Chapter 17.57
PROPERTY DEVELOPMENT STANDARDS—RESIDENTIAL
Sections:
17.57.020 Residential Development Standards.
17.57.025 Two (2) Unit Residential Developments.
17.57.030 Multifamily Residential Development Standards.
17.57.040 Accessory Buildings and Structures.
17.57.050 Distance Between Buildings.
17.57.010 Purpose.
It is the purpose of this chapter to provide development standards to all properties and structures permitted within residential zones. The following property development standards apply to all residential property and structures. The dimensions shown are the minimum required, unless otherwise stated. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 20-10 § 6, 12/8/20)
17.57.020 Residential Development Standards.
A. Architecture. All new single-family homes shall be designed with architectural treatments and articulation on all sides (three hundred sixty (360) degree architecture). Building materials shall be high quality, durable, and natural-appearing. Homes on corner lots or view corridors that are more visible to the public shall require a higher level of design on the more prominent elevations.
B. Rear Yard Coverage. Not more than fifty percent (50%) of the required rear yard shall be covered by buildings or other roofed structures.
C. Buildings and structures exceeding two (2) stories or thirty-five (35) feet in height, whichever is more restrictive, shall require approval of a conditional use permit.
D. Covered patios which are enclosed on more than two (2) sides with any material including detachable screens, glass or plexiglass panels shall be considered an enclosed patio and, at the discretion of the Director, shall meet all code requirements for new construction. Proposals may be subject to conditions of approval. Consideration shall be given to whether the proposed structure will be visible from the street or from adjacent and neighboring lots. At the discretion of the Director, compatibility with existing structures shall be maintained including roof style, finishes, colors, trims and architectural themes.
E. Air conditioners, antennas, heating, cooling and ventilating equipment and all other mechanical, lighting or electrical devices shall be operated so that they do not disturb the peace, quiet and comfort of adjacent and neighboring occupants, and shall be screened, shielded and/or sound buffered from surrounding properties and streets. All equipment shall be installed and operated in accordance with all other applicable ordinances. Heights of said equipment, excluding antennas, shall not exceed the required height of the underlying zone.
F. Metal Siding. Siding for new single-family homes shall reflect the character of surrounding homes and residential uses and shall not be composed primarily of metal.
G. Sloped Roof. The primary roof of new single-family dwellings shall be sloped with a minimum incline of two to twelve (2:12) feet. New additions which change the roofline of existing single-family residences shall have sloped roofs where consistent with the existing design of the house and surrounding neighborhood. This sloped roof requirement does not apply to open patio covers. An adjustment shall be obtained in accordance with Section 17.24.100 (Adjustments) for residential roof slopes of less than two to twelve (2:12). Alternate roof designs associated with rooftop solar installations may be approved in accordance with Section 17.23.100 (Administrative Permit).
H. Modifications of Garages. Conversions of existing required garages into habitable space are permitted only following the issuance of a certificate of occupancy for a new garage consistent with the residential parking requirements. Modifications shall not be permitted which reduce the interior dimensions to less than twenty (20) feet by twenty (20) feet for two (2) car garages, or two (2) ten (10) foot by twenty (20) foot garages in the case of single car garages. Clear entry shall be provided for all garages at a minimum of sixteen (16) feet for two (2) car garages and eight (8) feet for single car garages. Accessory dwelling units located within a garage shall be subject to Section 17.57.040(L).
I. Any new residential development, tract map, and/or parcel map that is located within five hundred (500) feet from the edge of right-of-way from Interstate 5 and/or State Route 14 shall require a health risk assessment to determine air quality impacts on sensitive uses.
J. Flag Lots. The flag portion of a flag lot, if permitted, shall not be counted toward the minimum lot area requirement. Flag strips shall have a minimum width of twenty (20) feet except where they form a common driveway with other such access strips. Maximum singular or shared driveways do not need to exceed the roadway width for fire truck access as established by the Fire Department.
K. Roof-mounted or installed air conditioners shall be prohibited on residential development. This however shall not preclude the replacement of existing legal roof-mounted air conditioners with new units which are the same general dimensions of the original unit.
L. All development adjacent to rail lines throughout the City shall be designed to be sensitive to the rail lines, with consideration given to the safety of the rail corridor.
M. All light sources shall be directed downward and shielded from streets or adjoining properties. Illuminators should be integrated within the architecture of the building.
N. Residential Lots Shall Be Kept Free of Vehicles. With the exception of the driveway, a person shall not keep, store, park, maintain or otherwise allow any vehicle or any vehicle part in the following:
1. Required front yard; and
2. Any additional area of a residential lot that is not predominantly screened from a public or private street by solid fencing, walls or vegetation. This shall not apply to residential lots that are over a gross quarter (1/4) acre (ten thousand eight hundred ninety (10,890) square feet) or in the special standard districts of Placerita Canyon, Happy Valley and Sand Canyon, as shown in Figure 17.57-1 (Residential Parking Areas).
Figure 17.57-1
Residential Parking Areas
O. Front Yard Landscaping. The following shall serve as a guideline for exemptions to the front yard landscape requirement, as shown in Figure 17.57-2 (Driveway Paving), subject to the approval of the Director:
1. Paving or other similar types of hardscape intended for vehicular use shall be permitted to extend a maximum of ten (10) feet into the adjacent side yard from the driveway past the width of the garage into that portion of the required front yard that is on the opposite side of the garage as the front door of the residence.
2. All proposals for paving or hardscape intended for vehicular use to extend beyond the ten (10) feet as permitted above shall be subject to review by the Director. The proposal shall be reviewed on the basis of compatibility with the surrounding neighborhood and with the intent of the code.
3. The approval of the City shall not supersede the approval of any other affected agency including, but not limited to, homeowners’ associations (HOAs) or similar entity. Covenants, conditions, and restrictions (CC&Rs) may apply to the property in question.
4. In cases of side-loaded/side-entry garages, paving for vehicular use shall be permitted in the required yard that is on the same side as the front door, subject to review by the Director. Landscaping shall be provided in the required front yard that is not approved for driveway paving.
5. No vehicles shall be permitted to traverse any area designated as landscaping in the required front yard.
6. Only in cases of unique lot shapes, and where no other alternative is available, shall paving or other similar types of hardscape intended for vehicular use extend from the driveway past the width of the garage into that portion of the required front yard that is on the same side of the garage as the front door of the residence. Any such request shall be subject to approval of an adjustment, pursuant to Section 17.24.100 (Adjustments).
7. In instances where a side yard has width to accommodate an additional driveway, a secondary driveway measuring ten (10) feet in width may be permitted in that portion of the required yard subject to the approval of an adjustment, pursuant to Section 17.24.100 (Adjustments). An additional driveway shall not affect front yard landscaping requirements: at least fifty percent (50%) of the required front yard shall be landscaped.
Figure 17.57-2
Driveway Paving
P. Width, Paving and Slope of Driveways. Access to parking spaces required by this code shall be developed in accordance with the following:
1. Driveways shall be not less than ten (10) feet wide.
2. Where this section requires that such access be paved, the pavement shall be not less than ten (10) feet in width throughout, except that a center strip over which the wheels of a vehicle will not pass in normal use need not be paved.
3. Unless modified by the City Engineer and approved by the Fire Department because of impacts to oak trees or topographical or other conditions:
a. No portion of a driveway providing access to parking areas shall exceed a slope of twenty percent (20%). Where there is a change in the slope of driveway providing such access, it must be demonstrated that vehicles will be able to pass over such change in slope without interference with their undercarriages.
b. Changes in slope along the run of a driveway must be at a maximum algebraic grade difference of ten percent (10%) per grade break for a minimum of ten (10) feet per grade break. This profile shall be measured along the maximum slope of the driveway. All grade breaks shall be rounded with a five (5) foot long vertical curve. (An exception is driveway approaches per APWA standards.)
4. All parcels less than one (1) acre in size shall have a solid/secure surface driveway (concrete, asphalt or other surface) that complies with the driveway standards to the satisfaction of the Director.
5. Where driveways are not perpendicular to the street, sufficient back-up room shall be provided to the satisfaction of the Director.
6. Circular driveways are not permitted for lots having less than ten thousand nine hundred eighty (10,980) square feet.
Q. Mobilehomes/Manufactured Homes on Residential Lots. Mobilehomes and manufactured homes as provided for in Chapter 17.42 (Residential Use Types) shall meet the following requirements:
1. The mobilehome or manufactured home shall be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.).
2. The mobilehome or manufactured home shall have been constructed less than ten (10) years prior to the date of the application for the issuance of permits to install such mobilehomes or manufactured homes.
3. The mobilehome or manufactured home shall be installed on permanent foundations on individual lots.
4. The mobilehome or manufactured home shall be installed in places which are not exempted pursuant to Government Code Section 65852.1(b) as having a special character or special historic interest.
5. All mobilehomes or manufactured homes shall possess roof eaves with overhangs that are consistent with the City’s Community Character and Design Guidelines and that comply with the Building Code and fire regulations.
6. All mobilehomes or manufactured homes shall possess a sloped roof with a minimum incline of two to twelve (2:12) feet.
7. The exterior walls or siding shall reflect the character of surrounding residential uses and shall not be composed primarily of metal.
R. Mobilehomes as Temporary Residences. A mobilehome may be used as a temporary residence during the construction of a permanent single-family residence as follows:
1. It shall be occupied only by the owner of such residence and their family.
2. It shall be occupied only while a building permit for the construction of such residence is in full force and effect.
3. It shall be in conformance with Section 17.23.200 (Temporary Use Permit).
4. Unless otherwise stated in Section 17.23.200 (Temporary Use Permit), the occupancy of vehicles, including recreational vehicles, trailers, or vessels, as a residence, temporary or permanent, is prohibited in all zones.
S. Residential units shall be limited to one (1) electric service meter per residential unit. An accessory dwelling unit or guest house shall not be considered a residential unit for this section.
T. The cultivation and storage of cannabis at private residences shall comply with standards set forth in Section 17.51.005. (Ord. 13-8 § 4 (Exhs. A, D), 6/11/13; Ord. 18-3 § 2, 4/10/18; Ord. 20-10 § 6, 12/8/20; Ord. 21-1 § 6 (Exh. A), 1/26/21)
17.57.025 Two (2) Unit Residential Developments.
A. Purpose and Findings.
1. The purpose of this section is to provide regulations for the establishment of two (2) unit residential developments in single-family residential zones and to define an approval process for such two (2) unit residential developments consistent with Government Code Section 65852.21, or any successor statute. The intent of this section is to provide opportunities for more affordable housing in existing single-family residential zones as mandated by State law. It is also the goal to provide development standards to ensure the orderly development of these units in appropriate areas of the City.
2. Two (2) unit residential developments are residential uses consistent with the uses permitted in single-family residential zones.
3. Government Code Section 65852.21 preempts the density limitations established by the General Plan and the underlying zones in which two (2) unit residential developments created pursuant to the requirements of this section are permitted. Incompatibility with the City’s density limitations shall not provide a basis to deny a two (2) unit residential development that otherwise conforms to the requirements of this section.
B. A two (2) unit residential development containing two (2) residential units within a single-family residential zone (NU1, NU2, NU3, NU4, NU5, UR1, UR2) shall be considered ministerially, without discretionary review or a hearing, if the proposed housing meets all of the standards set forth below. For purposes of this section, a two (2) unit residential development contains two (2) residential units if the development proposes two (2) new units or if it proposes to add one (1) new unit to one (1) existing unit.
1. If a parcel includes an existing single-family residence, one (1) additional unit of not more than eight hundred (800) square feet may be developed pursuant to this section. No more than twenty-five percent (25%) of the existing exterior structural walls shall be demolished to create the two (2) unit residential development, unless the existing single-family residence has not been occupied by a tenant in the last three (3) years.
2. If a parcel does not include an existing single-family residence, or if an existing single-family residence is proposed to be demolished in connection with the creation of a two (2) unit residential development, two (2) units of not more than eight hundred (800) square feet may be developed pursuant to this section.
3. Each unit in a two (2) unit residential development shall be separated by a distance of at least ten (10) feet from any other structure on the parcel; however, units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow separate conveyance.
4. Neither accessory dwelling units nor junior accessory dwelling units shall be permitted on a parcel if a two (2) unit development is proposed or has been approved.
C. A two (2) unit residential development shall be prohibited in each of the following circumstances:
1. The two (2) unit residential development would require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three (3) years.
2. The parcel subject to the proposed housing development is a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.
3. The parcel subject to the proposed housing development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or County landmark or historic property or district pursuant to a City or County ordinance.
4. If the two (2) unit residential development is on a parcel that is any of the following:
a. Either prime farmland or farmland of Statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
c. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subsection does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to Section 51179(b) of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures applicable to the development. Any site that meets the standards above must also comply with subsection (C)(5) of this section (two (2) means of access).
d. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
e. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
f. Within a special flood hazard area subject to inundation by the one percent (1%) annual chance flood (one hundred (100) year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable Federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subsection if either of the following are met: (i) the site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or (ii) the site meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
g. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with 44 CFR Section 60.3(d)(3). If a development proponent is able to satisfy all applicable Federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or other adopted natural resource protection plan.
i. Habitat for protected species identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
j. Lands under conservation easement.
5. Where a lot or any portion thereof is located in a high fire hazard severity zone, as defined by the Los Angeles County Fire Department, a two (2) unit residential development shall be prohibited on the lot unless it either fronts a highway and vehicles enter directly from the highway (as defined in Table C-2 of the General Plan Circulation Element), or it has two (2) means of direct vehicular access to a highway that meet the following requirements:
a. The two (2) distinct means of vehicular access, as measured from the lot frontage to the point of intersection with the highway, shall not overlap with each other; and
b. Each distinct means of vehicular access shall contain a paved or unpaved road of at least twenty-four (24) feet in width, exclusive of sidewalks, landscaping, and parking lanes.
D. Any construction of a two (2) unit residential development shall conform to all property development regulations of the zone in which the property is located including, but not limited to, height limits, setback, lot coverage, landscape, and floor area ratio (FAR), as well as all fire, health, safety and building provisions of this title, subject to the following exceptions:
1. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. Verification of size and location of the existing and proposed structure by City staff requires pre- and post-construction surveys by a California licensed land surveyor.
2. For all other dwelling units proposed in connection with a two (2) unit residential development, a minimum setback of four (4) feet, or the applicable setback for the zone district, whichever is less, is required from the rear and side property lines. All other setbacks shall be subject to the underlying zone.
3. Limits on lot coverage, floor area ratio, open space, and size must permit at least two (2) units of at least eight hundred (800) square feet in connection with a two (2) unit residential development.
4. New dwelling units proposed in connection with a two (2) unit residential development shall be no more than one (1) story and shall not exceed sixteen (16) feet, or the height of any existing dwelling unit that is to remain, whichever is most restrictive. A second unit shall not be constructed as a second story on top of an existing unit.
a. Exceptions. Projects that are exempt from the one (1) story height limit due to the eight hundred (800) square foot exemption must not exceed twenty-five (25) feet in height with a maximum top plate height (interior ceiling height) of eighteen (18) feet. If a third floor is necessary to meet the eight hundred (800) square-foot requirement the third floor must be completely subterranean; the ceiling must be below the natural grade.
b. Second Floor Stepbacks. Projects that are exempt from the one (1) story height limit due to the eight hundred (800) square-foot exemption must step back the second and third floor four (4) feet from the ground floor. This rule applies to only to the side yard, rear yard, and street side yard elevations.
5. Private Outdoor Space. A minimum of six hundred fifty (650) square feet of outdoor yard space shall be provided for each unit in a two (2) unit residential development. Land required for front yard setbacks, or occupied by buildings, driveways, or parking spaces may not be counted in satisfying this outdoor space requirement.
6. For a two (2) unit residential development connected to an on-site wastewater treatment system, the applicant shall provide a percolation test completed within the last five (5) years, or, if the percolation test has been recertified, within the last ten (10) years.
7. All dwelling units created in connection with a two (2) unit residential development shall have independent exterior access.
8. For applications that do not involve an urban lot split subdivision pursuant to Chapter 16.28, one (1) of the dwellings on the lot must be the bona fide principal residence of at least one (1) legal owner of the lot containing the dwelling, as evidenced at the time of approval of the two (2) unit residential development by appropriate documents of title and residency. Prior to the issuance of a building permit, the applicant shall provide evidence that a two (2) unit residential development covenant has been recorded stating that one (1) of the dwelling units on the lot shall remain owner occupied.
9. A rental of any unit in a two (2) unit residential development shall be rented for a term of longer than thirty (30) days.
10. Parking. At least one (1) fully enclosed parking space per unit is required, except that parking is not required if the parcel is located within one-half (1/2) mile walking distance of either a high-quality transit corridor, as defined in Section 21155(b) of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or if there is a car share vehicle located within one (1) block of the parcel. The parking space must maintain a minimum area of ten (10) feet wide by twenty (20) feet deep to remain clear and free of all obstructions.
11. Two (2) unit residential developments shall provide a new or separate utility connection directly between each dwelling unit and the utility. The connection may be subject to a connection fee or capacity charge.
12. Two (2) unit residential developments shall be required to provide fire sprinklers.
13. Trash Collection. Each unit in a two (2) unit residential development shall be required to provide space for three (3) ninety (90) gallon trash carts. Trash carts must be stored out of public view from the street and may not be located within the required front yard setback.
14. Oak Tree Preservation.The addition of or new construction of a dwelling unit shall not remove any oak tree measuring twelve and one-half (12 1/2) inches in circumference when measured at a point four and one-half (4 1/2) feet above the tree’s natural grade. A removal includes removing a tree or removing more than one-third (1/3) of a tree’s vegetation. In addition to preservation of the tree, the owner must record a covenant showing the location of the oak tree, stating that all reasonable precautions have been made to preserve the oak tree, requiring all trimming of the tree to be overseen by a licensed arborist, prohibiting the tree from being topped, and that the City must approve of any removal of the tree. If removal of a tree is required in order to provide a minimum eight hundred (800) square-foot unit, the owner must meet the mitigation requirements of Section 17.51.040(B)(3)(e).
15. Hillside Development. Projects with slopes which average ten percent (10%) or greater shall conform to the development standards for hillside development review (Section 17.51.020(C)).
16. Ridgeline Preservation Overlay Zone. Projects located within the ridgeline preservation (RP) overlay zone shall conform to the property development standards for the RP overlay zone (Section 17.38.070(D)).
17. At least one (1) unit in a two (2) unit residential development shall be income restricted for a period of fifty-five (55) years to provide for lower income households as defined in Section 50079.5 of the Health and Safety Code.
18. Exceptions to Objective Standards. Any objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two (2) units or that would physically preclude either of the two (2) units from being at least eight hundred (800) square feet in floor area must be set aside. Objective zoning standards will be set aside in the following order until the site can contain two (2) eight hundred (800) square-foot units:
a. Lot coverage.
b. Second-floor stepbacks.
c. Private outdoor space.
d. Fully enclosed parking.
e. Oak tree preservation.
f. Maximum Number of Stories. If waiving of all the above requirements does not provide for an eight hundred (800) square-foot unit, the building may exceed the maximum number of stories. After exceeding the maximum number of stories, the applicant must then replace the above objective standards in the opposite order until the unit size is reduced to eight hundred (800) square feet.
E. Objective Design Standards. Any construction of a two (2) unit residential development shall comply with the adopted two (2) unit residential development design standards.
F. Application Requirements.
1. Applicant must submit a title report and affidavit demonstrating compliance with subsection (D)(8) of this section.
2. Where applicable, applicant must submit documentation demonstrating homeowners’ association approval of application.
3. Fees. Permit fees imposed on two (2) unit residential developments and urban lot splits shall be established by City Council resolution.
4. A proposed two (2) unit residential development shall be denied if the application fails to comply with this section.
G. Review of Application.
1. Applications for two (2) unit residential developments conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing by the Director of Community Development. Incomplete applications will be returned with an explanation of what additional information is required.
2. A proposed two (2) unit residential development may be denied if the Director of Community Development makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Section 65589.5(d)(2) of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
3. Prior to occupancy, the City Manager, or designee, shall approve an affordable housing regulatory agreement governing and encumbering the two (2) unit residential development and ensuring long-term affordability of the income-restricted unit pursuant to subsection (D)(17) of this section. The affordable housing regulatory agreement shall be executed by the City Manager, or designee, and the applicant prior to occupancy.
H. Prior to the issuance of a building permit for a two (2) unit residential development dwelling unit, the property owner shall record a two (2) unit residential development covenant with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney. The covenant shall notify future owners of the owner occupancy requirements, the approved size and attributes of the units, and minimum rental period restrictions. This covenant shall remain in effect so long as a two (2) unit residential development exists on the parcel.
I. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with State law, the applicable provision of State law shall control, but all other provisions of this section shall remain in full force and effect. (Ord. 22-2 § 5 (Exh. A), 1/25/22)
17.57.030 Multifamily Residential Development Standards.
A. Required front and street side yards shall be landscaped. All plant material shall be irrigated by automatic sprinklers or drip irrigation systems. Patios, seating areas, parking and circulation spaces can be included in the setback areas to help buffer adjoining parcels from one another. However, parking areas shall not be permitted within the required front setback.
B. Multifamily residential buildings and communities shall be designed in a manner to reduce the potential for criminal activity. Elements such as a clear delineation between private and public spaces, ample visibility of both indoor and outdoor common areas, and proper lighting shall be incorporated into multifamily projects. Dead-end drive aisles, alleyways, or pedestrian paths shall be avoided. Paths, alleyways, and drive aisles shall be designed for through traffic/pedestrian movements and shall be highly visible and well lit. Other practices and methods related to crime prevention through environmental design (CPTED) are also encouraged.
C. Masonry walls six (6) feet in height, from the highest finished grade, shall be required on the rear and side property lines. No walls are required on street side yards unless needed for noise attenuation and/or privacy, as determined by the Director of Community Development.
D. Where a lot fronts on more than one (1) street it shall be considered to have multiple frontages and be required to meet the front yard setback requirement on all street frontages.
E. Private Outdoor Space. Unless otherwise approved through the development review process, private outdoor space, including balconies, patios, and/or yards, shall be provided for each residential unit as follows:
1. Studio units—fifty (50) square feet;
2. One bedroom units—seventy-five (75) square feet;
3. Two (or more) bedroom units—one hundred (100) square feet;
4. Single-family detached/townhome units—six hundred fifty (650) square feet.
Land required for setbacks or occupied by buildings, streets, driveways or parking spaces may not be counted in satisfying this outdoor space requirement.
F. Storage Space. If a fully enclosed garage is not provided, a minimum of two hundred fifty (250) cubic feet of lockable, enclosed storage per unit shall be provided in the garage or carport area; alternate locations may be approved by the Director.
G. Recreation Facilities. Unless otherwise approved through the development review process, required recreational facility area shall be provided for each unit as follows:
1. Studio units—one hundred (100) square feet;
2. One bedroom units—one hundred fifty (150) square feet;
3. Two (or more) bedroom units—two hundred (200) square feet;
4. Single-family detached/townhome units—two hundred (200) square feet.
Required recreational facilities shall be provided in one (1) or more of the following manners to the satisfaction of the Director: a landscaped park-like quiet area, children’s play area, fitness facility, family picnic area, swimming pool with cabana or patio cover, etc.
H. Recreation vehicle parking areas shall be provided, fully screened from public view, or the development shall prohibit all parking of recreation vehicles.
I. Trash Collection Areas. The following requirements shall be met for all trash collection areas for multifamily residential development:
1. Trash areas shall be provided for each multifamily residential building. All trash areas not located inside a building shall be paved and located in the rear yard. Such area shall have minimum inside dimensions of eight (8) feet by five (5) feet, shall accommodate source separation of recyclable materials in accordance with State requirements, and shall be screened from view by a five (5) foot high masonry wall, solid gates, and a solid roof. One (1) trash area shall be provided for the first ten (10) residential units, and one (1) trash area for each additional ten (10) units, or major fraction thereof.
2. Multifamily residential developments, including single-family detached condominium units, that require individual waste collection for each unit shall provide space for all required waste bins to be screened from public view.
3. Multifamily residential developments, including single-family detached condominium units, shall demonstrate sufficient space is provided on the street or alley for the temporary placement of individual waste bins on waste collection days to the satisfaction of the Director.
J. The conversion of any project to condominium ownership shall meet all requirements of this code to the maximum extent possible within the constraints of the existing development. In no case shall the requirements of the fire code, sign ordinance, outdoor storage/sales, or screening standards be waived. A specific Commission waiver shall be required where the multifamily residential requirements cannot be reasonably met.
K. Metal Siding. New multifamily dwellings and required parking structures shall not possess on the surface of the exposed exterior walls siding composed primarily of metal.
L. Single-Family Detached Condominiums. In instances where the development is designed with a private street, a driveway measuring twenty (20) feet by twenty (20) feet shall be required in front of the garage. Other configurations may be approved by the Director, provided two vehicles can fit on the driveway(s).
M. Height. In the Urban Residential 4 and Urban Residential 5 zones exceeding thirty-five (35) feet in height shall require approval of a conditional use permit. At the discretion of the Director, architectural treatments may exceed thirty-five (35) feet in height without a conditional use permit; provided, that (1) the addition does not exceed ten (10) feet in height (for a maximum height of forty-five (45) feet); (2) that the allowance would be compatible with the architectural design; and (3) that the allowance would provide additional articulation that could otherwise not be achieved within thirty-five (35) feet. This shall not apply to small-scale, attached multifamily dwellings such as duplexes, triplexes and quadplexes. (Ord. 13-8 § 4 (Exhs. A, D), 6/11/13; Ord. 20-10 § 6, 12/8/20; Ord. 22-9 § 5 (Exh. A), 7/12/22)
17.57.040 Accessory Buildings and Structures.
A. Such buildings and structures shall not exceed twenty (20) feet in height or exceed the height of the primary residence, whichever is less, in the UR2, UR3, UR4, and UR5 zones.
B. Such buildings and structures, including freestanding shade awnings, sheds, pergolas, garages and other attached, semi-attached and outbuildings, shall be consistent and compatible with the primary dwelling unit in terms of architecture, finish materials, and color. The roof slope of new accessory structures should be consistent with the primary structure. Accessory structures with roof pitches of less than two to twelve (2:12) may be approved through the issuance of an administrative permit.
C. The use of metal storage containers is prohibited in residential zones, unless they meet the design standards of this code.
D. Modular Building for Nonresidential Uses. Modular buildings for nonresidential uses in residential zones shall be subject to the following additional requirements:
1. Must be set back twenty-five (25) feet from property lines of properties developed with residential uses;
2. Shall be subject to the approval of a minor use permit in accordance with Section 17.24.120 (Minor Use Permit);
3. Shall be subject to the approval of a landscape plan review, in accordance with Section 17.23.150 (Landscape Plan Review), to ensure that the buildings are adequately screened from public views and from adjacent residences;
4. The applicant shall submit plans identifying changes to parking and lighting to ensure that there are no adverse impacts to adjacent residences.
E. Mobile or portable canopies are not permitted in the front yard or side yard setback areas, whether proposed to be located on a driveway or otherwise.
F. Above-ground utility boxes, telephone boxes, water lines, backflow preventers, cable boxes or similar structures within public view shall be screened to the satisfaction of the Director of Community Development.
G. All legal residential parcels shall be permitted to have one (1) driveway point, unless otherwise specified by the City Engineer.
H. All ground-mounted mechanical equipment shall be completely screened from surrounding properties by use of a parapet, wall or fence, or shall be enclosed within a building. Exposed gutters, downspouts, vents, louvers and other similar elements shall be painted to match the surface to which they are attached unless they are used as part of the design theme.
I. All utility connections shall be designed to coordinate with the architectural elements of the building(s) and/or site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment. Power lines and overhead cables less than thirty-four (34) KV shall be installed underground.
J. Residential Sport Courts. Residential sport courts shall be subject to the following standards:
1. Existing single-family residences within a residential zone may have up to one (1) sport court (including applicable walls and/or fences) consisting of a single sport area. Additional residential sport courts or sport areas may be permitted subject to the approval of a minor use permit.
2. A residential sport court, requiring an enclosure, wall, structure or fence that surrounds or is an integral part of such court, shall be designed so as to reasonably reduce or eliminate light, noise, and other impacts on surrounding homes and properties. Where appropriate and feasible, landscaping shall be used to screen the sports court from neighboring properties. Additional noise attenuation may also be required by the Director. The required setback for all sport courts with an enclosure, wall, or fence shall be fifteen (15) feet from all side and rear property lines. No enclosures shall be within any front or reverse-corner yard setbacks.
3. All lighting associated with a residential sport court shall be completely screened. Spillover prevention may require substantial shielding of both the fixture and pole. In no event shall light fixtures extend more than fifteen (15) feet above the grade of the sport court. Light fixtures shall be of full cut-off design with the bulb fully enclosed within the fixture. Lights shall be focused downward and shall not wash or spill onto adjacent properties. Lighting fixtures are prohibited within fifteen (15) feet from any rear or side property line. They are also prohibited within any front or reverse-corner yard setbacks.
4. Lighting for exterior sport courts and/or areas shall not be used between the hours of nine p.m. and eight a.m.
K. Accessory Structure/Outbuilding. An accessory structure/outbuilding is an accessory structure on a residential lot that provides enclosed or conditioned space in addition to the primary dwelling unit and/or accessory dwelling unit. Such structures may include barns, pool houses, studios, greenhouses, offices, storage buildings, garages, etc. For the purposes of this section, accessory structures/outbuildings do not include patio covers, open-air cabanas, trellises, or other unenclosed structures. Accessory structures/outbuildings are intended for use by occupants of the main residence and/or accessory dwelling unit, providing accessory uses or functionality in support of the primary residential uses on site. Accessory structures/outbuildings may contain one (1) toilet and one (1) sink (a “half bathroom” or “water closet”). Additional interior fixtures and hookups related to human comfort and habitation including, but not limited to, bathing or shower facilities, laundry facilities, food warming or preparation facilities, etc., may be approved subject to the issuance of an administrative permit. Accessory structures/outbuildings are not dwelling units and may not have full kitchens for residential living purposes. However, kitchens which are accessory to the main single-family home, such as warming kitchens, canning kitchens, or kitchens for specialty/accessory uses, may be permitted subject to the issuance of an administrative permit. With the exception of legally permitted cottage food uses and other uses permitted by right or conditionally permitted in the underlying zone, commercial use of accessory structures/outbuildings is prohibited. Accessory structures/outbuildings may have faucets and other utility hookups, whether interior or exterior, that are related to landscaping, agricultural, and/or animal-keeping uses, provided the utilities are used for those purposes, not human habitation or lodging.
1. Locations. An accessory structure/outbuilding may be permitted only on parcels that meet the following criteria:
a. The parcel shall be zoned any of the following categories: NU1, NU2, NU3, NU4, NU5, UR1, UR2, UR3, UR4, UR5, MXC, MXN, MXUV, PI, OS, OS-A, OS-NF, or OS-BLM.
b. The parcel shall contain a legal single-family dwelling as the primary use (primary dwelling unit).
c. Only one (1) accessory structure/outbuilding shall be permitted per parcel in the UR1, UR2, UR3, UR4, UR5, MXC, MXN, MXUV, and PI zones, unless an approved minor use permit is obtained. Up to three (3) accessory structures/outbuildings are permitted per parcel in the NU1, NU2, NU3, NU4, NU5, OS, OS-A, OS-NF, or OS-BLM zone, unless an approved minor use permit is obtained.
2. Development Standards. An accessory structure/outbuilding shall be subject to all the development requirements of the underlying zone, with the exception of the following:
a. Accessory structures/outbuildings shall meet the setbacks applicable to accessory structures.
b. Accessory structures/outbuildings are intended for residential uses only. Unless otherwise allowed in the underlying zone, commercial uses in accessory structures/outbuildings shall be prohibited.
c. In the UR2, UR3, UR4, UR5, MXC, MXN, MXUV, and PI zones, accessory structures/outbuildings shall not exceed the height (floor to peak) of the primary dwelling unit and are subject to the height standards listed in subsection (A) of this section. In the NU1, NU2, NU3, NU4, NU5, UR1, OS, OS-A, OS-NF, or OS-BLM zone, accessory structures/outbuildings shall comply with the maximum height of accessory structures in the underlying zone.
d. The architecture, construction materials and color of the accessory structure/outbuilding shall be consistent with its surroundings and use. In urban residential and mixed-use zones, an accessory structure/outbuilding should be consistent with the existing primary dwelling unit in terms of colors and materials. In non-urban residential and open space zones, the accessory structure/outbuilding shall be consistent with the primary dwelling unit and/or utilize an architectural style compatible with its intended use.
3. Services. All services, including water, electric, and sewer, shall be provided from the primary dwelling. Separate, independent services for the accessory structure/outbuilding shall not be allowed unless an administrative permit is obtained.
4. Other. Accessory structures/outbuildings are for temporary human occupancy and may not be rented for any purpose or any length of time or otherwise used as a separate dwelling unit. These structures are not permitted as accessory dwelling units.
L. Accessory Dwelling Units. The purpose of this subsection is to provide for the creation of accessory dwelling units pursuant to Section 65852.2 of the Government Code. Should Section 65852.2 of the Government Code be amended and brought into conflict with this subsection, those portions of Section 65852.2 that conflict with this subsection shall control. All other portions of this subsection shall be deemed to be in full effect. An accessory dwelling unit is a residential use that is consistent with the City’s General Plan, residential zone designations, and density.
An accessory dwelling unit may be attached or detached, and provides complete living facilities for one (1) or more persons. The accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking (kitchen) and sanitation on the same parcel on which a primary dwelling unit is situated. An accessory dwelling unit shall be subject to ministerial review and requires a Class I ADU development application (Chapter 17.22). The Director shall review and determine completeness of the application in compliance with Section 17.06.080.
All requirements and regulations for accessory dwelling units in this section and throughout the Unified Development Code shall apply to all specific plans and corridor plans in the City.
1. Locations. An accessory dwelling unit may be permitted only on parcels that are zoned to allow single-family or multifamily dwelling residential use and that include a proposed or existing residential unit:
a. This includes the following zones: NU1, NU2, NU3, NU4, NU5, UR1, UR2, UR3, UR4, UR5, MXC, MXN, MXUV, PI, OS, OS-A, OS-NF, or OS-BLM.
b. Where a lot or any portion thereof is located in a high fire hazard severity zone, as defined by the Los Angeles County Fire Department, an accessory dwelling unit shall be prohibited on the lot unless it either fronts a highway and vehicles enter directly from the highway (as defined in Table C-2 of the General Plan Circulation Element), or it has two (2) means of direct vehicular access to a highway that meet the following requirements:
i. The two (2) distinct means of vehicular access, as measured from the lot frontage to the point of intersection with the highway, shall not overlap with each other; and
ii. Each distinct means of vehicular access shall contain a paved or unpaved road of at least twenty-four (24) feet in width, exclusive of sidewalks, landscaping, and parking lanes. This requirement applies to all types of accessory dwelling units, including multifamily ADUs.
c. Where a lot or any portion thereof is located in a FEMA flood zone, any accessory dwelling unit shall comply with any requirements for residences in flood zones.
d. For the purposes of Section 16.07.020 (Restricted Residential Access), an accessory dwelling unit shall be associated with its corresponding permitted primary dwelling unit and not considered an independent dwelling unit.
2. Development Standards.
a. Size. Accessory dwelling units shall comply with the following:
i. Attached. Attached accessory dwelling units with zero (0) bedrooms or one (1) bedroom are subject to a minimum size of one hundred fifty (150) square feet and a maximum size of eight hundred fifty (850) square feet or fifty percent (50%) of the size of the dwelling unit, whichever is less. Attached accessory dwelling units with two (2) or more bedrooms are subject to a minimum size of one hundred fifty (150) square feet and a maximum size of one thousand (1,000) square feet or fifty percent (50%) of the size of the dwelling unit, whichever is less. Notwithstanding the above requirements, this section shall not prohibit the construction of an accessory dwelling unit of up to eight hundred (800) square feet that is up to sixteen (16) feet in height with four (4) foot side and rear yard setbacks.
ii. Detached New Construction. The minimum size of a detached new construction accessory dwelling unit is one hundred fifty (150) square feet. The maximum size of an accessory dwelling unit with zero (0) bedrooms or one (1) bedroom is eight hundred fifty (850) square feet. The maximum size of an accessory dwelling unit with two (2) or more bedrooms is one thousand (1,000) square feet.
iii. Converted Structure. There is no size requirement where the entire accessory dwelling unit is either contained within a primary residence or is the result of a conversion of an existing, legally built accessory structure with an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions of said structure, solely for the purpose of accommodating ingress and egress.
iv. Junior Accessory Dwelling Units. Junior accessory dwelling unit size shall be as discussed in subsection (L)(3)(a)(ii) of this section.
v. Larger Accessory Dwelling Units. ADUs on legal, conforming lots in the NU1, NU2, NU3, NU4, NU5, OS, OS-A, OS-NF, and OS-BLM zones may exceed the size limits established by State and local regulations (described above) at the discretion of the Director of Community Development, subject to the approval of an adjustment permit pursuant to Section 17.24.100. ADUs in all other zones shall not be permitted to exceed the size limits established in subsections (L)(2)(a)(i) and (ii) of this section.
b. Density. An accessory dwelling unit is permitted on any legal parcel that is zoned to allow single-family or multifamily dwelling residential use and contains a proposed or existing legal single-family home or multifamily residence.
c. Setbacks. No new setback shall be required for a legally permitted existing structure that is converted to an accessory dwelling unit, so long as the setback is sufficient for fire safety. Any new construction shall be subject to a four (4) foot rear and side yard setback. All other setbacks shall be subject to the underlying zone. ADUs shall comply with corner and reverse corner setbacks unless it can be demonstrated that a four (4) foot side setback does not create a safety hazard.
d. Height. Accessory dwelling units shall not exceed sixteen (16) feet in height unless constructed completely within an existing structure. Height shall be measured as defined in Sections 17.03.030(C) and 17.11.020. ADUs that exceed sixteen (16) feet in height shall require an adjustment permit pursuant to Section 17.24.100.
e. Bedrooms. Bedrooms shall comply with applicable building and development codes.
f. Parking. One (1) standard parking space (nine (9) feet wide by eighteen (18) feet deep) is required for each new construction accessory dwelling unit. The required parking space shall be located on the same parcel upon which the primary dwelling unit and the accessory dwelling unit are located.
i. Notwithstanding the above, no parking is required for an accessory dwelling unit if: (A) the accessory dwelling unit is within one-half (1/2) mile walking distance of public transit, (B) the accessory dwelling unit is entirely within the proposed or existing primary residence or accessory structure, (C) the accessory dwelling unit has no bedrooms, (D) when on-street parking permits are required but not offered to the accessory dwelling unit, or (E) where there is a car share vehicle located within one (1) block of the accessory dwelling unit.
ii. Where a garage, carport, or covered parking space is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking is not required for the primary unit, except that replacement parking is required for the primary unit where a junior accessory dwelling unit is constructed in an attached garage.
g. Architecture. Architecture of the accessory dwelling unit shall be compatible with that of the primary dwelling unit as required by Section 17.57.020 and subsection (B) of this section, unless the accessory dwelling unit is within existing space. The accessory dwelling unit shall use the same color scheme and materials as the primary residence and the roof shall have a minimum incline of two to twelve (2:12) feet. In addition, the accessory dwelling unit shall be consistent with the City’s Community Character and Design Guidelines. Nothing in this section is intended to discourage provisions for solar energy systems (i.e., single-sloped or shed roofs), reasonable accommodations for people with disabilities, or practical modifications for site-specific aspects like flood zone, hillside, fire zone, or other issues.
h. Rear Yard Coverage. ADUs shall count as buildings for the purposes of calculating rear yard coverage.
i. Construction Materials. Construction materials and colors of the accessory dwelling unit shall be the same or similar to those of the primary dwelling unit. Nothing in this section is intended to prohibit the installation of manufactured or prefabricated units which are architecturally consistent with the primary dwelling unit. No accessory dwelling unit may be constructed with metal siding.
j. Entrance/Exit. An accessory dwelling unit shall have independent exterior access and be inaccessible directly from other dwellings on the site.
k. Distance Between Structures. A detached accessory dwelling unit shall be located at least six (6) feet away from the exterior wall of the primary dwelling unit. In keeping with this requirement, if a detached accessory dwelling unit shares a common roof structure (i.e., a breezeway, service porch, covered patio, etc.), the breezeway or patio shall be at least six (6) feet wide for safety purposes. A shared roof or covered patio/breezeway does not necessarily constitute attached or detached status; it is possible an accessory dwelling unit may be considered attached under the provisions of this code and detached under other applicable codes.
l. Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence.
m. Rental Period. An accessory dwelling unit shall not be rented for a period of less than thirty (30) days.
n. Residency Requirements. For accessory dwelling units for which an application is received prior to January 1, 2025, owner-occupancy is not required for either the primary dwelling or the accessory dwelling unit.
i. Any accessory dwelling unit, for which an application is submitted on January 1, 2025, or later, shall be required to be on a lot that is owner-occupied.
ii. In accordance with Government Code Section 65852.22, owner-occupancy is always required where a lot includes a junior accessory dwelling unit.
o. Open Space Replacement. In the event that the construction of an accessory dwelling unit results in the loss of required open space, the property owner shall provide equivalent replacement open space on site.
p. Oak Trees. The oak tree preservation ordinance (Section 17.51.040) shall apply to the construction of accessory dwelling units or conversion of structures to accessory dwelling units.
q. Significant Ecological Areas. The significant ecological area overlay zone (Section 17.38.080) shall apply to accessory dwelling units.
r. Ownership. An accessory dwelling unit shall not be sold or otherwise conveyed separately from the primary unit.
s. Deed Restriction. The applicant shall record a deed restriction, which shall run with the land, and file it with the City of Santa Clarita for all junior accessory dwelling units. The deed restriction shall prohibit sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. This shall also include a restriction on the size and attributes of the junior accessory dwelling unit in conformance with Government Code Section 65852.22.
t. Notwithstanding the above requirements, this section shall not prohibit the construction of an accessory dwelling unit of up to eight hundred (800) square feet that is up to sixteen (16) feet in height with four (4) foot side and rear yard setbacks.
3. Number. One (1) accessory dwelling unit is allowed per lot, except as described below. A second unit, as approved under the City’s previous second unit ordinance, shall be deemed to be an accessory dwelling unit for the purposes of this section.
a. Junior Accessory Dwelling Unit. One (1) junior accessory dwelling unit that complies with the requirements of Government Code Sections 65852.2(e)(1)(a) and 65852.22 is permitted in addition to an accessory dwelling unit, on a lot zoned for single-family residences and with only one (1) single-family dwelling, if the construction complies with all of the following:
i. The accessory dwelling unit is either constructed within a single-family dwelling or existing accessory structure with an expansion of not more than one hundred fifty (150) square feet to accommodate ingress and egress or is a detached new construction unit that does not exceed eight hundred (800) square feet. The setbacks shall comply with subsection (L)(2)(c) of this section and height shall comply with subsection (L)(2)(d) of this section.
ii. The junior accessory dwelling unit has a maximum size of five hundred (500) square feet and is constructed within the single-family dwelling or attached garage.
iii. The junior accessory dwelling unit contains at least an efficiency kitchen, which includes cooking facilities, a food preparation counter, and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.
iv. The junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
v. Each unit has its own independent exterior access.
vi. Both accessory dwelling units comply with all other requirements in this section.
b. Accessory Dwelling Units on Lots with Multifamily Dwellings. On lots with existing multifamily dwellings, one (1) of the two (2) following categories of accessory dwelling units is permitted:
i. Attached Accessory Dwelling Units. The number of permitted units is at least one (1) and up to a number equal to twenty-five percent (25%) of the permitted units per legal lot. Each unit shall comply with the State building standards for dwellings. An accessory dwelling unit is permitted only within the portions of the existing multifamily dwelling structure that are not used as livable space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. Detached carports or garages are not considered to be portions of the existing multifamily dwelling structures. In the event that the construction of an accessory dwelling unit results in the loss of an amenity required by ordinance or condition of approval, the amenity shall be replaced prior to occupancy of the first accessory dwelling unit. Attached accessory dwelling units are not permitted on a lot that includes one (1) or more detached accessory dwelling units.
ii. Detached Accessory Dwelling Units. Not more than two (2) detached accessory dwelling units are permitted per lot. Each accessory dwelling unit shall have at least four (4) foot side and rear yard setbacks and be no more than sixteen (16) feet in height. Required parking, open space, or other amenities or site improvements required by the conditions of approval that are demolished to construct these accessory dwelling units shall be replaced on site prior to occupancy of the first accessory dwelling unit. Detached accessory dwelling units are not permitted on a lot that includes one (1) or more attached accessory dwelling units.
c. Multiple detached dwelling units (e.g., detached condominiums) on a lot shall be treated as single-family residences for purposes of ADUs and shall be permitted one (1) ADU per lot, as described in this subsection (L)(3). Lots with multiple detached single-family dwellings are not eligible to have JADUs.
4. Affordable Housing Incentives. An accessory dwelling unit which is designated very low or low income by the State of California may be eligible for a fee waiver for development impact fees as established by City Council resolution. In order to be eligible for a fee waiver, the owner shall record a deed restriction agreeing to rent the accessory dwelling unit or junior accessory dwelling unit at an affordable rate for thirty (30) years.
5. Impact Fees. Impact fees imposed on accessory dwelling units shall be established by City Council resolution.
M. Primary Residential Use Requirement. Any residential lot with an accessory building, structure, or use must include a primary residential use on the same property. (Ord. 13-8 § 4 (Exhs. A, D), 6/11/13; Ord. 15-11 § 5 (Exh. A), 12/8/15; Ord. 20-10 § 6, 12/8/20; Ord. 21-1 § 6 (Exh. A), 1/26/21)
17.57.050 Distance Between Buildings.
A. Distance Between Main Buildings. A minimum distance of ten (10) feet shall be required between all main residential buildings.
B. Distance Between Main and Accessory Buildings. With the exception of patio covers, and except where a greater distance is required by this code, a minimum distance of six (6) feet shall be required between any main residential building and an accessory building.
C. Projections Permitted Between Buildings. The following projections are permitted within the required distance between buildings, provided they are developed subject to the same standards as and not closer to a line midway between such buildings than is permitted in relation to a side lot line within a required interior side yard:
1. Eaves and cantilevered roofs;
2. Fireplace structures, buttresses and wing walls;
3. Rain conductors and spouts, water tables, sills, capitals, cornices and belt courses;
4. Awnings and canopies;
5. Water heaters, water softeners, wall-mounted air conditioning units, electric vehicle chargers, gas or electric meters, including service conductors and pipes;
6. Stairways and balconies above the level of the first floor.
D. Uncovered porches, platforms, landings and decks, including access stairs thereto, which do not extend above the first floor are permitted within the required distance between buildings without distance restriction.
E. Distance Between Accessory Buildings. A minimum distance of six (6) feet shall be required between accessory buildings. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 15-11 § 5 (Exh. A), 12/8/15; Ord. 20-10 § 6, 12/8/20; Ord. 22-9 § 5 (Exh. A), 7/12/22)
17.57.060 Setbacks.
All setbacks shall meet the requirements of the underlying zone and as shown below in Figure 17.57-3 (Residential Setbacks), unless specifically allowed in this section.
Figure 17.57-3
Residential Setbacks
A. Flag lots shall maintain either a ten (10) foot front, side and rear yard setback, or shall conform to the setbacks of the underlying zone, not including the flag portion of the lot.
B. Zero lot line parcels shall have a side yard setback of zero (0) feet on the side of the zero lot line, and ten (10) feet on the opposite side. Required front and rear yard setbacks shall be maintained in accordance with the underlying zone or as otherwise permitted in this section. Swimming pools shall maintain a side yard setback of five (5) feet from either the zero lot line or the opposite provided the foundation and other physical improvements or infrastructure associated with the swimming pool do not encroach onto an adjacent property.
C. Single-Family Detached Condominiums. For purposes of determining setbacks in accordance with this section, the fence line of single-family detached condominiums shall serve as the property line.
D. Garages shall be set back twenty (20) feet from all public and private rights-of-way, excluding alleys. Garages can be set back five (5) feet away from the property line if no access is taken from that elevation and does not front a street.
E. Street setbacks shall be measured from the ultimate street right-of-way or from the maximum required street width if said street or proposed street is to be private. In residential zones where the sidewalk is located adjacent to the curb, the building setback shall be measured from six (6) feet from the back of curb, as shown on Figure 17.57-4 (Street Setback Cross Sections). This allowance does not permit any encroachment within any portion of such street by the underlying fee owner.
Figure 17.57-4
Street Setback Cross Sections
F. Patio covers that are permanently unenclosed and are attached to the main dwelling unit may project into the rear yard as long as they are no closer than five (5) feet from the rear property line.
G. Platforms, landings, decks, pools and access stairs exceeding an average height of one (1) foot which do not extend above the level of the first floor may extend into a required side and rear yard provided:
1. That such structures shall not be located closer than five (5) feet to any lot line; and
2. That such structures shall remain unenclosed on at least two (2) sides. This provision, however, shall not preclude the placement of detachable screens.
H. Other structures shall be permitted in required yards as follows:
1. Fireplace structures (attached to dwellings), buttresses, wingwalls, eaves, cantilevered roofs, awnings, canopies, water heaters, wall-mounted air conditioners, electric vehicle chargers, water softeners and gas or electric meters may be located in required interior side and rear yards; provided, that they are located no closer than two and one-half (2 1/2) feet to any lot line and are screened to the fullest extent possible. Eaves, cantilevered roofs, awnings, canopies, upper floor balconies, and other architectural features, roof structures, or window treatments may extend into the required front setback up to two and one-half (2 1/2) feet, provided such extensions are not closer than fifteen (15) feet to the front property line.
2. Ground-mounted air conditioners, swimming pool pumps, waterfalls (not exceeding six (6) feet in height), heaters, filters and fans may be located in required rear yards; provided, that they are located not closer than two and one-half (2 1/2) feet to any lot line. These items, as well as other similar appurtenances, are not permitted in the required side yard.
3. Unenclosed stairways and balconies above the level of the finished elevation of the first floor attached to the primary structure may project a maximum of five (5) feet into a required rear yard; provided, however, that an open work railing not to exceed three and one-half (3 1/2) feet in height may be installed.
4. Swimming pools and spas are permitted in required rear yards; provided, that they are located not closer than five (5) feet from any property line. The setback shall be measured from the water line of a sunken pool or spa or from the structure of an above-ground pool or spa.
5. Structures not exceeding one (1) foot above ground level may be used in any required yard.
6. Built-in barbecues, fire pits, detached fireplaces and built-in entertainment centers shall be five (5) feet away from property lines and less than ten (10) feet in height, including smoke stacks and chimneys.
7. Except as described elsewhere in this code, accessory buildings and structures may be located within a required rear yard; provided, that they are not closer than five (5) feet to any lot line.
8. In the case of a zero (0) lot line parcel, accessory buildings and structures may be located up to the side yard property line on the same side yard or property line where the main structure has a zero (0) setback. A ten (10) foot side yard setback shall be required for that property line opposite the main structure. Required front and rear yard setbacks shall be maintained in accordance with the underlying zone or as otherwise permitted in this section. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 15-11 § 5 (Exh. A), 12/8/15; Ord. 20-10 § 6, 12/8/20; Ord. 22-9 § 5 (Exh. A), 7/12/22)
17.57.070 Walls and Fences.
Setbacks shown are the minimum required. Fence and wall heights, as shown in Figure 17.57-5 (Fence and Wall Heights), are the maximum permitted, unless modified by an adjustment or variance.
Figure 17.57-5
Fence and Wall Heights
A. Walls in Interior Side and Rear Yards. A garden wall or fence not more than six (6) feet in height may be maintained along the interior side or rear lot lines; provided, that such wall or fence does not extend into a required front yard or side yard adjacent to a street except as herein provided. Fences or garden walls in excess of six (6) feet in height, but not more than fifteen (15) feet in height, may be permitted in a required rear yard subject to the issuance of an adjustment per Section 17.24.100 (Adjustments); provided, that such a fence or garden wall is not located any closer than five (5) feet to an interior side yard or rear yard line.
B. In any required yard adjacent to a street or a driveway providing vehicular access to an abutting lot, a wall, fence, or view-obscuring vegetation shall not exceed forty-two (42) inches in height, except as herein provided. The height may be increased to forty-eight (48) inches for non-view-obscuring pipe or rail fencing.
C. All walls and fences outside of any required yard in excess of six (6) feet, but less than fifteen (15) feet in height, shall be subject to the approval of the Director. Walls and fences in excess of fifteen (15) feet located outside of any required yard and not exceeding the maximum height for an accessory use in the underlying zone shall be subject to the issuance of an adjustment per Section 17.24.100 (Adjustments).
D. Access. A wall or fence shall not be constructed in such a manner so as to block or restrict vehicular access to a dedicated or implied dedicated alley, access, or way.
E. Prohibited Materials. Fiberglass sheeting, bamboo sheeting, barbed wire, razor ribbon or other similar temporary material shall not be permitted as a fencing material. Chain link fencing shall not be permitted in a required front yard and shall not be visible from any public right-of-way unless otherwise approved by the Director.
F. Vacant property and property under construction may be fenced with a maximum six (6) foot high, non-view-obscuring fence for a period not to exceed one (1) year. Permanent fencing for vacant and undeveloped parcels may be approved subject to Section 17.23.100 (Administrative Permit).
G. Retaining walls proposed on land with an average slope of less than ten percent (10%) shall be subject to the following provisions, as shown in Figure 17.57-6 (Retaining Walls). Retaining walls proposed on land with an average slope of ten percent (10%) or greater shall be subject to Section 17.51.020 (Hillside Development).
1. Where a retaining wall protects a cut below the natural grade and is located within a required yard, such retaining wall may be topped by a fence or garden wall. The fence or garden wall may be the same height that would otherwise be permitted at that location if no retaining wall existed; provided, that the subject property is on the lower side. In all other locations, the maximum height of the retaining wall and fence or screening wall combined shall not exceed the maximum heights established in this code or at the discretion of the Director.
Figure 17.57-6
Retaining Wall Height Within the Front Yard Setback
2. Where a retaining wall contains a fill above the natural grade and is located within a required fence or wall at that location. A non-view-obscuring fence up to three and one-half (3 1/2) feet in height may be erected at the top of the retaining wall for safety.
3. Where a wall or fence is located in a required yard adjacent to a retaining wall containing a fill, such garden wall or fence shall be set back from the retaining wall a distance of one (1) foot for each one (1) foot in height of such wall or fence. The area between the wall or fence and the retaining wall shall be landscaped and continuously maintained.
4. Where a retaining wall is constructed to exceed six (6) feet in height measured from a neighboring parcel, an adjustment shall be obtained in accordance with Section 17.24.100 (Adjustments).
Figure 17.57-7
Retaining Walls
H. Measurement of Fence and Wall Height. The height of a fence or wall shall be measured at the highest average ground level within three (3) feet of either side of said wall or fence. In order to allow for variation in topography, the height of a required fence or wall may vary an amount not to exceed six (6) inches; provided, however, that in no event shall the average height of such wall or fence exceed the maximum height permitted for that location. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 20-10 § 6, 12/8/20; Ord. 22-9 § 5 (Exh. A), 7/12/22)