Chapter 17.116
ACCESSORY BUILDINGS, STRUCTURES, DWELLINGS AND USES
Sections:
17.116.010 Accessory buildings and structures.
17.116.030 Accessory dwellings.
17.116.040 Home occupations.
17.116.050 Requirements for small recycling centers.
17.116.010 Accessory buildings and structures.
The location of an accessory building or structure that does not have toilet plumbing or cooking facilities shall be subject to the following provisions:
A. An accessory building or structure shall not be located in any required setback fronting a public or private street nor in that portion of a required side yard adjacent to the main building on the adjacent parcel(s);
B. No fences over three and one-half (3.5) feet in height or more than one accessory building or structure shall be located in front of the most forward portion of the front elevation of the main house. The intent of this provision is to discourage the construction of walls and accessory buildings or structures that obscure the visibility of the main house from the street;
C. An accessory building or structure may be located in a required rear yard and that portion of a side yard not adjacent to the main building on the adjacent parcel(s) subject to the following provisions:
1. The maximum coverage of a required yard shall not exceed fifty percent (50%);
2. The maximum height shall be that allowed for an accessory building or structure by the zoning district in which the accessory building or structure is located;
3. A minimum three feet distance shall be provided from the property line to the accessory building or structure;
D. An accessory building or structure shall be separated from a principal building on the same lot subject to the following provisions:
1. The minimum separation shall be eight feet if any portion of an accessory building or structure is located within a required yard;
2. If no portion of an accessory building or structure is located within a required yard there may be no minimum separation subject to the following conditions:
a. Drainage and fire containment are addressed to the satisfaction of the public works director;
b. If the chief building official determines that the separation between an accessory building or structure that is habitable as defined by this code and a principal building may be reduced to zero feet, then the accessory building or structure shall be connected to the principal building by a doorway providing direct access between the accessory building or structure and the principal building;
c. If the chief building official determines that the separation between an accessory building or structure that is habitable as defined by this code and a principal building may be reduced to less than three feet but more than zero feet, then approval of a use permit shall be required prior to the issuance of a building permit. (Ord. 03-4 § 21: Ord. 00-5 § 6: prior code § 27.230)
17.116.030 Accessory dwellings.
A. A second unit or an accessory building or structure with toilet plumbing and/or cooking facilities shall meet the design and development criteria described below:
1. There must be an existing single-family residence on a lot;
2. Each structure shall meet the requirements for building height, setbacks, yards and lot coverage for principal buildings of the zoning district in which it is located;
3. The design of the structure shall be substantially similar to the existing residence on the lot and neighborhood residences. The planning director shall make this determination based on architectural use of building forms, height, materials, colors and landscaping;
4. Any window or door on a 2nd story shall be located and designed utilizing techniques that lessen the impacts on the privacy of adjacent properties. These techniques may include use of obscured glazing, window placement above eye level, windows and doors located toward the existing on-site residence or screening treatments;
5. State and local building code requirements shall apply to all second units and accessory building or structures with toilet plumbing and/or cooking facilities.
B. In addition to the standards noted in subsection A of this section, second units shall also conform to the following design and development standards:
1. A second unit may be established by:
a. The revision of a single-family unit;
b. The conversion of an attic, basement, garage or other previously uninhabited portion of a single-family unit; provided, that the conversion shall not result in a violation of the requirements of this title (i.e., the conversion of a required garage);
c. The creation of a separate structure on the lot in addition to the existing principal single-family unit; or
d. The creation of an attached structure on the lot in addition to the existing principal single-family unit;
2. The floor area shall not exceed eight hundred and fifty (850) square feet. The property owner shall occupy either the principal dwelling or the second unit;
3. The second unit shall not be rented, leased or let for periods of time less than thirty (30) days;
4. There shall be no more than one second unit per lot;
5. A second unit is exempt from the density limits of this title and the general plan;
6. In addition to the required parking for the primary residence, one parking space, covered or uncovered, shall be provided on site for each second unit.
C. In addition to the standards noted in subsection A of this section, accessory buildings or structures with toilet plumbing and/or cooking facilities may not be rented or leased.
D. It is not the intent of this section to override lawful use restrictions as set forth in CC&R’s (conditions, covenants and restrictions). (Ord. 03-4 § 23: prior code § 27.232)
17.116.040 Home occupations.
A home occupation is an accessory use of a residential property for gainful employment by the resident of a dwelling, customarily carried on within the living area or accessory building on a residential property or its adjacent swimming pool, which does not change the residential character of the dwelling unit. A business may be conducted at locations other than the site of the home occupation, as long as that part of the business conducted at the site of the home occupation complies with subsection A or B of this section. A site plan, floor plan and written consent of the property owner shall be submitted as part of the home occupation permit application. A home occupation permit issued by the planning director shall be required prior to the establishment of a home occupation. A home occupation permit is required whenever a business license is required and the home is the principal place of business.
A. Home occupations meeting the following standards are permitted in conjunction with a residential use of a dwelling and shall be issued a home occupation permit:
1. Is confined to a cumulative area of not more than six hundred (600) square feet in the principal dwelling, attached garage and/or detached accessory buildings. An attached or detached garage may be used for storage or work space as long as one garage parking space is maintained at all times for the dwelling and as long as sufficient parking spaces are available on the property to meet the current code requirements;
2. Does not occupy any open space, yard or setback;
3. Is carried on by the resident members of the household and one employee;
4. Does not generate customer or client traffic, deliveries by commercial vehicles other than pickup trucks or panel delivery trucks, or have any customers or clients coming to the premises as a place of business, with the following exceptions:
a. Delivery to the customer or client of merchandise produced on the premises,
b. No more than two clients may visit the premises on any one day,
c. Swimming lessons to no more than two persons at any one lesson with no more than six lessons in any one week,
d. Other uses which in the opinion of the planning director are similar to the above uses with the same or similar restrictions listed in this section;
5. Creates no noise, odor, glare, dust, vibrations, fumes or smoke readily discernible at the exterior boundaries of the parcel on which the home occupation is situated;
6. Produces no advertising or evidence of its existence except for a post office box, a telephone listing and signs limited to a total of four square feet permanently affixed to a vehicle. No advertising, telephone listing, signs or printed material may list the street address of the dwelling;
7. Involves the on-site parking or storage of no more than one commercial vehicle, as long as the commercial vehicle parks inside the garage or covered parking at all times.
B. Exceptions to the above standards may be granted by the planning commission with the approval of a use permit for an expanded type of home occupation. In approving a use permit for an expanded home occupation the planning commission must make the following findings:
1. The establishment of an expanded home occupation is compatible with and will not be detrimental to the residential character of the neighborhood and surrounding uses;
2. The establishment of an expanded home occupation will not result in or contribute to an unacceptable concentration of nonresidential uses in the neighborhood where it has been proposed; and
3. The establishment of an expanded home occupation will not result in excessive noise, traffic and parking congestion. (Ord. 09-5 § 2 (Exh. A): prior code § 27.233)
17.116.050 Requirements for small recycling centers.
The planning director, or at his or her discretion the planning commission, shall issue a permit for the establishment of a small recycling center which shall be conditioned upon compliance with the following requirements:
A. Only glass, metals, plastic containers and paper may be accepted at a small recycling center. Motor oil may not be collected for recycling at a small recycling center.
B. No power-driven processing equipment may be used except for reverse vending machines.
C. Containers used for the collection and storage of recyclable materials shall be constructed of a durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected between collection schedules.
D. The site shall be maintained free of litter and any other undesirable materials, and shall be picked up and cleaned on a daily basis.
E. A small recycling center shall not be located in any required setback or yard, and shall be screened from the public right-of-way by landscaping (fences or walls fence may be used if located outside a required setback). The landscaping shall generally be planned and installed in accordance with the city’s Standards for Landscaping, adopted by resolution. Any impairment of existing landscaping or landscaping required pursuant to this title shall be mitigated by installing a similar amount of landscaping.
F. Attended facilities located within one hundred (100) feet of property zoned or occupied for residential use shall operate only during the hours between nine a.m. and seven p.m. Containers for the twenty-four (24) hour donation of materials shall be located at least five hundred (500) feet from any property zoned or occupied for residential use unless there is acoustical shielding between the containers and residential use. In no event shall the containers for the twenty-four (24) hour donation of materials be located less than thirty (30) feet from property zoned for residential use.
G. Containers shall be clearly marked to: (1) identify the type of material which may be deposited in each container; (2) the name and telephone number of the operator and hours of operation; and (3) shall display a notice stating that no material is to be left outside the recycling enclosure or containers.
H. Signs shall comply with the following:
1. A recycling facility may have identification signs with a maximum of thirty-five (35) percent per side or nine square feet (whichever is smaller) per container with a total area of forty (40) square feet for all containers. These may be in addition to the informational signs required by subsection G of this section. In the case of a wheeled facility, the side will be measured from the pavement to the top of the container;
2. On-site directional signs, bearing no advertising message, may be installed with the approval of the planning director if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way; and
3. Any signs installed must be consistent with the character of the buildings, structures and signs of the property on which it is located.
4. These regulations are in-lieu of and shall act as a substitute for Chapter 17.140 the provision of which shall not apply to a recycling facility.
I. No additional parking spaces shall be required for a small recycling center, over and above those required for the principal use. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during the hours mobile unit is to be present.
J. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the principal use unless the facility is located in a convenience zone as designated by the California Department of Conservation.
K. The permit for a small recycling center shall be valid for a period of time not to exceed five years. After which time it may be reviewed for another five years. If at any time the small recycling center is not in use for six months or more, it shall be immediately removed from the site and the planning director notified.
L. Applicants seeking approval for a small recycling center shall submit plans and other information sufficient to demonstrate compliance with the above requirements including the name, address and telephone number of the person responsible for the daily maintenances and periodic collection of recyclable materials and written approval from the property owner.
M. The above requirements may be waived or modified by the planning director if the result is to improve the overall function, site operation or appearance of the small recycling center; or that the design and/or location of the small recycling center makes the above unnecessary. (Prior code § 27.234)