Chapter 18.04
R-1 ZONE

Sections:

18.04.010    Uses permitted.

18.04.020    Conditional uses.

18.04.021    Prohibited uses.

18.04.025    Commercial events.

18.04.030    Automobile storage.

18.04.040    Building height.

18.04.050    Chimney height.

18.04.060    Utility meter location.

18.04.070    Front yard.

18.04.080    Side yard.

18.04.090    Rear yard.

18.04.100    Setbacks and covenants.

18.04.105    Lot coverage.

18.04.110    Frontage.

18.04.120    Dwelling size.

18.04.130    Second dwelling units.

18.04.140    Allowable floor area.

18.04.145    Mechanical equipment noise.

18.04.150    Alterations – Limitations.

18.04.160    Coastal zone limitations on development in bluffs.

Prior legislation: Ords. 335, 393 and 601.

18.04.010 Uses permitted.

The following uses are permitted in the R-1 zone:

A. A one-family dwelling of a permanent character, placed in a permanent location and used by but one family;

B. Home occupations complying with all of the criteria set forth in PVEMC 18.42.030 and approved by the finance director;

C. Small residential care facilities;

D. The following accessory buildings and uses, provided there is a main building on the premises:

1. Private recreational facilities,

2. Private bath house, private greenhouse, private gardens or private service yard,

3. Private shed or private workshop;

E. The keeping of domestic animals only and excluding all other animals. (Ord. 709 § 3, 2014; Ord. 700 § 2 (Exh. 1), 2012; Ord. 567 § 2, 1993; Ord. 441 § 1, 1987; Ord. 374 § 1, 1983; Ord. 84 § 5.1, 1948)

18.04.020 Conditional uses.

The following uses may be permitted in the R-1 zone if a conditional use permit is obtained in the manner prescribed by this code:

A. Agriculture and horticulture, flower and vegetable gardening, nurseries and greenhouses used only for purposes of propagation and culture and not including any sale at retail from the premises nor any signs or displays; provided, however, that field, bush or tree crops may be raised and marketed;

B. Churches, temples and other places of public worship;

C. Public utilities, both publicly and privately owned, subject to the off-street parking provisions in PVEMC 18.12.060;

D. Bed and breakfast inn;

E. Communal housing;

F. Agricultural employee housing in conformance with Cal. Health & Saf. Code §§ 17021.5 and 17021.6.

G. Second dwelling units exceeding the standards set forth in PVEMC 18.04.130. (Ord. 714 § 3, 2015; Ord. 709 § 4, 2014; Ord. 700 § 2 (Exh. 1), 2012; Ord. 651 § 2, 2003; Ord. 567 § 2, 1993; Ord. 441 § 2, 1987; Ord. 386 § 2, 1984; Ord. 374 § 2, 1983; Ord. 84 § 5.10, 1948)

18.04.021 Prohibited uses.

The following uses are prohibited in the R-1 zone:

A. Cannabis delivery, including the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed by the state under the Medical Marijuana Regulation and Safety Act, which enables persons, qualified patients, and/or primary caregivers to arrange for or facilitate the commercial transfer of medical marijuana or medical marijuana products, defined in Cal. Health & Saf. Code Chapter 3.5, as may be amended.

B. Commercial cannabis activities, including cultivation, possession, manufacture, possessing, storing, laboratory testing, labeling, transporting, distribution, or sale of medical marijuana or medical marijuana products, except as set forth in Cal. Bus. & Prof. Code § 19319, related to qualified patients and/or primary caregivers.

C. Cultivation of cannabis or medical marijuana, including the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, defined in Cal. Health & Saf. Code Chapter 3.5, as may be amended.

D. Short-term or vacation rental.

E. Short-term or vacation rental advertisement. No person or entity shall maintain any advertisement of a rental prohibited by this section.

F. All other similar uses deemed detrimental to the public health and safety of residents and quality of life. The decision of the approving authority as to whether a particular use is detrimental shall be made during the site plan review process. (Ord. 717 § 3, 2016; Ord. 716 § 2, 2016)

18.04.025 Commercial events.

Any event located on property which includes a single-family dwelling, anticipating or prepared to accommodate more than twenty people, where the property owner or his or her representative advertises, requests, or charges an admission fee, rental fee, or other form of payment for the use of the property or any facilities or residence located on the property shall be prohibited. Any event held in violation of this section is declared to be a public nuisance punishable as a misdemeanor. Any person owning property found to be in violation of this section and any other person found to have paid for, rented, or otherwise occupied such property in violation of this section shall be jointly and severally liable for any and all penalties that may be imposed pursuant to PVEMC 1.16.010 and/or Chapter 8.48 PVEMC. (Ord. 700 § 2 (Exh. 1), 2012)

18.04.030 Automobile storage.

In the R-1 single-family residence zone there shall be at least two accessible automobile storage spaces in an enclosed garage for each single-family residence; provided, that on lots or parcels of land having an area of twelve thousand square feet or less such private garage shall not exceed an aggregate total capacity for more than three automobiles. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 473 § 1, 1988)

18.04.040 Building height.

The maximum building height in the R-1 zone shall be two and one-half stories; provided, however, that in no event shall any building exceed thirty feet in height at any point above natural grade at that point. On a downslope lot with a single street frontage, where the slope of the lot measured from a plane defined by the two front corners of the lot and the natural grade at either of the rear corners of the building exceeds two and one-half to one, the height of the building may be one additional story and may be thirty-five feet in height at any point above natural grade at that point, so long as it does not exceed a height of sixteen feet above the centerline of the street directly in front of that same point. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 397 § 1, 1985; Ord. 303 § 1, 1974; Ord. 271 § 1, 1970; Ord. 84 § 5.3, 1948)

18.04.050 Chimney height.

In the R-1 single-family residence zone:

A. The maximum height of a chimney stack shall be the minimum height allowed by the building code; and

B. No chimney cap shall exceed thirty inches in height measured from the top of the chimney stack. Exceptions to the requirements of this section may be permitted by the city council after considering the recommendation of the planning commission based upon the determination that the exception is necessary for the architectural integrity of the project or for the public health and safety. Application for an exception shall be filed and processed pursuant to the procedures applicable to conditional use permits. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 679 § 1, 2007)

18.04.060 Utility meter location.

No above-ground utility meters and appurtenant electrical distribution devices shall be erected in the required front yard, as defined in this chapter, unless a special permit is applied for and obtained from the planning commission. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 547 § 1, 1992)

18.04.070 Front yard.

Except as set forth in PVEMC 18.04.100, no building in the R-1 zone shall be erected nearer to either the front property line of the building site or the line of any future street as shown on the official street plan than is permitted by the covenants of record on each and every tract within the city on file in the office of the county recorder of Los Angeles County as of July 27, 1993. Notwithstanding the foregoing, incidental architectural features, including but not limited to eaves, fireplaces and bay windows, may intrude into a front yard setback, provided such intrusion does not exceed forty percent of the front yard setback distance otherwise required by this section or five feet, whichever is less. (Ord. 714 § 4, 2015; Ord. 700 § 2 (Exh. 1), 2012; Ord. 571 § 2, 1993; Ord. 84 § 5.5, 1948)

18.04.080 Side yard.

Except as set forth in PVEMC 18.04.100, no building in the R-1 zone shall be erected nearer to the side property lines of the building site than is permitted by the covenants of record on each and every tract within the city on file in the office of the county recorder of Los Angeles County as of July 27, 1993; provided, however, that in no case shall the side yard setback be less than five feet for a one-story building, or seven feet for a two-story building, or eight feet for a two-and-one-half-story building. Notwithstanding the foregoing, incidental architectural features, including but not limited to eaves, fireplaces and bay windows, may intrude into a side yard setback, provided such intrusion does not exceed forty percent of the side yard setback distance otherwise required by this section or five feet, whichever is less. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 571 § 3, 1993; Ord. 84 § 5.6, 1948)

18.04.090 Rear yard.

Except as set forth in PVEMC 18.04.100, no building in the R-1 zone shall be erected nearer to the rear property line of the building site than is permitted by the covenants of record on each and every tract within the city on file in the office of the county recorder of Los Angeles County as of July 27, 1993. Notwithstanding the foregoing, incidental architectural features, including but not limited to eaves, fireplaces and bay windows, may intrude into a rear yard setback, provided such intrusion does not exceed forty percent of the rear yard setback distance otherwise required by this section or five feet, whichever is less. (Ord. 714 § 5, 2015; Ord. 700 § 2 (Exh. 1), 2012; Ord. 571 § 4, 1993; Ord. 84 § 5.7, 1948)

18.04.100 Setbacks and covenants.

A. Notwithstanding any amendment or other change in any setback requirement set forth in any covenant of record effectuated after July 27, 1993, for purposes of this code, the setbacks for residentially zoned property shall remain as set forth in the covenants of record applicable to the lot as of July 27, 1993, unless a variance for an alternative setback is obtained pursuant to Chapter 17.24 PVEMC.

B. The minimum setback requirements for any property which is zoned R-1 or R-M but which is classified under any covenants of record for any use less restrictive than single-family residential use shall be established by the planning commission, provided such setback requirements shall not be less than the smallest setbacks established for any property classified as being in residence district class A in the covenants of record otherwise applicable to such property as of July 27, 1993, unless a variance is obtained pursuant to Chapter 17.24 PVEMC, nor shall such setbacks be greater than the largest setbacks established for such property by such covenants. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 571 § 5, 1993)

18.04.105 Lot coverage.

In the R-1 single-family residence zone, in no case shall more than thirty percent of any lot or building site be covered by buildings. In no case shall more than sixty-five percent of any lot be covered by permanent structures and pavement, including buildings as well as driveways and walkways or other similar features.

The public works director may reduce the sixty-five percent lot coverage permitted on any lot where he finds that such reduction is necessary to avoid the proposed development having an adverse impact on the city’s storm drain system. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 473 § 1, 1988)

18.04.110 Frontage.

Except in multiple-dwelling developments or where otherwise provided in this title or PVEMC Title 17, every dwelling in the R-1 zone shall face or front upon a street or permanent means of access to a street, and in no event shall any dwelling face or front upon an alley. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 84 § 5.85, 1948)

18.04.120 Dwelling size.

Every dwelling erected after the effective date of the ordinance codified in this title and PVEMC Title 17 in any R-1 district shall have a minimum ground floor area of not less than twelve hundred square feet, exclusive of unroofed porches, and its architecture and general appearance shall be in keeping with the character of the neighborhood and such as not to be detrimental to the general welfare of the community in which it is located. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 84 § 5.9, 1948)

18.04.130 Second dwelling units.

The following provisions shall apply to the construction of all second units:

A. The lot on which a second dwelling unit is constructed shall contain only one single-family dwelling unit as the primary use.

B. Except as otherwise set forth in this section, construction of the second dwelling unit shall conform to height, setback, lot coverage, fees, charges and other zoning requirements generally applicable to residential construction in the zone in which the lot is located and to the applicable requirements of the city building code and shall be included with the primary residence in determining whether the lot meets those requirements.

C. A minimum of three enclosed, accessible garage parking spaces shall be provided on the lot containing the second dwelling unit.

D. There shall be no more than one second dwelling unit on the same lot as the one-family dwelling.

E. The second dwelling unit shall contain no more than one bedroom.

F. Either the primary or second dwelling unit shall be owner-occupied.

G. A mobilehome shall not be permitted as a second dwelling unit.

H. If the second dwelling unit is attached to the primary dwelling, the increased floor area of the second dwelling unit shall not exceed thirty percent of the existing living area.

I. If the second dwelling unit is detached, it shall not exceed seven hundred square feet and shall be separated from the primary unit by a minimum distance of twenty feet. A second dwelling unit attached to a garage shall not be permitted.

J. A second dwelling unit that complies with the requirements of this section shall be permitted on any lot having a minimum of fifteen thousand square feet.

K. A conditional use permit shall be required for detached second dwelling units exceeding the standards set forth in subsection I of this section or locating on a lot between ten thousand and fourteen thousand nine hundred ninety-nine square feet. Second dwelling units are not permitted on lots having less than ten thousand square feet.

L. The primary and second dwelling units shall remain under the same ownership. Prior to the issuance of a building permit for a second dwelling unit, the property owner shall provide written proof to the planning director that an unsubordinated covenant setting forth the following requirements, in a form satisfactory to the director and the city attorney, has been recorded in the office of the county recorder:

1. A reference to the deed under which the property was acquired by the owner;

2. The second dwelling unit shall not be sold separately, and the lot upon which the unit is located shall not be subdivided in any manner which would authorize such sale or ownership;

3. The second dwelling unit shall be a legal unit, and may be used as habitable space, only so long as either the primary dwelling unit or the second dwelling unit is occupied by the owner of record of the lot; and

4. The restrictions shall be binding upon any successors in ownership of the lot.

M. No private sewage disposal system shall be used for either the primary or second dwelling unit.

N. The massing of the second dwelling unit shall clearly be subordinate to the primary unit.

O. No second dwelling unit shall be permitted on a lot with frontage on two streets or frontage on one street and an alley, whether paved or unpaved.

P. If construction for the second dwelling unit is not located entirely within the confines of an existing structure on the property, the rear and side yard setbacks for such new construction shall be a minimum of twenty feet from the property lines and the front setback shall comply with previously established front setback requirements for the specific building site.

Q. The maximum height of any new construction required for a second dwelling unit shall not exceed eighteen feet from any portion of the building above natural grade. (Ord. 714 § 6, 2015; Ord. 700 § 2 (Exh. 1), 2012; Ord. 651 § 3, 2003; Ord. 441 § 4, 1987; Ord. 386 § 3, 1984)

18.04.140 Allowable floor area.

In the R-1 single-family residence zone, the maximum floor area allowable shall be the lesser of thirty percent of the lot area plus one thousand seven hundred fifty square feet or fifty percent of the lot area. The square footage of a cellar shall be excluded in calculating the floor area of a building. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 599 § 2, 1996; Ord. 512 § 1, 1990; Ord. 473 § 1, 1988)

18.04.145 Mechanical equipment noise.

A. For purposes of this section, “mechanical equipment” means any motorized equipment which is permanently installed on real property for the purpose of carrying out or providing a service on such property, including but not limited to generators (whether intended for emergency or full-time use), furnaces, air conditioners, pool and spa equipment, motors which run fountains or kinetic sculptures, and similar items.

B. Mechanical equipment in the R-1 single-family zone shall not generate noise at any property line that is more than five decibels higher than the ambient noise level at the property line at the time of measurement.

C. A mechanical equipment permit shall be required for the installation or replacement of mechanical equipment in the R-1 single-family residence zone. A mechanical equipment permit application shall be filed with the director on a form prescribed by the director.

D. Mechanical equipment shall not be located in any setback, unless the director finds that the proposed placement shall not adversely impact any other property.

E. Each decision of the director to approve mechanical equipment located in any setback shall be reported to the city council and the planning commission according to procedures established by the director. Notice of the decision shall be mailed to the applicant and all owners of real property abutting, across the street or alley from, or having a common corner with the subject property.

F. An interested party may appeal a decision of the director under this section to the planning commission by filing a written appeal with the director within fifteen days after such decision and paying the established appeal fee. The planning commission shall approve, approve with conditions, or disapprove the application in accordance with applicable criteria and requirements specified by law. The planning commission determination shall be final unless appealed to city council. (Ord. 714 § 7, 2015; Ord. 700 § 2 (Exh. 1), 2012; Ord. 681 § 1, 2007)

18.04.150 Alterations – Limitations.

Notwithstanding the provisions of PVEMC 18.04.030, 18.04.105 and 18.04.140, remodel or repair of any lawfully constructed building, structure or feature may be undertaken even if such remodeling or repairing involves structural alteration, provided the building was constructed before June 14, 1988, and the remodeling or repair does not extend or enlarge the exterior of the building, structure or feature. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 486 § 1, 1989; Ord. 473 § 1, 1988)

18.04.160 Coastal zone limitations on development in bluffs.

Structures, additions to structures, grading, stairways, pools, tennis courts, spas or solid fences may be constructed on private property on, or within fifty feet of, the bluff edge only after preparation of a geologic report and findings by the city that the proposed structure, addition, grading, stairway, pool, tennis court, spa, and/or solid fence:

A. Poses no threat to the health, safety and general welfare of persons in the area by reason of identified geologic conditions which cannot be mitigated; and

B. The proposed structure, addition, grading, stairway, pool, tennis court, spa, and/or solid fence will minimize alteration of natural landforms and shall not be visually intrusive from public view points in the coastal zone. Permitted development shall not be considered visually intrusive if it incorporates the following to the maximum extent feasible:

1. The development is sited on the least visible portion of the site as seen from public view points;

2. The development conforms to the scale of existing surrounding development;

3. The development incorporates landscaping to soften and screen structures; and

4. The development incorporates materials, colors, and/or designs which are more compatible with natural surroundings. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 535 § D, 1991)