to medical offices, shopping areas, mass transit, etc.

9.    Bus turnouts and shelters. A bus turnout and shelter may be required as determined by the reviewing authority if the project is located on a designated arterial and adjacent to existing/future bus route(s).

10.    Driveways. Driveway approaches shall be delineated with interlocking pavers, rough-textured concrete, landscaped medians or similar features. Stamped concrete shall not be allowed to meet this requirement.

11.    Handicapped access. The main pedestrian entrance to the development, common areas, and the parking facility shall be provided with handicapped access.

12.    Security. The project shall be designed to provide maximum security for residents, guests, and employees.

13.    Safety requirements. Indoor common areas and living units shall be handicap equipped or adaptable and be provided with all necessary safety equipment (e.g., safety bars, etc.), as well as emergency signal/intercom systems or other measures determined by the reviewing authority.

14.    Lighting. Adequate internal and external lighting including walkways shall be provided for security purposes. The lighting shall be energy efficient, stationary, deflected away from adjacent properties and public rights-of-way, and of an intensity compatible with the residential neighborhood.

15.    Trash areas. Trash areas shall be dispersed throughout the complex. Trash areas not located within a building shall be paved and located a minimum of five (5) feet from the private street or drive aisle. Such areas shall be consistent with the standards contained in PMC 17.85.010. One trash area shall be provided for the first ten (10) units or fraction thereof, and one for each additional ten (10) units or fraction thereof.

16.    Other requirements. Senior group housing shall conform with all local, state, and federal requirements.

C.    Review process

Senior housing shall be subject to the applicable review requirements of the zone district.

17.91.050 Manufactured Home Parks

A.    Purpose and intent

It is the purpose of these regulations to establish specific standards for manufactured home parks. The intent is to prevent the creation of any nuisance or annoyance to the occupants of neighboring areas while allowing establishment and operation of the manufactured home park.

B.    General development standards

All manufactured home parks shall be constructed in the following manner:

1.    Minimum site size. A site proposed for a manufactured home park shall be a minimum five (5) gross acres in size.

2.    Density. The overall density of the project shall not exceed the maximum density permitted by the General Plan.

3.    Manufactured home space requirements

a.    Minimum size. The manufactured home sites shall average minimum three thousand (3,000) square feet, but no site shall be smaller than two thousand five hundred (2,500) square feet.

b.    Minimum width. Minimum average width of a manufactured home site shall be forty-two feet (42’) for sites designated for a single width manufactured home, or thirty (30) feet plus the width of the manufactured home for sites designated for double width or wider manufactured homes.

c.    Frontage. Each manufactured home site shall abut directly upon an interior drive aisle for a minimum of thirty (30) feet.

4.    Yards. Minimum setbacks for individual manufactured home spaces, measured from the edge of internal streets and space lines as follows, shall be as follows:

a.    Front setback shall be minimum ten (10) feet.

b.    Side setback shall be either minimum five (5) feet on each side, or zero lot line on one side and ten (10) feet on the opposite side. On corner manufactured home sites or lots, the side yard adjoining the manufactured home park or subdivision street shall not be less than ten (10) feet.

c.    Rear setback shall be minimum ten (10) feet.

d.    Structural separation between any two dwelling units shall be minimum ten (10) feet.

5.    Exterior boundaries. All exterior boundaries of the manufactured home park or subdivision shall appear similar to conventional residential developments and shall be screened by a decorative wall, fence or other comparable device a minimum of six (6) feet in height. A minimum six (6) foot wide landscaped area shall be provided along the inside of the perimeter wall which may include the required yards of the adjoining manufactured home sites. Where a perimeter wall is located adjacent to a public right-of-way, a minimum of twelve (12) feet of landscaping shall be provided between the wall and the edge of curb, excluding the sidewalk. Landscaping shall be provided as approved by the City Landscape Architect.

6.    Lot coverage. Maximum space coverage (unit and its accessory structure(s)) shall be seventy-five percent (75%) of the home site space.

7.    Common areas. A minimum of 20% of the site shall be devoted to common usable open space. Useable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between structures less than 15± feet in width, private yards or slopes greater than 3:1. The area to be utilized for common recreation facilities shall have a minimum aggregate area of three hundred (300) square feet per manufactured home space or lot.

8.    Amenities. All manufactured home parks shall provide recreational amenities within the site which may include: swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter – barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the Planning Commission and provided according to the following schedule:

 

Units

Amenities

0-9

0

10-50

1

51-100

2

101-200

3

201-300

4

Add 1 amenity for each 100 additional units or fraction thereof.

9.    Facilities. The following facilities shall be provided in each manufactured home park:

a.    Manufactured home park office. Every manufactured home park shall include a permanent building for office use. Such building may include a single family dwelling for the exclusive use of the owner or manager.

b.    Laundry rooms. Every manufactured park shall have one or more laundry rooms. Laundry drying lines shall not be permitted on the mobile home sites.

c.    Mail boxes. Each manufactured home site shall be equipped with a receptacle for mail deliveries in accordance with the standards of the local post master.

d.    Telephone. The manufactured home park shall contain at least one public telephone for the use of the park residents.

e.    Storage areas. Areas used for storage of travel trailers, boats, or other such items may be established in a manufactured home park provided they are adequately screened from public view.

f.    Utilities. All utility distribution facilities, including television antennae service lines serving individual mobile home sites, shall be placed underground. The owner is responsible for compliance with the requirements of this Section, and he/she shall make all the necessary arrangements with each of the serving utilities for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestal, concealed ducts, and other appurtenant facilities necessary to such underground facilities may be placed above ground. Water and sewer distribution facilities shall be installed in conformance with specifications of the City Engineer. All manufactured home sites must be served with water, gas, electricity, television cable, and city sewers.

10.    Design. No manufactured home shall be installed in a manufactured home park if more than ten (10) years have elapsed between the date of the manufacture of the manufactured home and the date of an application for the issuance of a building permit to install the unit. Each unit shall be equipped with skirting or provided with a support pad which is recessed, in order to give the appearance of the manufactured home being located on-grade.

11.    Internal streets. Streets shall be designed to provide convenient traffic circulation within the manufactured home park or subdivision. The following minimum standards shall apply unless modified by the City Engineer: the minimum width of any street shall be thirty (30) feet including the curbs; the streets shall be paved in accordance to standards established by the City Engineer; and concrete roll curbs shall be provided on each side of the street. Sidewalks shall be provided along internal streets/drive aisle where deemed appropriate.

12.    Driveways. Driveway approaches into manufactured home parks shall be delineated with interlocking pavers, rough-textured concrete, landscaped medians or similar features.

13.    Pedestrian access. All recreation facilities and common areas shall be conveniently located within the park or subdivision and be accessible via pedestrian pathways and sidewalks. Such accessways shall also be provided to off-site walkways to provide access to schools, parks, bus stops and commercial areas.

14.    Parking. The manufactured home park shall be provided with parking and access as required by Chapter 17.87 PMC, Off-street Parking Standards. In addition, common recreation and laundry areas serving over forty (40) manufactured homes shall have sufficient parking to accommodate one (1) automobile for every ten (10) manufactured home sites over the number of forty (40) that are served by the facility. If garages are provided, a minimum of twenty (20) feet shall be provided between the face of the garage door and the back of sidewalk.

15.    Landscaping. Common open space areas shall be landscaped in accordance with a landscape plan approved under the Conditional Use Permit. Landscaping shall be maintained in accordance with such plans by the property owner in perpetuity. In addition to the perimeter trees, the equivalent of one (1) tree shall be planted for each manufactured home lot or space, either within the individual spaces or in common areas.

16.    Lighting. Adequate internal and external lighting, including lighting of walkways, shall be provided for security purposes. The lighting shall be energy efficient, stationary, deflected away from adjacent properties and public rights-of-way, and of an intensity compatible with the residential neighborhood.

17.    Trash areas. Trash areas shall be dispersed throughout the park. Trash areas not located within a building shall be paved and located a minimum of five (5) feet from the private street or drive aisle. One trash area shall be provided for the first 10 units, and one for each additional 10 units or fraction thereof.

18.    Animals. Dogs and other household pets shall not be permitted to run at large in any manufactured home park. Bird aviaries, poultry, and other farm animals shall not be permitted in a manufactured home park.

19.    Signs

a.    Bulletin signs. Each manufactured home park shall have a bulletin board for the listing of each manufacture home site and the name of the occupant thereof pursuant to Chapter 17.88 PMC. The bulletin board shall be located outside the office and shall be lighted at night.

b.    Directional signs. Adequate signs indicating directions, parking areas, recreation areas, and street names, shall be established and maintained within the manufactured home park. Such signs shall not exceed six (6) square feet in area.

c.    Individual site signs. Signs or name plates not exceeding two (2) square feet in area and displaying the name and address only of the occupant of the manufactured home may be erected at each manufactured home site.

d.    Park signs. Signs which identify or advertise the manufactured home parks may be erected pursuant to an approved sign permit. Such signs must be located on the premises and shall not be more than one hundred twenty (120) square feet in area. They shall not be animated or illuminated except by indirect non-flashing light.

20.    Transient spaces. Transient manufactured home sites shall include all sites that are occupied with manufactured homes for ninety (90) days or less. Not more than ten (10) percent of the manufactured home sites may be used for transient manufactured home sites. Sites reserved for transient manufactured homes shall be so designated on the plans submitted with the application for the manufactured home park Conditional Use Permit. All requirements of this Section shall fully apply to transient spaces. Manufactured homes which are smaller than specified in this Section may occupy such designated transient manufactured home sites for periods up to ninety (90) days.

C.    Review process

Manufactured home parks shall be subject to Conditional Use Permit approval in accordance with Chapter 17.22 PMC, where permitted by the zone district.

17.91.060 Manufactured Home Subdivisions

A.    Purpose and intent

It is the purpose of these regulations to establish specific standards for manufactured home subdivisions. The intent is to prevent the creation of any nuisance or annoyance to the occupants of neighboring areas while allowing establishment and operation of the manufactured home subdivisions.

B.    Development standards

All manufactured home subdivisions shall be constructed in the following manner:

1.    Minimum site size. A site proposed for a manufactured home subdivision shall be minimum five (5) acres in size.

2.    Density. The overall density of the project shall not exceed the maximum density permitted by the General Plan.

3.    Minimum lot size. Minimum lot size within a manufactured home subdivision shall be 5,000 square feet.

4.    Yards. Minimum setbacks for individual manufactured home spaces, measured from the edge of internal streets and space lines as follows, shall be as follows:

a.    Front setback shall be minimum ten (10) feet;

b.    Side setback shall be either minimum five (5) feet on each side, or zero lot line on one side and ten (10) feet on the opposite side; On corner mobile-home sites or lots, the side yard adjoining the mobile home park or subdivision street shall not be less than ten (10) feet;

c.    Rear setback shall be minimum ten (10) feet;

d.    Structural separation between any two dwelling units shall be minimum ten (10) feet.

5.    Exterior boundaries. All exterior boundaries of the manufactured home park or subdivision shall appear similar to conventional residential developments and shall be screened by a decorative wall, fence or other comparable device minimum six (6) feet in height. A minimum six (6) foot wide landscaped area shall be provided along the inside of the perimeter screen which may include the required yards of the adjoining manufactured home sites. Where a perimeter wall is located adjacent to a public right-of-way, a minimum of twelve (12) feet of landscaping shall be provided between the wall and the edge of curb, excluding the sidewalk. Landscaping shall be provided as approved by the City Landscape Architect.

6.    Lot coverage. Maximum space coverage (unit and its accessory structure(s)) shall be seventy-five percent (75%) of the home site lot.

7.    Common areas. Minimum thirty percent (30%) of the site shall be devoted to common usable open space. Useable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between structures less than 15-feet in width, private yards or slopes greater than 3:1. The area to be utilized for common recreation facilities shall be a minimum aggregate area of three hundred (300) square feet per manufactured home space or lot.

8.    Amenities. All manufactured home subdivisions shall provide recreational amenities within the site which may include: swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter – barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the Planning Commission and provided according to the following schedule:

Units

Amenities

0-9

0

10-50

1

51-100

2

101-200

3

201-300

4

Add 1 amenity for each 100 additional units or fraction thereof.

9.    Design. No manufactured home shall be installed in a manufactured home subdivision if more than ten (10) years have elapsed between the date of the manufacture of the manufactured home and the date of an application for the issuance of a building permit to install the unit. Each unit shall be equipped with skirting or provided with a support pad which is recessed, in order to give the appearance of the manufactured home being located on-grade.

10.    Parking. Parking shall be provided as required for single family residences pursuant to Chapter 17.87 PMC, Off-Street Parking. A minimum of twenty (20) feet shall be provided from the garage door face to the back of sidewalk.

11.    Internal circulation. Internal vehicular circulation shall be via local public streets or private streets as provided for in Chapter 17.87 PMC, Off-Street Parking. Streets shall be designed to provide convenient traffic circulation within the manufactured home park or subdivision. The following minimum standards shall apply unless modified by the City Engineer: the minimum width of any street shall be thirty (30) feet including the curbs; the streets shall be paved in accordance to standards established by the City Engineer; and concrete roll curbs shall be provided on each side of the street. Sidewalks shall be provided along internal streets/drive aisle where deemed appropriate.

12.    Driveways. Driveway approaches into manufactured home subdivisions shall be delineated with interlocking pavers, rough-textured concrete, landscaped medians or similar features.

13.    Pedestrian access. All recreation facilities and common areas shall be conveniently located within the park or subdivision and be accessible via pedestrian pathways and sidewalks. Such accessways shall also be provided to off-site walkways to provide access to schools, parks, bus stops and commercial areas.

14.    Landscaping. Common open space areas shall be landscaped in accordance with a landscape plan approved under the Conditional Use Permit. Landscaping shall be maintained in accordance with such plans by the designated homeowner’s association in perpetuity. In addition to the perimeter trees, a minimum of one (1) tree shall be planted on each lot.

15.    Lighting. Adequate internal and external lighting, including lighting of walkways, shall be provided for security purposes. The lighting shall be energy efficient, stationary, deflected away from adjacent properties and public rights-of-way, and of an intensity compatible with the residential neighborhood.

16.    Trash area. Each individual lot within the subdivision shall be responsible for trash service as a single family residence. Trash areas and enclosures shall be provided for common recreation facilities as deemed necessary.

17.    Utilities. All on-site utilities shall be installed underground.

18.    Homeowner’s associations. A homeowner’s association shall be formed for any manufactured home subdivision. Such association shall be responsible for maintenance of common recreation facilities, common open space areas, common landscape areas, pedestrian pathways, private streets/drive aisles and other common areas identified on the subdivision map.

19.    Signs. Subdivision signs may be permitted in accordance to Chapter 17.88 PMC.

C.    Review process

Manufactured home subdivisions shall be subject to approval of a subdivision map and a Conditional Use Permit, pursuant to Chapter 17.22 PMC, where permitted by the zone district.

17.91.070 Closures of Mobile Home Parks

(Zoning Ordinance Amendment 96-2 adopted by City Council April 10, 1996.)

A.    Findings and Declaration of Purpose.

Mobilehome owners make considerable investments in purchasing, maintaining, and improving their mobilehomes, but must rent a space for the home in a mobilehome park and cannot easily move the mobilehome due to the high cost and risk of damage involved in moving a mobilehome. Further, park owners prefer to rent any vacant spaces to new homes and frequently refuse to rent a space to a homeowner wishing to relocate a home that is not new. In recognition of the unique situation and vulnerability of mobilehome owners created by these facts, the State Mobilehome Residency Law, Civil Code Section 798, et seq. and Government Code Sections 65863.7 and 66427.4, limit the grounds on which mobilehome owners may be evicted from a mobilehome park, protect their right to sell their mobilehomes in place in a mobilehome park and authorize local jurisdictions to impose reasonable measures to mitigate the adverse impacts on displaced mobilehome owners when a mobilehome park closes or converts to another use. Pursuant to these state laws, this Section provides a procedure and standards for reviewing applications for change of use and closure of mobilehome parks, determining reasonable mitigation measures and protecting residents from tactics such as intimidation, designed to pressure mobilehome owners to relocate without receiving assistance pursuant to this Section. Without such assistance mobilehome owners may lose the investment in their homes, which may be their only asset, and may not be able to relocate to decent, affordable housing.

B.    Definitions

As used in this Section, the following words and phrases shall have the following meanings:

1.    “Applicant” shall mean a person or entity who has filed an application for change of use of a mobilehome park.

2.    “Change of use” includes all activities specified in Section 798.10 of the California Civil Code and amendments to the general plan or any applicable specific plan, rezoning of property, land use permits, such as a conditional use permit or a variance, tentative parcel or tentative tract maps, and building permits when they involve changing the use of or closing a mobilehome park or a part thereof. “Change of use” includes closure of a park when no new use is planned.

3.    “Comparable housing” shall mean housing which is comparable in floor area, number of bedrooms, and amenities, proximity to public transportation, shopping, schools, employment opportunities and medical services and other relevant factors to the mobilehome to which comparison is being made.

4.    “Comparable mobilehome park” means a mobilehome park substantially equal in terms of park condition, amenities, and other relevant factors, including, but not limited to, proximity to public transportation, shopping, medical services, employment opportunities and schools.

5.    “Director” means the Director of Planning.

6.    “Eligible mobilehome resident” or “eligible resident” means a mobilehome resident whose mobilehome was located in a mobilehome park on the date of an application for change of use. Eligible resident includes the spouse, parents, children and grandchildren of the eligible resident when those persons resided in the mobilehome on the date of the application.

7.    “Legal owner” shall mean any person or entity having an ownership interest in a mobilehome other than the registered owner, such as a lender or mortgagor.

8.    “Mobilehome” has the meaning set forth in Section 798.3 of the California Civil Code.

9.    “Mobilehome owner” means the registered owner or registered owners of a mobilehome, regardless of the number of such owners or the form of such ownership.

10.    “Mobilehome park” or “park” has the meaning set forth in PMC 5.44.070(D).

11.    “Mobilehome park owner” or “park owner” means the person, persons or entity that owns a mobilehome park and includes any person authorized by the park owner to seek approval of an application for change of use or respond to a rent review petition filed pursuant to this Section.

12.    “Mobilehome resident” or “resident” means a mobilehome owner who resides in the mobilehome he or she owns. Resident includes the mobilehome owner’s spouse, parents, children and grandchildren who reside in the mobilehome.

13.    “Mobilehome tenant” or “tenant” is a person who occupies a mobilehome within a mobilehome park pursuant to a bona fide lease or rental agreement and who, during his or her tenancy, was not the owner of that mobilehome.

14.    “Handicapped mobilehome resident” means a mobilehome resident with any medically determinable physical or mental impairment as demonstrated by a finding of a state or federal agency or a medical certificate, or who requires special care facilities in the mobilehome or special care equipment, such as, but not limited to, a wheelchair.

15.    “Low income” means an income of eighty percent or less of current median income as established annually by the United States Department of Housing and Urban Development (“HUD”) for the Los Angeles Standard Metropolitan Statistical Area (“SMSA”) as adjusted for household size.

C.    Application and Relocation Impact Report--Data on Mobilehome Owners and Park Residents--Duty to File.

1.    Prior to a change of use of a mobilehome park, an application therefor and a relocation impact report (“RIR”) complying with the requirements of this Section must be filed with the Director. No application shall be deemed complete or processed for consideration and approval until an application and RIR meeting all the requirements of this Section have been filed. No oral or written announcement or notice that a mobilehome park is closing or changing the use of a mobilehome park, or will be applying to do so, may be made before an application for change of use has been filed pursuant to this Section. The City Council, by resolution, may impose a fee for review of the application and RIR.

2.    The RIR shall contain the following information:

a.    A description of any proposed new use.

b.    A timetable for conversion of the park.

c.    A legal description of the park.

d.    The number of spaces in the park, length of occupancy by the current occupant of each space, and current rental rate for each space.

e.    The date of manufacture and size of each mobilehome by space.

f.    Appraisals of the on-site value, depreciated replacement value and removal value of the mobilehome of each eligible resident in the park. A qualified appraiser shall be selected by the City and the cost of the appraisals shall be borne by the applicant. The appraisals shall identify those mobilehomes which cannot be moved due to type, age or other considerations.

g.    The total number of mobilehome residents, broken down space by space to identify owner or renter occupancy, principal or second home occupancy, residents under 16 years of age, residents 60 years of age or over, residents who are handicapped, any remaining mortgage and its terms, the purchase date and price paid by the mobilehome owner, the cost incurred by the mobilehome owner in improving the home and the amount and terms of any remaining mortgage. This information shall be provided on a questionnaire developed by the Director and sent to the residents by the Director who shall use the information in evaluating the application and any appropriate relocation assistance, provided, however, that the questionnaires shall remain confidential and that, to the extent possible, the Director shall maintain the confidentiality of the personal financial information contained in the questionnaire.

h.    The name and mailing address of each eligible resident, mobilehome tenant, mobilehome resident, resident mobilehome owner and legal owner of a mobilehome in the park.

i.    The purchase price of condominiums similar in size to the mobilehomes within a reasonable distance, and the rental rates and moving costs involved in moving to an apartment or other rental unit within a reasonable distance, including but not limited to, fees charged by moving companies and any requirement for payment of the first and last month’s rent and security deposits.

j.    A list of comparable mobilehome parks within a fifty-mile radius of the applicant’s mobilehome park. For each comparable park, the list shall state the criteria of that park for accepting relocated mobilehomes, rental rates and the name, address and telephone number of the park representative having authority to accept relocated homes, including any written commitments from mobilehome park owners willing to accept displaced mobilehomes.

k.    Estimates from two (2) moving companies as to the minimum and per mile cost of moving each mobilehome, including tear-down and setup of mobilehomes and moving of improvements such as porches, carports, patios, and other moveable amenities installed by the residents. Said moving companies shall be approved by the Director prior to inclusion in the final RIR.

l.    Proposed measures to mitigate the adverse impacts of the conversion upon the mobilehome park residents.

m.    Identification of a relocation specialist to assist residents in finding relocation spaces and alternate housing. The specialist shall be selected by the applicant, subject to the City’s approval, and shall be paid for by the applicant.

D.    Notice to Existing and Prospective Occupants Regarding Pending Change in Status of Park – Relocation Assistance.

When an application for change of use of a mobilehome park has been filed with the Director, the applicant shall give notice to all existing tenants of the subject park, and all prospective mobilehome purchasers and prospective mobilehome tenants within the park, prior to commencement of escrow to purchase the home and execution of any rental agreement, that the application for change of use has been filed and that they may not be entitled to relocation assistance pursuant to this Section. The park owner shall obtain a signed acknowledg¨ment of receipt of such notice from each tenant and prospective purchaser or tenant and file it with the Director. Provided all requirements of Civil Code Section 798.80 or successor statute have been complied with, tenants of the mobilehome park shall have the right of first refusal to purchase the mobilehome park prior to its sale to some other individual or entity.

E.    Application for Change of Use – Public Hearing – Findings.

1.    a.    Upon the filing of an application for change of use and RIR, or for exemption from the requirements of Government Code §65863.7, the Director shall examine the same and advise the applicant in writing within 30 days after receipt thereof whether it is complete. The application for a change of use and RIR shall be accepted for filing without the appraisals and confidential tenant information required by subsection (C)(2)(f) of this Section, but the application shall not be deemed complete until that information has been supplied by the applicant. If the applicant fails to provide the information required by subsection (C)(2)(f) of this Section within 120 days of filing the application, the application shall be deemed withdrawn.

b.    An application for exemption from the requirements of Government Code Section 65863.7 shall specify whether it is for a partial or complete exemption and shall provide documentary evidence of the qualification for any exemption allowed by Government Code Section 65863.7. The application shall contain the information required in subsection (C)(2) of this Section except that it need not provide the information required by subsections (C)(2)(f), (i), (l) of this Section. Further, while the applicant must identify a qualified relocation specialist, the requirement that the services of the specialist be paid for by the applicant may be waived.

2.    Not less than thirty days prior to the scheduled public hearing before the Planning Commission, the park owner shall, by certified mail or personal delivery, transmit to the registered and legal owner of each mobilehome occupying a site within the mobilehome park and to each resident a copy of the RIR and notice of the date, time and place of the public hearing on the application.

3.    Not less than fifteen days prior to the scheduled public hearing before the Planning Commission on the RIR, the park owner shall file with the Director a verification that he has complied with the requirements of this Section pertaining to notices and transmittal of copies of the RIR and with all notice requirements in Government Code Section 65863.7, et seq. The form and manner of such verification shall be subject to approval by the City Attorney.

4.    Planning Commission Hearing, Findings and Advisory Decision.

Upon review of an application for change of use or exemption and the RIR and consideration of the written and oral evidence received at the hearing, the Commission shall render its findings and recommendation to the City Council by resolution within 95 days of the date the application and RIR were accepted as complete. In rendering its advisory decision, the Commission may recommend reasonable measures not exceeding the reasonable costs of relocation to mitigate the adverse impacts on eligible residents displaced by the change of use, which may include, but are not limited to, the following:

a.    Payment of the cost of physically moving the mobilehome to a new site, including tear down and setup of mobilehomes, including, but not limited to, movable improvements such as patios, carports and porches.

b.    Payment of a lump sum based on consideration of the first and last month’s rent and any security deposit at the new mobilehome park.

c.    Payment of a lump sum based on consideration of any differential between rental rates at the closing mobilehome park and the new mobilehome park during the first year of the new tenancy.

d.    For residents whose mobile¨home cannot be relocated to a comparable park within a 50-mile radius of the closing mobilehome park, payment of a lump sum based upon consideration of the value of the mobilehome, including resident improvements (i.e., landscaping, porches, carports, etc.), any mortgage obligations of the resident on the mobilehome, and the costs of purchasing a mobilehome on-site in a comparable park or acquiring other comparable replacement housing.

e.    Provision of a replacement space within a reasonable distance of the closing mobilehome park.

f.    Notwithstanding any other provision in this Section, the total of the mitigation measures required shall be subject to and shall not exceed the limitation in Government Code Section 65863.7 which provides: “the steps taken to mitigate shall not exceed the reasonable costs of relocation.”

g.    Notwithstanding any other provision of this Section, if the mobilehome park closure or cessation in use is the result of an adjudication of bankruptcy, the park owner shall not be required to pay relocation assistance. (See Government Code Section 65863.7(f).)

5.    City Council Hearing, Findings and Decision.

a.    The application for change of use and any application for exemption shall be set for hearing before the City Council within 45 days of the date of the Planning Commission resolution recommending the mitigation measures to be imposed on the change of use of a park or exemption, pursuant to Government Code Section 65863.7, from the provision of relocation assistance.

b.    The City Council, after review and consideration of the application, the RIR and the written and oral evidence received at the hearing, shall by resolution render its findings and decision within 80 days of the date of the Planning Commission resolution.

c.    The City Council may impose reasonable measures not exceeding the reasonable costs of relocation to mitigate the adverse impacts of the change of use on eligible mobilehome residents pursuant to subsection (E)(4) of this Section. The decision of the City Council shall be final. Pursuant to Code of Civil Procedure Section 1094.6, the statute of limitations for bringing a judicial challenge to any decision concerning a change of use of a mobilehome park shall be 90 days and notice of the City’s decision to the applicant, park owner, and affected residents shall include notice that the 90 day statute of limitations in Section 1094.6 is applicable.

F.    Measures to Prevent Avoidance of Relocation Assistance Obligations.

1.    No notice or other announcement that a park is closing, or converting to another use, or may close or convert to another use, may be made before the park owner has filed an application for change of use with the City. No signs may be posted on or adjacent to the park property indicating that the park is closed or converted to another use until the application and RIR has been approved and the park owner has executed and filed with the Director a written acceptance of the mitigation requirements imposed on the change of use pursuant to this Section.

2.    Any eligible resident who relocates after an application for a change of use is filed shall be entitled to the relocation assistance imposed as a condition of the change of use even if that resident relocates before the final decision of the City Council determining the required relocation assistance pursuant to this Section.

3.    Each park owner shall send a copy of this Section to each existing and new resident of the Park by certified mail. Signed acknowledgment of receipt of such copy by each existing resident shall be filed with the Director within thirty (30) days of the effective date of this Ordinance. A signed acknowledgment of such copy by each new resident shall be filed with the Director within 15 days of the date the new resident enters a rental agreement with a park or lawfully occupies a mobilehome in the park.

4.    No prospective mobilehome resident who enters escrow to purchase a mobilehome in a park prior to the date an application for change of use is filed and no existing mobilehome resident may be required to sign a waiver, or a lease or rental agreement which includes a waiver, of their rights under this Section. Any waiver of rights under this Section by such a mobilehome resident shall be deemed invalid unless the resident or prospective resident and the park owner obtain the prior approval of the waiver from the Director, who may grant such approval only upon a finding that the waiver is voluntary and was made after being fully informed of the terms of this Section.

G.    Compliance with Relocation Assistance Required as a Condition of Approval of a Change of Use.

1.    The applicant shall execute and record a certificate, and file proof thereof with the Director, accepting the mitigation measures imposed on the approval of a change of use within 90 days of the final resolution approving the change of use and shall give the 6 month notice of the “Termination of Tenancy” and closure of the park required by the Civil Code within 120 days of the adoption of that resolution. A resolution approving a change of use shall automatically become null and void if the certificate accepting the conditions is not filed and executed within 90 days of the date of the final resolution approving the change of use and the notice of “Termination of Tenancy” has not been given within 120 days of that resolution. All mitigation measures imposed on the approval of a change of use shall be fully performed as to each resident prior to that resident’s required vacation of the mobilehome park, unless otherwise provided in the mitigation measure. No eligible resident shall be required to vacate a mobilehome space unless the applicant is in full compliance with all mitigation measures imposed pertaining to such resident, and has otherwise fulfilled the notice requirements of the California Mobilehome Residency Law relating to “Termination of Tenancy.”

2.    No building permit shall be issued for the development of any real property which has been, or is being, converted from a mobilehome park pursuant to this Section unless and until the City has adopted a resolution approving the change of use and the park owner has fully complied with the relocation assistance required by that resolution.

H.    Modification and Revocation of Approved Change of Use.

1.    Modification.

a.    After a change of use has been approved and after the applicant has executed and recorded a certificate of acceptance of the conditions of the resolution approving it, modification of the mitigation measures imposed, including additions and deletions, may be considered upon the filing of a written application by the applicant. Modification may be granted on the grounds that there has been a change in circumstances or new information, which could not reasonably have been known or considered at the time of the hearings on the application, has become available. Examples of such new information or changed circumstances include, but are not limited to, revised plans by the applicant and a change in the availability of relocation spaces. Modification shall not be granted when it would unreasonably prejudice the ability of the residents to relocate to comparable spaces or comparable alternate housing.

b.    Any application for modification shall be subject to the notice and hearing procedures set forth in subsections E and F of this Section. The decision in connection with a modification request shall take place as with the initial approval.

2.    Revocation.

a.    The City Council may by resolution initiate revocation proceedings on the grounds that the park owner or applicant has violated the provisions of this Section or the terms of the resolution approving the change of use. The resolution shall specify the grounds asserted for revocation of the approval of the change of use by the park and shall set a hearing before the City Council to consider the revocation not sooner than 45 and not later than 60 days after the date of the resolution.

b.    A copy of the resolution shall be sent to the park owner by certified mail or personal delivery together with notice that any response by the park must be filed at least 20 days prior to the date set for the revocation hearing.

c.    The City Council shall render its findings and decision concerning revocation by resolution within 90 days after initiating revocation proceedings.

I.    Expiration and Extension of Approval.

1.    Approval of a change of use shall become null and void if the notice of “Termination of Tenancy” has not been given within the time provided in subsection G of this Section and relocation pursuant to the conditions of approval has not occurred within twelve (12) months of the effective date of the resolution approving the change of use, unless otherwise extended as provided in subparagraph 2 of this subsection I or unless otherwise provided in the resolution approving it.

2.    Upon application by the park owner filed with the Director on or before the time provided for giving the Notice of Termination or the expiration of the approval of the change of use, the date for giving notice and the approval may be extended by the City Council upon a showing of good cause. The request may be denied if the Council finds that the park owner has unreasonably delayed implementation of the mitigation measures or that further delay will result in prejudice or further adverse impacts upon eligible residents remaining in the park. Approval of an extension may be conditioned on reasonable measures designed to mitigate the adverse impacts resulting from the delay. The application for extension shall be subject to the notice and hearing procedures set forth in subsection (H)(2) of this Section.

J.    Enforcement

1.    The City Council may bring a civil action to enforce the terms of this Section or the terms of a resolution approving a change of use.

2.    A violation of this Section or of the terms of a resolution approving a change of use shall be a misdemeanor punishable by a fine of $1,000. Each violation of a section or subsection of this Section shall be a separate violation, each violation of each term of such resolution as to a particular eligible resident shall be a separate violation and each continued day of violation after notice of violation has been given shall constitute a separate violation.

K.    Conflicts

In the event the provisions of this Section conflict with any code, ordinance or regulation of the City, the provisions of this Section shall govern. In the event any provisions of this Section conflict with a provision of State law, this Ordinance shall be interpreted and applied in conformity with State law.

L.    Severability

If any part or provision of this Section, or the application of such to any person or circumstance is held invalid, the remainder of the Section, including the application of such part or provision to other persons or circumstances, shall not be effected and shall continue in full force and effect. To this end the provisions of this Section are severable.

17.91.080 Garage Sales as an Accessory Use

A.    Purpose and intent

It is the purpose of these regulations to establish specific standards for garage sales. The intent is to prevent the creation of nuisance or annoyance to the occupants of neighboring dwellings while allowing residents the opportunity to utilize their properties in a limited capacity for the purpose of marketing surplus household goods. Garage Sales are permitted as an incidental use in the A-1, R-1, R-2, R-3 and MX zones.

B.    Standards

Garage sales shall be permitted subject to the following standards:

1.    Garage sales may only be held in zones where it is specifically listed as a permitted accessory use.

2.    Sales shall last no longer than three (3) consecutive days.

3.    Sales shall be held no more than twice annually.

4.    Sales shall be conducted on the property where the seller resides. Multiple family sales are permitted if they are held on the property of one of the sellers.

5.    The merchandise offered for sale shall be limited to the personal goods of the homeowner(s) holding the sale. The offering of merchandise acquired for the purpose of resale is prohibited.

6.    Signs shall be limited to one sign on the property where the sale is being conducted.

17.91.090 Residential Sports Courts

(Zoning Ordinance Amendment 95-6 adopted by City Council April 10, 1996; Zoning Ordinance Amendment 12-002, adopted by City Council December 5, 2012)

A.    Purpose and intent

It is the purpose of these regulations to establish specific standards for tennis courts and play courts within residential zones. The intent is to preserve the integrity of the existing residential areas by preventing negative health, safety and aesthetic impacts, while allowing residents the opportunity to establish tennis courts or play courts on properties of sufficient size and configuration to accommodate this use.

B.    Development standards

In the A-1, R-1, R-2 or R-3 Zone, a residential sports court shall be permitted as an accessory structure or use on a lot or site containing a primary residential use pursuant to PMC 17.26.120 and subject to the following standards:

1.    Limited use. When located in the rear or side yard of a single family residential structure, a residential sports court shall be used only by the occupants of the principal dwelling, or their non-paying guests. The court shall not be rented, used for paid instructional or commercial purposes and may not be utilized as a sport team practice facility. When located within multiple family residential complexes, a residential sports court shall be used only by occupants of the on-site dwelling units, or their non-paying guests.

2.    Property requirements. One (1) residential sports court (including applicable walls and/or fences) may be permitted on a lot of record

3.    Location. Within the A-1, R-1 and R-2 zone districts, residential sports courts shall be located in the rear or side yard area only and shall not extend into any required setback. No residential sports court may be located between the front lot line and front façade of the primary residential structure. Within the R-3 zone district, courts shall not be located in any required front, rear or side yard setback area.

4.    Yards and building separation. Within the A-1 and R-1 zone district, minimum setbacks for residential sports courts, measured from the property line to the court fence, paved or hard court edge shall be as follows:

a.    Five (5) feet for unlighted sports courts less than ten (10) feet in height.

b.    Ten (10) feet for unlighted sports courts between ten (10) and fifteen feet in height.

c.    Fifteen (15) feet for any lighted sports court.

d.    Structural separation between the residential sports court fence and any other fence, building, or structure shall be a minimum of ten (10) feet.

Within the R-2 and R-3 zone district, structural separation between the court fence, paved or hard court edge and any other fence, building or structure shall be ten (10) feet.

5.    Fence standards. Residential sports court fencing shall not exceed fifteen (15) feet in height. The fence may be plastic-coated chain link, colored dark green, dark brown or black, or dark-colored mesh netting or wind screen material. No galvanized chain link, or solid fencing is permitted.

6.    Lighting. No lighting for Residential sports courts shall be permitted without conforming to the following minimum standards:

a.    Light standards shall not exceed fifteen (15) feet in height above the grade of the sports court.

b.    Light fixtures shall be located a minimum of 15 (fifteen) feet from any property line and shall not be located within any front or side yard setback.

c.    Lighting fixtures shall be focused directly downward and be designed with sharp cut-off shields to prevent glare onto adjacent properties.

d.    Lighting for residential sports courts shall not be used between the hours of 9:00 p.m. and 8:00 a.m.

7.    Lot coverage. Residential sports courts shall not be included in calculations for lot coverage and may be included in calculations of open space requirements. The graded area for a tennis or game residential sports court shall not exceed 7,700 square feet.

8.    Grading associated with the development of residential play courts shall comply with the following:

a.    Retaining walls constructed for a court exceeding four feet in height at any point along the wall shall be reviewed and approved by the Director of Planning and the City Engineer.

b.    A Residential sports court shall not be located on slopes where the natural terrain prior to grading exceeds a 2:1 grade or within natural drainages.

9.    Screening. A residential sports court shall be adequately screened on all sides facing a rear or side lot line. Such screening shall be composed primarily of landscaping which shall be maintained in a healthy condition. All landscaping and irrigation plans will be reviewed and approved by the City Engineer.

C.    Review process. Residential sports courts shall require Minor Site Plan Review approval in accordance with the procedures and requirements of PMC 17.26.120.

17.91.100 Caretaker’s Residences

(Zoning Ordinance Amendment 95-6 adopted by City Council April 10, 1996.)

A.    Purpose and intent

It is the purpose of these regulations to establish specific standards for full-time caretaker’s residences within the OR, A-1, C-3, C-5 and industrial zones. (Regulations for temporary caretaker’s residences are provided in PMC 17.27.030(B)(3)). The intent is to permit caretaker’s residences where a need exists, based on the type of use, for full time security personnel or a superintendent to be present on-site. Caretaker’s residences, where permitted by the zone, are allowed only as an accessory use.

B.    Development standards

In the OR, A-1, C-3, C-5 and industrial zones, a caretaker’s residence shall be permitted as an accessory structure on a lot or site containing a primary open space or recreation, commercial, agricultural, or industrial use, subject to the following standards:

1.    Limited use. A caretaker’s residence may be occupied only by a caretaker or superintendent and their families. No other residential occupancy is permitted. A caretaker’s residence shall not be used as office space.

2.    Property requirements. A caretaker’s residence may be permitted only on properties in the OR, A-1, C-3, C-5 and industrial zones which contain a primary open space or recreation, agricultural, commercial or industrial use. Only one caretaker’s residence shall be permitted per lot of record.

3.    Construction standards. All construction of detached caretaker’s residences shall meet the minimum construction standards for single family residences as contained in PMC 17.41.090(G). All construction of attached caretaker’s residences shall meet the applicable construction standards for multi-family residences contained in PMC 17.42.090(G). All caretaker’s residences shall be affixed to a permanent foundation.

4.    Design and materials. Caretaker’s residences shall be designed and constructed with materials that are comparable to and compatible with any structures constructed for the primary use, if applicable, except that those construction materials which are prohibited under the appropriate construction standard requirements shall not be used for caretaker’s residences.

5.    Driveway access. The driveway serving the primary use shall also serve the caretaker’s residence.

6.    Pedestrian access. Each caretaker’s unit shall be provided with a separate outside entrance, with adequate pedestrian access from a public street to the entrance.

7.    Parking. A minimum of one (1) covered parking space, in a permitted location, shall be provided on the same lot as the caretaker’s residence, in addition to the required parking spaces serving the primary use.

8.    Yards. A caretaker’s residence shall not be constructed within a yard or setback area required by the zone or for the primary use.

C.    Review process. A caretaker’s residence which is added to an existing facility shall be subject to administrative review and approval by the Director of Planning, pursuant to PMC 17.26.040, where permitted by the zone. Caretaker’s residences that are intended to be incorporated into the overall site plan design of the property and constructed at the same time as the primary use shall be reviewed and approved as part of the development application for the primary use.”

17.91.110 Large Residential Care Facilities (Assisted Living Facilities ALFs)

(Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.) (Zoning Ordinance Amendment 08-01, March 3, 2010.)

A.    Purpose and intent

It is the purpose of these regulations to establish specific standards for assisted living facilities. The intent is to ensure that adequate services and facilities are available to meet the special housing needs of individuals who require assistance with day to day living due to a handicap or illness.

B.    Development standards

All assisted living facilities shall conform to the following standards, except that when the facility provides individual units that can be considered “dwelling units” as defined in PMC 17.16.040(D) with individual kitchens, the facility shall be subject to the development standards for senior housing projects (PMC 17.91.040):

1.    Property requirements: The parcel upon which the ALF is to be established shall conform to all standards of the underlying land use and zone district.

2.    Occupancy limitations: Resident occupancy shall be limited to persons which require some form of personal assistance with day to day living due to a handicap or illness and their spouses, and caregivers who live on-site.

3.    Density: Assisted living facilities which do not include individual kitchen facilities shall not be subject to density requirements. If the facility does include individual kitchen facilities and the units can be considered “dwelling units” as defined in PMC 17.16.040(D), the facility shall be subject to the density requirements for the underlying land use and zone district.

4.    Minimum floor area: The minimum floor area of each resident bedroom is subject to the approval of the reviewing authority. If the units can be considered “dwelling units” as defined in PMC 17.16.040(D) with individual kitchens, the minimum floor area shall be subject to the standards for senior housing (PMC 17.91.040(B)(4)).

5.    Resident bedroom requirements: Each resident bedroom shall include bathroom, closet, and areas for sleeping and sitting. All bedrooms shall meet current requirements for handicap accessibility. The bedrooms shall provide the necessary safety equipment (safety bars, etc.), as well as emergency signal/intercom systems.

6.    Common facilities: Assisted living facilities shall provide the following common areas which shall be centrally located and accessible to all residents:

a.    kitchen(s)

b.    dining room(s)

c.    laundry facilities

d.    restrooms

e.    lounges that provide television and areas for socializing and sitting

7.    Recreation and entertainment areas shall also be provided at a minimum of 1200 square feet or 25 square feet per unit, whichever is greater, for facilities with one (1) to one hundred (100) units; and a minimum of 1600 square feet or 10 square feet per unit, whichever is greater, for facilities of over one hundred (100) units. Examples of recreation and entertainment facilities that can be provided to meet the minimum area requirements are as follows but are not limited to:

a.    activity areas

b.    workshops

c.    outdoor patios

d.    walking paths

8.    Parking: Off-street parking shall be provided in accordance with Chapter 17.87 PMC, Off-Street Parking, and the following:

a.    All required off-street parking shall be located a maximum of one hundred fifty (150) feet from at least one entrance to the facility.

b.    If a shuttle stop is located on the property, shaded waiting areas and adequate and suitably striped paved areas for shuttle parking shall be provided adjacent to the shuttle stops.

c.    Assisted living facilities parking requirements may be adjusted on an individual project basis, subject to a parking study based on the type of care assistance provided, and the location and proximity to services including but not limited to medical offices, shopping areas, mass transit, etc.

9.    Bus turnouts and shelters: A bus turnout and shelter may be required as determined by the reviewing authority if the project is located on a designated arterial and adjacent to existing/future bus route(s).

10.    Driveways: Driveway approaches shall be delineated with interlocking pavers, rough textured concrete, landscaped medians or similar features. Stamped concrete shall not be allowed to meet this requirement.

C.    Other Standards:

1.    Handicapped access. In addition to the handicap requirements for the resident bedrooms listed above, the main pedestrian entrance to the development, common areas, and the parking facility shall be provided with handicapped access. Handrails shall be provided along both sides of corridors accessible to residents.

2.    Elevator access: All assisted living facilities that are two-stories or greater are required to provide an elevator(s). The elevator(s) must be accessible to all rooms above the first floor and large enough to accommodate a gurney.

3.    Security and Lighting: The project shall be designed to provide security for residents, guests, and employees. Adequate internal and external lighting, including walkways, shall be provided for security purposes. The lighting shall be energy efficient, stationary, deflected away from adjacent properties and public rights-of-way, and of an intensity compatible with the surrounding neighborhood. Internal lighting shall be bright enough to ensure safety.

4.    Trash areas: Trash areas not located within a building shall be paved and located a minimum of five (5) feet from a private street or drive aisle. Such areas shall be consistent with the standards contained in PMC 17.85.010. A minimum of one (1) trash area shall be provided for each building.

5.    Other requirements: Assisted living facilities shall conform with all local, state, and federal requirements.

D.    Review Process

Assisted living facilities shall be subject to the applicable review requirements of the zone district.

17.91.120 Reserved

17.91.130 Sober Living Home

(Zoning Ordinance Amendment 08-01, adopted by City Council March 3, 2010.)

A.    Purpose and Intent.

It is the purpose of these regulations to establish specific standards for Sober Living Homes. The intent is to ensure that there are adequate residential uses for true sober living homes while also protecting residents of residential zones from adverse effects of uses which are not true recovery homes.

B.    Development and Use Standards

1.    Use Restrictions. All Sober Living shall conform to the following definition, requirements and standards:

A Sober Living Home means the use of a residential dwelling structure or unit for a cooperative living arrangement to provide an alcohol and drug free environment for persons recovering from alcoholism or alcohol and/or drug abuse who seek a living environment in which to remain clean and sober; and which demonstrates each of the following identifying characteristics that shall serve to distinguish the sober living home, as a use of residential property, from similar land uses such as drug treatment facilities or community care facilities that are subject to state licensing requirements and from all other uses of residential property:

a.    No more than six persons, including live-in managers, operators, or owners, reside on the premises;

b.    All residents, including live-in managers, operators, or owners, are recovering from alcohol and/or drug abuse;

c.    All residents actively participate in legitimate programs, including, but not limited to, Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) programs, and maintain current records of meeting attendance;

d.    All owners, managers, operators, and residents observe and promote a “zero tolerance” policy regarding the consumption or possession of alcohol and controlled substances, except for prescription medications obtained and used under direct medical supervision;

e.    There is a written policy dealing with the use of drugs or alcohol;

f.    Owners, operators, managers and residents do not provide on-site any of the following services as they are defined by Section 10501(a)(6) of Title 9, California Code of Regulations:

i)    detoxification;

ii)    educational counseling;

iii)    individual or group counseling sessions;

iv)    treatment or recovery planning;

g.    The number of residents subject to the sex offender registration requirements of Penal Code Section 290 does not exceed the limit set forth in Penal Code Section 3003.5 and Chapter 9.10 PMC and does not violate the distance provisions set forth in Penal Code Section 3003 and in Chapter 9.10 PMC;

h.    Residents do not require non-medical care and/or supervision as those terms are defined at Health & Safety Code Section 1503.5 and Section 80001(c)(3) of Title 22 of the California Code of Regulations;

i.    The operators and/or residents maintain current membership in a recognized nonprofit organization of sober living homes that provide a credible quality assurance service for applicants or members or have received a sober living home certification from the State of California Department of Alcohol and Drug Programs; and

j.    Owners, managers, operators, and residents ensure that the property and its use comply with all applicable state and local laws.

2.    Property requirements: The parcel upon which the Sober Living Home is located shall conform to all standards of the underlying land use and zone district.

3.    Occupancy limitation: Resident occupancy shall be limited to six (6) persons.

C.    Review process

Sober Living Homes shall be subject to administrative approval by the Planning Director pursuant to PMC 17.26.030, Zoning Clearance Review.

17.91.140 Alcohol & Drug Treatment Facility

(Zoning Ordinance Amendment 08-01, adopted by City Council March 3, 2010.)

A.    Purpose and Intent.

It is the purpose of these regulations to establish specific standards for Alcohol & drug treatment facilities which house seven or more persons. The intent is to insure that there are adequate alcohol and drug treatment facilities while also protecting adjacent land uses from adverse effects of such uses.

B.    Development and Use Standards

1.    Use Restrictions. All Alcohol & Drug Treatment Facilities shall conform to the following, requirements and standards:

a.    State License Required. Only facilities licensed as such by the state are permitted pursuant to this Section.

b.    Occupancy Requirements. Occupancy shall be limited to persons recovering from alcoholism or alcohol and/drug abuse.

c.    All residents must actively participate in legitimate programs, including, but not limited to, Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) programs, and maintain current records of meeting attendance;

d.    All owners, managers, operators, and residents observe and promote a “zero tolerance” policy regarding the consumption or possession of alcohol and controlled substances, except for prescription medications obtained and used under direct medical supervision;

e.    There is a written policy dealing with the use of drugs or alcohol;

f.    The number of residents subject to the sex offender registration requirements of Penal Code Section 290 does not exceed the limit set forth in Penal Code Section 3003.5 and Chapter 9.10 PMC and does not violate the distance provisions set forth in Penal Code Section 3003 and in Chapter 9.10 PMC;

g.    Owners, managers, operators, and residents ensure that the property and its use comply with all applicable state and local laws.

2.    Property requirements:

a.    The parcel upon which the Alcohol & Drug Free Residential Recovery Home is located shall conform to all standards of the underlying land use and zone district.

b.    Location.

i)    The facility shall be accessible to necessary support services.

ii)    To avoid over-concentration of Alcohol & drug treatment facilities, there shall be a five-thousand-foot separation requirement as measured from the nearest outside building walls between the subject use and any sober living home or other alcohol & drug treatment facility.

iii)    An alcohol & drug treatment facility shall not be located within 1,000 feet of a public or private school (pre-school through twelfth grade), universities, colleges, student housing, senior housing, child care facilities, public parks, or businesses licensed for on- or off-site sales of alcoholic beverages as measured from any point on the outside walls of the shelter to the nearest property line of the noted use.

c.    Parking: Off-street parking shall be provided in accordance with Chapter 17.87 PMC, Off-Street Parking, and the following:

i)    All required off-street parking shall be located a maximum of one hundred fifty (150) feet from at least one entrance to the facility.

ii)    If a shuttle stop is located on the property, shaded waiting areas and adequate and suitably striped paved areas for shuttle parking shall be provided adjacent to the shuttle stops.

iii)    Parking requirements may be adjusted on an individual project basis, subject to a parking study based on the type of care assistance provided, and the location and proximity to services including but not limited to medical offices, shopping areas, mass transit, etc.

d.    Bus turnouts and shelters: A bus turnout and shelter may be required as determined by the reviewing authority if the project is located on a designated arterial and adjacent to existing/future bus route(s).