Chapter 18.06 RESIDENTIAL LAND USE (R-1, R-2, R-3)

Chapter 18.06
RESIDENTIAL LAND USE (R-1, R-2, R-3)

Sections:

18.06.010 Purpose and intent.

18.06.020 Schedule of uses.

18.06.025 Use regulations.

18.06.030 Residential development standards.

18.06.035 R-1-B-3 development standards.

18.06.040 Specific development standards.

18.06.050 Exceptions to development standards.

18.06.060 Manufactured homes.

18.06.070 Nonconforming structures.

18.06.080 Permits and plan review.

18.06.010 Purpose and intent.

A. Purpose. The purpose of these residential district regulations is to: provide appropriately located areas for residential development that are consistent with the local coastal program, land use plan and general plan and with standards of public health and safety established by the municipal code; ensure adequate light, air, privacy and open space for each dwelling by establishing reasonable development standards for the mass, scale and location on a building site for all new residential construction; achieve a high standard of site and building design, and design compatibility with surrounding neighborhoods; provide for a range of permitted uses and activities within the various residential districts; and provide sites for public and semipublic land uses needed to complement residential development or requiring location in a residential environment.

B. Intent. The intent of this chapter is to establish the following residential districts and to guide the orderly development within each district:

1. Single-Family. R-1, single-family residential zoning district;

2. Two-Family. R-2, two-family residential zoning district;

3. Multifamily. R-3, multifamily residential zoning district. (Ord. 5-00 §2 Exh. B (part), 2000).

18.06.020 Schedule of uses.

Tables A-1 through A-5, schedules of uses, of this chapter establish the uses permitted within each residential district. Certain uses are permitted as a matter of right, subject to the provisions of this title. Other uses, by their nature, require the approval of a use permit. Some uses are subject to the use regulations set forth in Section 18.06.025. Any use not expressly permitted is expressly prohibited. (Ord. C-2015-08 §2 (Exh. A (part)), 2015; Ord. 5-00 §2 (Exh. B (part)), 2000).

Table A-1

SCHEDULE OF RESIDENTIAL USES
Residential Uses	Allowed by Zoning	With a Use Permit	Additional Regulations
Single-family	All R Districts
Two-family	R-2, R-3
Multifamily	R-3
Small family day care	All R
Large family day care	All R
Residential care, limited	All R		3
Supportive housing	All R
Transitional housing	All R
Animal, exotic		R-1
Animal, large		R-1	1, 2
Animal, small	All R		1, 2
Domestic fowl	R-1, R-2	R-1, R-2	1, 2

Table A-2

SCHEDULE OF COMMERCIAL USES
Commercial Uses	Allowed by Zoning	Additional Regulations
Home occupations	All R	6
Agriculture/ horticulture	All R	5
Parking for adjacent business	All R	7
Swimming schools	R-1, R-2	8

Table A-3

SCHEDULE OF PUBLIC/SEMI-PUBLIC/INSTITUTIONAL USES
Public/Semi-Public/ Institutional Uses	Allowed by Zoning	With a Use Permit	Additional Regulations
Convalescence facilities		R-3	4
Day care, general		R-2, R-3	4
Residential care, general		R-3	4
Schools, public	All R
Schools, private		All R
Golf courses		All R
Libraries	All R
Public parks	All R
Private recreation facilities		All R
Public safety	All R
Religious assembly		All R
Utilities, major		All R
Utilities, minor	All R

Table A-4

SCHEDULE OF ACCESSORY USES
Accessory Uses	Allowed by Zoning	With a Use Permit	Additional Regulations
Accessory dwelling units	All R

Table A-5

SCHEDULE OF TEMPORARY USES
Temporary Uses	Allowed by Zoning	Additional Regulations
Commercial filming	All R	9
Construction trailer	All R	11
Personal property/ garage sales	All R	10
New subdivision sales office	All R

(Ord. C-2018-04 §2(Att. A)(part), 2018; Ord. C-2016-03 §3, 2016; Ord. C-15-10 §1(Exh. A(part)), 2010; Ord. 5-00 §2 Exh. B (part), 2000).

18.06.025 Use regulations.

Additional regulations for permitted uses in each residential district shall be met for the following uses:

A. Animals. In addition to the definitions and classifications of this subsection, all animals are subject to subsection B of this section, animal maintenance regulations. Animals which are not in compliance with animal maintenance regulations may be kept only upon such terms and conditions and for such time as may be prescribed by the planning commission in conjunction with the approval of a use permit.

1. Animal, Exotic. “Exotic animal” means any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display.

2. Animal, Large. “Large animal” means an animal larger than the largest breed of dogs. This term includes boars, cows, goats, horses, llamas, mules, domestic pigs, sheep, and other animals customarily kept in corrals or stables.

3. Animal, Small. “Small animal” means small domestic animals of the type customarily kept as household pets, including birds other than domestic fowl, cats, chinchillas, dogs, miniature pigs, small reptiles, rodents, and other similar animals no larger than the largest breed of dogs. No more than three small animals may be kept outside on any site in a residential district with less than five thousand square feet. A maximum of four small animals may be kept at any site in any residential district with a minimum of five thousand square feet. Five or more small animals may be permitted in the R-1 and R-2 districts upon securing a use permit in each case.

4. “Domestic fowl” means chickens, ducks, geese, pea fowl, pigeons, turkeys and other fowl typically used for food or food products, which may create a disturbance to the peace within residential districts. A maximum of two domestic fowl may be permitted in the R-1 and R-2 districts at any one time. Three or more domestic fowl are permitted in an R-1 district upon securing a use permit in each case. Domestic fowl are prohibited in the R-3 district.

5. Animal, Young. “Young animal” means any animal under the age of four months.

6. Roosters. Roosters are strictly prohibited in all residential districts.

B. Animal Maintenance Regulations. In addition to the additional regulations set forth in subsection A of this section, the maintenance of permitted animals and pets shall be in compliance with the following regulations:

1. Caged or Housed Within Residence. Except as may be approved as a part of a use permit, or in conjunction with a recognized agriculture or animal husbandry educational program, including any similar program such as those for police dogs or guide dogs for the blind or hearing impaired, no animal other than small animals such as household pets shall be caged or housed within a residence, or within twenty feet of the residence or adjacent residences, or within twenty feet of a required front yard or within sixty feet of the front lot line. No animal housing or caging shall be maintained closer than ten feet to any adjoining property line, nor should any such housing or cage be visible from adjacent public or private property.

2. Open Space Requirement. The maximum number of animals permitted on a property shall be determined by the amount of open space area on the lot. For purposes of this section, open space shall be defined as the sum total of the site less any coverage for the main and accessory buildings. Calculation of the total open space required shall be cumulative, based upon the number of animals. Young animals can be excluded when determining the open space requirements, if the number of such animals is not three times the number of permitted animals at any one time. The minimum amount of open space devoted to the keeping of animals other than small animals such as household pets shall be five thousand square feet. The following additional open space area requirements shall apply:

a. Additional Small Animals. For each additional small animal or domestic fowl: five hundred square feet;

b. Additional Large Animals. For each large animal: two thousand square feet;

c. Additional Exotic Animals. For each exotic animal: determined by use permit.

3. Adequate and Sanitary. Housing or caging of animals shall be adequate and sanitary, and all animals shall be kept in a manner approved by the county health officer.

4. Rodent-Proof Storage. All animal food stored outside, except hay and straw, shall be stored in rodent-proof containers.

5. Animal Slaughter. The slaughter of small animals raised on the site, such as poultry and rabbits, is permitted only where intended for consumption by the resident family.

6. Large Animal Use Permit Waived. A large animal as defined in this chapter may be maintained in an R-1 district without the requirement for a use permit under the following circumstances:

a. Animal Husbandry Program. Participation in a recognized agriculture or animal husbandry educational program, including similar programs such as those for police dogs or guide dogs for the blind or hearing impaired is required.

b. Maximum of One. A maximum of one large animal shall be permitted and only during the time of active participation in the program. In the event more than one large animal is proposed per resident, a use permit shall be required.

c. Resolve Complaint. That in the event complaints are received from adjoining or nearby residents, the participant(s) shall make every attempt to resolve the conflict resulting in the complaint.

d. Referred to Planning Commission. In the event the issue cannot be resolved to the satisfaction of the complaining party, either the animal(s) shall be removed or the matter shall be referred to the planning commission for resolution on a “no fee” basis. Prior to consideration by the planning commission, the community development director shall notify the complaining party and the animal owner(s) of the time, date and place of the planning commission meeting at which the issue will be discussed. The decision of the planning commission shall be final unless appealed to the city council.

C. Day Care, Limited, and Residential Care, Limited.

1. Six or Fewer. As defined in this title, these uses are limited to non-medical care for six or fewer persons.

D. Convalescence Facilities and Day Care, General.

1. Use Permit. A use permit shall be required prior to the establishment of any new or expanded convalescence facility or general day care business in the R-2 and R-3 districts.

2. Plans Reviewed. Plans shall be reviewed, and/or facilities inspected by the Half Moon Bay fire protection district prior to review by the city.

3. Permits. All required city, county, or state permits or licenses must be obtained by the applicant prior to the issuance of permits to establish the use.

4. Vehicle Control. Plans shall include controls for vehicle circulation, drop-off and pick up, and employee parking to ensure compatibility with the residential environment.

E. Agriculture/Horticulture. Commercial agriculture shall be limited to any site within any residential district with five acres or more of land; retail sales shall be allowed only if specifically addressed as a part of an approved use permit. Nurseries and greenhouses shall be used only for propagating and cultivating of plants and cut flowers; provided, that no retail sales shall be allowed, and the site shall be a minimum of one acre.

F. Home Occupations. Home occupations are permitted in all residential districts and shall comply with the following:

1. Resident Only. No one other than a resident of the dwelling shall be employed on site or report to work at the site of a home occupation. This prohibition also applies to independent contractors.

2. No Inconsistent Activity. There shall be no interior or exterior activity related to the home occupation inconsistent with or interfering with residential use of the property or detrimental to property in the vicinity.

3. Entirely Within. A home occupation shall be conducted entirely within a building, either the main residence or an accessory building, and shall occupy no more than five hundred square feet of floor area. No outdoor storage of materials or supplies shall be permitted in conjunction with the home occupation.

4. No Visibility. The existence of a home occupation shall not be apparent beyond the boundaries of the site, and no home occupation shall involve the use of a sign, nor the display of products visible from the street.

5. No On-site Retail. The home occupation shall not involve on-site retail business, interior or exterior alterations, nor construction features not normally found in dwellings.

6. No Traffic. A home occupation shall not create pedestrian, automobile, or truck traffic detrimental to property in the vicinity.

7. Submittal Required. Prior to the issuance of a business license for a home occupation, the applicant shall submit to the community development director a written description of the operational characteristics of the proposed home occupation. The community development director shall determine that the proposed home occupation complies with the requirements of this section. Decisions of the community development director may be appealed to the planning commission by the applicant or by any interested party.

8. Complaints. In the event a complaint is received regarding a home occupation, the community development director shall refer the issue to the planning commission to review the operational characteristics of the use. Both the complaining party and the operator of the home occupation shall be notified of the time, place, and date of the planning commission meeting. In the event it is determined that the home occupation is detrimental to the neighborhood, the planning commission may impose any conditions necessary to maintain consistency with the provisions of this chapter.

G. Parking Areas. Surfaced parking areas to support commercial uses adjacent to residential districts may be approved by use permit. Any such support parking area shall be subject to review and recommendations by any city council appointed advisory committee or commission prior to consideration by the planning commission of a use permit application.

H. Swimming Schools. Swimming schools may be approved by use permit in R-1 and R-2 districts on sites having a minimum of six thousand square feet.

I. Commercial Filming. Commercial filming is permitted in all residential districts upon securing all necessary permits and licenses required by this code.

J. Personal Property Sales. Personal property sales such as garage sales are limited to a maximum of three weekends per calendar year for each site in the R-1 districts and per dwelling unit in the R-2 and R-3 districts.

K. Construction Trailer. For purposes of this section, a construction trailer is defined as a mobile or temporary office facility for the use of the contractor during the construction of a residential structure or structures. The construction trailer shall be removed from the site within ten days of issuance of a certificate of occupancy or the final building inspection, whichever occurs first. The construction trailer may be converted to a sales office upon approval of a use permit in each case.

L. Large family day care is allowed incidental to a residential use in all residential zoning districts subject to a determination by the community development director that the large family day care conforms to all of the following:

1. Concentration of Uses. No more than one large family day care shall be permitted within three hundred linear feet of the property line of any existing large family day care.

2. Parking. On-site parking beyond that required for the residential use shall not be required.

3. Passenger Loading. In addition to available on-street loading, a minimum of one passenger loading space shall be provided on the site during pick-up and drop-off periods.

4. Noise. Operation of a large family day care shall conform to the noise limitations of Chapter 9.23.

5. Screening of Outdoor Play Areas. A solid fence in conformance with the requirements of this chapter shall be provided to screen outdoor play areas located in the rear yard.

6. Residency. The operator of a large family day care must be a full-time resident of the dwelling unit in which the day care is located.

7. Garage. No portion of a garage providing “required” parking shall be utilized for the day care.

8. Fire and Building Code Requirements. Large family day care shall conform to the requirements of the State Fire Marshall.

9. State and Other Licensing. Large family day care shall be state licensed and operated according to all applicable state and local regulations. (Ord. C-2019-03 §2(Exh. A)(part), 2019; Ord. C-2016-03 §4, 2016; Ord. C-2015-04 §1(part), 2015; Ord. C-2014-12 §1, 2014; Ord. C-2014-05 §1, 2014; Ord. 5-00 §2(Exh. B)(part), 2000).

18.06.030 Residential development standards.

Table B of this chapter provides the schedule of development standards for all R-1 districts. Table C provides the schedule of development standards for R-2 and R-3 districts. These standards are to be observed in conjunction with Section 18.06.040. Specific development regulations, for all development in residential districts.

Table B

R-1 ZONING DISTRICT DEVELOPMENT STANDARDS
Building Site Characteristics	R-1	R-1--B1	R-1--B2
Minimum site area (square feet)	5,000	6,000	7,500
Minimum average site width	50'	60'	75'
Minimum front setback	20'	25'	25'
Minimum side setback	5'	5'	6'
Minimum street facing side setback	15'	15'	15'
Combined minimum side setback1	20%	20%	20%
Rear, minimum setback	20'	20'	20'
Single-story, maximum height	20'	20'	20'
Multi-story, maximum height	28'	28'	28'
Maximum single-story site coverage	50%	50%	50%
Maximum multi-story site coverage	35%	35%	35%
Floor area ratio	0.5:1	0.5:1	0.5:1
Parking garage spaces	2	2	2
Usable open space per unit	N/A	N/A	N/A

1 Combined side yards equal or exceed twenty percent of average site width.

Table C

R-2 AND R-3 ZONING DISTRICT DEVELOPMENT STANDARDS
Building Site Characteristic	R-21	R-22	R-3
Maximum allowed density	17.42 dwelling units per acre		29.04 dwelling units per acre
Minimum required density	10.00 dwelling units per acre		15.00 dwelling units per acre
Minimum site area per unit (square feet)	5,000	2,500	1,500
Maximum site area	N/A	N/A	N/A
Minimum site area (square feet)	5,000	5,000	5,000
Minimum average site width	28.5'	50'	75'
Minimum front setback	20'	20'	20'
Minimum side setback	5'	5'	5'
Minimum street facing side setback	10'	10'	10'
Combined minimum side setback	20%	20%	20%
Rear minimum setback	20'	20'	20'
Single-story maximum height	20'	20'	20'
Multi-story maximum height	28'	28'	40'
Maximum single-story site coverage	50%	50%	50%
Maximum multi-story site coverage	35%	35%	45%
Floor area ratio	0.5:1	0.5:1	N/A
Usable open space per unit	N/A	15%	15%

1 For single-family residences on a site.

2 For two dwellings on a site.

(Ord. C-2014-10 §4(A), 2014; Ord. C-15-10 §1(Exh. A(part)), 2010; Ord. 5-00 §2 Exh. B (part), 2000).

18.06.035 R-1-B-3 development standards.

The following development standards shall apply in the R-1-B-3 district:

A. Uses permitted shall be those specified in Section 18.06.020.

B. Additional regulations shall be those specified in Section 18.06.025.

C. Except as set forth in subsection D of this section, development standards shall be as specified for the R-1 district in Section 18.06.030 and as generally applicable in Sections 18.06.040 through 18.06.080.

D. Notwithstanding subsection C of this section, the standards set forth in Table B-2 shall apply:

Table B-2: R-1-B-3 ZONING DISTRICT DEVELOPMENT STANDARDS
Minimum Lot Size	Average Minimum Width	Front Yard Setback	Side Yard Setback	Rear Yard Setback
10,000 sq. ft.	90 ft.	25 ft.	20% of width of lot; 5 ft. min. on each side	20 ft.

(Ord. C-2013-08 §2, 2013: Ord. C-2013-01 §2, 2013).

18.06.040 Specific development standards.

In conjunction with the specific development standards set forth in Tables B and C of this chapter, the following specific development regulations shall apply:

A. Open Space. Development of multi-family structures in the R-2 district and R-3 district shall include usable open space which is fifteen percent of the floor area per unit, as follows:

1. Usable Open Space. Usable open space shall be defined as the sum of private open space and common open space as defined in this section providing outdoor or unenclosed area on the ground, or on a balcony, deck, porch or terrace designed and accessible for outdoor living, recreation, pedestrian access or landscaping, but excluding parking facilities, driveways, utility or service areas, or any required front or street side yard and excluding any land area with a slope in excess of twenty percent.

2. Private Open Space. Private open space is open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests, such as patios or screened decks or balconies. Patios at grade level must have a minimum area of one hundred twenty square feet, and balconies must have a minimum area of sixty square feet with no dimension less than six feet, in order to meet a portion of the open space requirement.

3. Common Open Space. Common open space is open space used commonly by residents of a building, having a minimum dimension of fifteen feet in any direction and a minimum area of three hundred square feet. Common open space includes terraces, courts, nonstreet side yards, rear yards, open patios and decks, rooftops surrounded by parapet wall or similar structure having a minimum height of four feet. Common open space shall be open to the sky and shall not include driveways, pedestrian access to units, parking areas or area required for front or street side yards.

B. Landscaping.

1. Guideline Conformance. All planting areas, plant materials, and irrigation shall conform with guidelines in the city’s current water-efficient landscaping program.

2. Landscape Plan. A landscaping plan is required for all new multi-family residences, and shall be in conformance with design criteria contained in this title and the city’s current water-efficient landscaping program.

3. No Impediments. No landscaping may impede, block, obstruct, or otherwise be allowed to grow over a public sidewalk or other form of public or private access way such as a street, sidewalk or road. Trees and shrubs shall be maintained in such a manner as to provide a minimum clear distance between any public or private sidewalk, street, road or right-of-way and the lowest foliage.

4. Sight Distance. Within the sight distance area of any corner, as defined herein, trees must be pruned to allow a nine-foot clearance between natural grade and the lowest foliage, and shrubs must be trimmed to a maximum height of three feet.

a. Sight Distance Area. A triangular area measured from the corner property marker or the apex of the radius of the curve, to two points located twenty-five feet back along the front and side property lines and completed by the diagonal connecting these two points. The volume of space between three feet and nine feet above this triangular area is to be kept clear to allow safe vehicular movements at the street intersection. During review of new development on corner lots, this sight distance area can be increased for streets, upon a finding that the increased sight distance is required for safety at the intersection made during the review of the discretionary permit(s) for the project.

C. Height of Fences, Walls, Gates and Hedges. The height of a fence, wall or hedge shall be measured vertically from the natural or finished existing grade, whichever is lower, at the base of the fence, wall or hedge to the top of the fence, wall or hedge above that grade. The following specific criteria shall apply in all residential districts:

1. Driveway Gates. Decorative gates may extend up to one foot higher than the fence height permitted in that location.

2. Maximum Height. The maximum height of a solid fence, wall or hedge shall be as follows:

a. Front Limited Height. Fences, walls, and hedges located within a required front yard setback area or within the site distance area as defined herein shall be limited to a maximum height of three feet.

b. Rear Limited Height. Fences, walls, and hedges located to the rear of the required front yard setback area shall be limited to a maximum height of six feet, unless this area is also within the site distance area as defined herein, in which case the maximum height shall not exceed three feet in the site distance area.

c. Trellis or Rails. An additional one foot of fence or wall height is permitted on front yard, rear yard and interior side yard fences, only if the added fencing has openings comprising at least fifty percent of the added area (such as lath trellis or rails).

d. Retaining Wall Fence. Where a retaining wall protects a cut below existing grade or contains a fill above the existing grade and is located on the line separating lots, such retaining wall may be topped by a fence, wall or hedge with the maximum total height not to exceed six feet.

D. Off-Street Parking. Off-street parking shall be provided for all uses within a residential district in accordance with the following minimum requirements:

1. Parking Spaces. Parking spaces shall conform to the following sizes:

Table D

PARKING SPACE SIZE
Type of Space	Dimensions
Standard	9' x 19' clear
Parallel	10' x 22' clear

2. Access Aisles. Parking areas shall provide adequate aisles for all vehicle turning and maneuvering, and conform to the following parking standards:

Table E

PARKING STANDARDS
Parking Angle	Circulation	Aisle Width
0 degree	one-way	12 feet
0 degree	two-way	24 feet
85 -- 90 degree	one-way	22 feet
85 -- 90 degree	two-way	25 feet
30 -- 45 degree	one-way	14 feet
50 -- 55 degree	one-way	16 feet
60 degree	one-way	18 feet
65 -- 80 degree	two-way	20 -- 23 feet

3. Street Right-of-Way. No parking area shall be designed so that vehicular maneuvering on or backing up into public or private street right-of-way is necessary. This regulation shall not apply to driveways in R-1 and R-2 districts or to projects with two or fewer units in the R-3 district.

4. Location. Required garage spaces shall not be located within the front yard setback, but open, uncovered parking spaces may be located within the side or rear yards.

5. Duplexes and Triplexes. One guest parking space required. The guest parking space shall be uncovered. The guest parking space shall not be in tandem with other required parking spaces without approval of a parking exception.

6. Multifamily Residential. Specific provisions apply to the C-D district per Chapter 18.07; otherwise, at least one of the two required parking spaces for each unit shall be enclosed within a garage. The second required parking space and guest parking spaces may be uncovered.

7. Carports. Any carport or open parking area for five or more cars serving a residential use shall be screened by a solid wall or fence six feet in height, except that the height of a wall or fence adjoining a required front yard shall be not less than two feet or more than three feet.

8. Garages. Garages shall provide adequate interior area for standard parking spaces. Garage door openings shall have a minimum height of seven feet and shall be covered by a solid or sectional overhead door which shall be constructed of durable material approved by the building department, and painted, stained or treated to be harmonious with the exterior of the residential structure. All required garages shall be kept free, clear, and accessible for the parking of a vehicle or vehicles at all times.

E. Driveways. Visibility of a driveway crossing a street property line shall not be blocked between a height of three feet and nine feet for a depth of five feet from the street property line as viewed from the edge of the right-of-way on either side of the driveway at a distance of fifty feet or at the nearest property line intersection with the street property line, whichever is less.

1. Semi-Circular. Semi-circular driveways are permitted on lots with widths of seventy-five feet or more, if no more than fifty percent of the front setback area is to be paved, and if visible landscaping is to be installed between the driveway and the sidewalk.

2. Minimum Widths. On building sites in the R-1 district and R-2 district, driveways leading to two-car garages shall have a minimum width of eighteen feet for two-car garages and nine feet for single car garages, and a minimum depth of eighteen feet for roll-up doors and twenty feet for pull-up doors, with a corresponding width of the opening into the garage. Driveways leading to a detached or attached garage in the rear yard shall provide the same dimensions adjacent to the garage, but may be reduced to a minimum width of ten feet in required setback areas.

F. Underground Utilities. All new electrical, telephone, cable TV and similar distribution lines providing direct service to a residential development site, and any such service existing on the site, shall be installed underground within the site unless such installation is deemed unfeasible.

G. Maximum Building Envelope. The maximum building envelope shall apply to all residential development within any residential zone. The maximum building envelope under which all structures in residential zones must fit is defined as follows: a plane that begins at ten feet above the side property lines and extends into the property at a forty-five-degree angle and sixteen feet above the front and rear setback line and extends into the property at a sixty-degree angle. The following features may breach the maximum building envelope as defined in this subsection:

1. Dormers or gables may extend beyond the building envelope; provided, that the combination of all of these features on one development site measures no more than fifteen horizontal feet at the intersection of the building envelope on any side yard building envelope, and the total overall height of the encroaching features does not exceed the maximum allowed building height. (Ord. C-2020-02 §2(Att. A)(part), 2020; Ord. C-8-11 §2(A), 2011; Ord. C-15-010 §1(Exh. A)(part)), 2010; Ord. 5-00 §2 Exh. B (part), 2000).

18.06.050 Exceptions to development standards.

A. Exceptions to Height Standard.

1. Chimneys. Chimneys may only exceed the maximum height limit of each residential district to the extent required by the California Building Code.

2. Architectural Features. Towers, spires, cupolas, elevator penthouses or similar architectural features, and mechanical appurtenances shall conform to the maximum height limit of each residential district.

3. Exceptions. In addition to the findings for a variance as set forth in this title, the planning commission may approve an exception to allow a structure to exceed the maximum building height set forth for each residential district in Tables B and C of this chapter. Review of the application by the planning commission shall include an evaluation of the proposed bulk of the structure including both horizontal and vertical dimensions, the location of the structure on the lot, and the treatment of all setback and open areas, and light planes. The planning commission may consider the recommendation of any city council appointed advisory committee or commission. The following additional findings of approval shall be made:

a. Increased Building Height. That the increased building height will result in more public visual open space and views than if the building(s) were in compliance with the maximum building height standard for the residential district;

b. More Desirable Result. That the increased building height will result in a more desirable architectural treatment of the building(s) and a stronger and more appealing visual character of the area than if the maximum building height standard were complied with;

c. No Undesirable Results. That the increased building height will not result in undesirable or abrupt scale relationships being created between the structures and existing developments in the district;

d. No More Floor Area. That the structures shall have no more floor area than could have been achieved without the exception.

B. Exceptions to Maximum Floor Area Ratio Standard. In addition to the findings for a variance as set forth in this title, the planning commission may approve an exception to the floor area ratio standards subject to the following additional findings in each case:

1. Predominant Pattern Retained. The visual scale and bulk of the proposed structure is consistent with the predominant pattern established by the existing structures in the surrounding neighborhood;

2. Site Compatible. The proposed structure is compatible with the physical characteristics of the site;

3. Views Not Impacted. The additional square footage of the proposed structure will not impact public or private views across the site;

4. Solar Access Protected. The additional floor area shall not impact solar access for adjacent structures.

C. Exceptions to Lot Coverage Standard. The area of walks, patios, in-ground swimming pools or pools that do not project more than thirty inches above the ground, uncovered decks thirty inches or less above the ground, and eaves projecting thirty inches or less from the exterior surface of a building wall shall not be included in lot coverage calculations.

D. Exceptions to Setback Standards.

1. Detached Accessory Structures.

a. Detached accessory structures not exceeding two hundred fifty square feet in floor area and not exceeding eight feet in overall height may be located within the required rear yard setback of a site but shall be no closer than five feet to the rear property line or five feet to the side property line.

b. Detached accessory structures exceeding two hundred fifty square feet in floor area and exceeding twelve feet in overall height may be located within the required rear yard setback of a site but shall be no closer than ten feet to the rear property line or five feet to the side property line; provided, that it does not encroach into the maximum building envelope.

c. Detached accessory structures shall conform to all applicable requirements of the California Building Code.

2. Attached Structures and Features. The aggregate length of all bay windows, balconies, canopies, chimneys, covered porches and decorative features attached to a structure may project into a required yard or setback area across no more than twenty percent of the buildable width of the lot along a rear building wall, and twenty percent of the buildable length of a street-side building wall. The area defined by the permitted encroachment and the aggregate permitted length is the maximum projection area.

a. Enclosed Porches and Solariums. If attached to the first floor of a residence, may extend into the rear yard setback across twenty percent of the lot width, but shall provide a minimum rear yard setback of thirteen feet, and provide the required side yard setbacks set forth in Tables B and C of this chapter. Enclosed porches and solariums shall not exceed a maximum height of nine feet in the required setback area. Solariums, porch and deck covers added on upper floors may not encroach into required rear and side setbacks. The area covered by enclosed accessory structures shall be included in lot coverage calculations.

b. Balconies. Balconies on the second floor or above may project a maximum of thirty inches into either the required front or rear setback. Balconies or second floor decks encroaching into required front or rear yard setbacks shall have open railings, glass or architectural details with openings to reduce visible bulk; balconies composed solely of solid enclosures are not allowed to project into required yards. That portion of a balcony which projects into a setback area shall not be covered.

3. Patio Covers. Patio covers of open roof trellis design only, attached to the main structure, may be located in the required rear yards, but must provide a minimum of five feet for a rear yard setback and a side yard setback equal to the required side yard of the underlying zoning district.

4. Eaves, Cornices, Canopies, Awnings and Mechanical Equipment. These features may project a maximum of thirty inches into the required yards; provided, that a minimum clearance of three feet remains.

5. Planter Boxes and Other Decorative Features. Decorative features attached to the walls of a structure may encroach a maximum of twelve inches into any required setback area.

6. Bay Window Encroachment. Bay windows providing floor area (i.e., extending from the finished floor upward) may not encroach into required setbacks, and are included In lot coverage calculations.

7. Bay Window Calculations. Bay windows having a minimum of eighteen inches of clear space above finished grade that do not provide floor area and do not project beyond the eaves are not included in lot coverage calculations. Bay windows that provide a minimum of eighteen inches of clear space above grade and that do not provide floor area may encroach a maximum of thirty inches into required front and rear yard setbacks, and a maximum of twelve inches into any required side yard setback.

E. Development Standards for Exceptional, Substandard and Severely Substandard Lots. This section sets forth standards for development on substandard or severely substandard lots, which are defined in the zoning code definitions in Section 18.02.040.

1. Exceptional lots shall be subject to the R-1 development standards set forth in Table B of this chapter, unless otherwise specified.

2. Development on substandard or severely substandard lots, other than exceptional lots, shall meet all standards set forth in Tables E and F of this chapter, respectively, unless otherwise specified. Project design review pursuant to Chapter 14.37 is required for all development, including additions and accessory structures but not including any streamlined accessory dwelling unit, as defined in Section 18.33.030, on any substandard or severely substandard lot or building site except as provided in subsection (E)(3) of this section.

3. Coastal Act Consistency. The exception to development standards for substandard, severely substandard, and exceptional lots set forth in this subsection shall only be applied in full conformity with coastal development permitting requirements pursuant to Sections 30600 and 30610 of the Coastal Act and Title 14 Sections 13250, 13252, and 13253 of the California Code of Regulations and Sections 18.20.025 and 18.20.030 of the zoning code.

Table E

DEVELOPMENT STANDARDS FOR SUBSTANDARD LOTS
Lot coverage	Standard for the zone
Floor area ratio	Standard for the zone. Basements with floor area of 15% or less of the total calculated FAR, up to a maximum of 225 square feet, may be allowed subject to architectural review.
Maximum building envelope	Applicable
Required parking	Two spaces: one garage space with dimensional standards as set forth in this chapter, and one covered space not located in the front yard setback.
Front setback	Standard for the zone
Side setback	Standard for the zone
Rear setback	Standard for the zone
Street-facing side yard setback	Standard for the zone
Height	28 feet for two-story 20 feet for single-story, including single-story and loft1

1 Single-story structures with height above twenty feet are required to follow the procedures for exemption to the height standards set forth in this chapter.

Table F

DEVELOPMENT STANDARDS FOR SEVERELY SUBSTANDARD LOTS
Lot coverage	Standard for the zone
Floor area ratio	Standard for the zone. A maximum of 200 square feet above the maximum calculated floor area ratio is permitted. Basements with floor area of 15% or less of the total calculated FAR, up to a maximum of 225 square feet, may be allowed subject to architectural review.
Maximum building envelope	Applicable.
Required parking	Two spaces: one garage space with dimensions as set forth in this chapter. One additional parking space, whether covered or not, and not located within the front yard setback.
Front setback	Standard for the zone.
Side setback	A minimum of 8 feet combined, with a minimum of 3 feet on one side. On a side that contains less than a 4-foot setback, the structure must be separated by a minimum of 8 feet from any structure on the adjacent lot. Driveways to the rear garage structure must be a minimum of 10 feet. Rear garages can be a minimum of 3 feet from an interior side or rear property line.
Eave overhangs	Notwithstanding any other rules set forth in this title, severely substandard lots may have an eave encroachment that extends no more than 18 inches into the side yard. All other yards may have a 30-inch encroachment.
Rear setback	Standard for the zone.
Street-facing side yard setback	10 feet, including garage.
Height	28 feet for two-story 20 feet for single-story, including single-story and loft1

1 Single-story structures with height above twenty feet are required to follow the procedures for exception to the height standards set forth in this chapter.

F. Exceptions for Affordable Housing. Any of the development standards and regulations of this chapter may be waived or relaxed by the planning commission for an affordable housing project if the resulting development fully conforms with the policies of the certified land use plan and all other applicable provisions of the zoning code outside this chapter.

G. Exceptions for Senior and Housing for Disabled Persons Projects. Any of the development standards and regulations of this chapter may be waived or relaxed by the planning commission for a single-family, multifamily, or single-room occupancy housing project restricted to occupancy by senior citizens or disabled persons if the resulting development fully conforms with the policies of the certified land use plan and all other applicable provisions of the zoning code outside this chapter.

H. Exceptions for Large Rental Units. Affordable or market-rate multifamily rental projects that include twenty-five percent or more units with at least three bedrooms shall be eligible for the following exceptions:

1. A ten percent density bonus, based on the maximum allowed density of the site pursuant to the Zoning Code. The density bonus shall be rounded to the nearest whole number. This density bonus is not in addition to any other density bonus for which the project may be eligible.

2. Reductions in development standards consistent with the applicable provisions of subsection G of this section and Chapter 18.42.

3. If a market-rate project is not eligible for any reductions or waivers in development standards pursuant to subsection G of this section or Chapter 18.42, the project may receive one of the following incentives: (a) a ten percent reduction in front, side, and rear yard setback requirements, (b) a ten percent increase in maximum height, or (c) a four percent increase in maximum site coverage.

I. Exceptions for Minor Improvements for Disabled Access. Exceptions to the city’s development requirements, including standards and regulations of this code, may be waived or relaxed by the community development director for minor improvements to buildings to reasonably accommodate access needs for disabled persons.

1. Procedure. Exceptions to existing development standards may be granted by the community development director, upon making all of the findings outlined below.

a. The request for an exception shall be submitted on an application form provided by the planning department and shall include the following information:

i. A site plan and elevations.

ii. Basis for the claim that the individual is considered disabled.

iii. The municipal code provision, zoning ordinance provision, or other regulation or policy from which the exception(s) is requested.

iv. Additional supporting information as may be required by the community development director to provide sufficient understanding of the request and compliance with development standards.

b. No public notice or hearing is required.

c. Exceptions shall be granted subject to the following restrictions:

i. Improvements shall be restricted to those necessary for enhanced access for disabled persons, including but not limited to, access ramps, widening of hallways, or expansion of bathrooms or closets.

ii. Exceptions to development regulations shall be limited to any, or all, of the following, over the life of each structure:

aa. Paved area coverage not greater than two hundred fifty square feet in excess of allowable limits for the site; and/or

bb. Floor area not greater than one hundred fifty square feet in excess of allowable limits for the site; and/or

cc. Encroachment into setbacks not greater than ten percent of the allowable setback width; and/or

dd. Increased maximum building size for a main residence or primary building not to exceed one hundred fifty square feet in excess of the allowable maximum for the site.

2. Findings. The community development director shall make all of the following findings in order to grant an exception for minor improvements for disabled access:

a. The proposed exception(s) are necessary to provide for access by a person with a disability as defined by the Federal Fair Housing Act or the California Fair Employment and Housing Act (the Acts).

b. The house or building will be used by an individual with a disability protected under the Acts.

c. The exception(s) is necessary to make a specific home or building accessible to an individual with a disability under the Acts.

d. The requested exception(s) would not impose an undue financial or administrative burden on the city.

e. The proposed exception(s) will cause no significant negative environmental impacts to the applicant’s property, adjacent properties, or to the surrounding neighborhood and city.

f. The proposed exception(s) will cause no significant negative impacts on the privacy of the applicant or adjacent neighbors.

g. A request for reasonable accommodation under this section may be approved if it is consistent with the certified local coastal program or it may be approved and the city may waive compliance with an otherwise applicable provision of the local coastal program if the city finds both of the following: (i) the requested reasonable accommodation is consistent, to the maximum extent feasible, with the certified local coastal program; and (ii) there are no feasible alternative means for providing an accommodation at the property that would provide greater consistency with the certified local coastal program.

h. The request for reasonable accommodation(s) would not require a fundamental alteration in the nature of the city’s land use and zoning and building regulations, policies, practices and procedures, and the city’s local coastal program. (Ord. C-2021-01 §2(Att. A), 2021; Ord. C-2019-03 §2(Exh. A)(part), 2019; Ord. C-2018-04 §2(Att. A)(part), 2018; Ord. C-2015-04 §1(part), 2015; Ord. C-2014-10 §4(B), 2014; Ord. C-8-11 §§2(B), (C), 2011; Ord. C-15-10 §1(Exh. A)(part), 2010: Ord. O-2-06 §2, 2006; Ord. O-6-04 §2 Exh. A (part), 2004; Ord. O-5-04 §1 Exh. A, 2004; Ord. O-4-04 §1 Exh. A, 2004; Ord. 5-00 §2(Exh. B)(part), 2000).

18.06.060 Manufactured homes.

A. Intent. It is the intent of the city to provide opportunities for the placement of manufactured homes in single-family residential districts, consistent with state law, and to ensure that such manufactured homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.

B. Approval. Approval by the community development director is required prior to the issuance of building permits for individual manufactured homes on a site in any R-1 district, subject to the provisions of this section. The community development director shall review each proposed manufactured home to determine compatibility in design and appearance with residential structures in the vicinity, based upon design and development criteria set forth in this section.

C. Location. Manufactured homes may be located in any residential district where a single-family detached dwelling is permitted, subject to the same restrictions on density and to the same property development regulations. Manufactured homes may be located on building sites with an average slope of less than or equal to ten percent.

D. Design and Development. The design and development criteria set forth in this section is intended to protect neighborhood integrity, provide for harmonious relationships between manufactured homes and surrounding uses, and minimize problems that could occur as a result of locating manufactured homes on building sites designated for single-family residential uses. Each manufactured home:

1. Width. Shall be at least eighteen feet wide, as measured at its narrowest point;

2. Foundation. Shall be built on a permanent foundation approved by the building official;

3. Recent Manufacture. Shall have been manufactured after June 15, 1976, and shall be certified under the National Manufactured Home Construction and Safety Act of 1974, and shall be installed in accordance with the provisions of the most recent edition of the Uniform Building Code adopted by the city;

4. Skirting. Shall provide skirting of exterior finish materials extending to the finished grade;

5. Siding. Shall provide exterior siding material compatible with adjacent residential structures; shiny or metallic finishes are prohibited;

6. Roof Pitch. Shall have a roof with a pitch of not fewer than three inches vertical rise per twelve inches horizontal distance;

7. Roof Material. Shall have roofing material of concrete or asphalt tile, shakes, or shingles complying with the most recent editions of the Uniform Building Code adopted by the city;

8. Roof Eaves or Overhang. Shall provide eaves or roof overhangs of not less than one foot as measured from the vertical side of the unit;

9. Floor Elevation. Shall maintain a finished floor elevation no higher than twenty inches above the exterior finished grade; and

10. Covered Parking. Shall maintain required covered parking in accordance with the provisions of this chapter. The exterior materials and roofing proposed for any garage shall be the same as those materials used on the main structure.

E. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of such manufactured home with the state of California shall be canceled, pursuant to state laws and regulations. Before any occupancy certificate may be issued for use of such a manufactured home, the owner shall provide to the building official satisfactory evidence showing that the state registration of the manufactured home has been or will, with certainty, be canceled; if the manufactured home is new and has never been registered with the state, the owner shall provide the building official with a statement to that effect from the dealer selling the home. (Ord. C-2019-03 §2(Exh. A)(part), 2019; Ord. C-2015-04 §1(part), 2015; Ord. 5-00 §2(Exh. B)(part), 2000).

18.06.070 Nonconforming structures.

Any existing residential structure legally constructed in accordance with the zoning code prior to the effective date of the ordinance codified in this title that is damaged by catastrophe such as fire, flood, explosion, wind, earthquake, war, riot or other calamity may be replaced, restored, rebuilt or repaired and used as before such event occurred provided that all of the following conditions are satisfied:

A. No Increased Nonconformance. That any nonconforming lot coverage, height, floor area ratio or setback encroachments of the structure will not be increased beyond that in existence prior to the damage occurring unless a variance is approved subject to the provisions of this title;

B. Building Permit Requirement. That an application for a building permit to replace or repair a damaged or destroyed building shall be filed within twenty-four months after the event;\

C. Building Code Compliance. That all applicable provisions of the Uniform Building Code adopted by the city at the time building permits are requested for the repair or reconstruction shall be incorporated into the plans. (Ord. 5-00 §2 Exh. B (part), 2000).

18.06.080 Permits and plan review.

A. Building permit requirement. Building permits are required for any new construction, remodeling or additions, except for fences which do not exceed seven feet in height, and decks less than eighteen inches in height.

B. Variance Requirement. A variance shall be required for any project in any residential district which does not meet the development standards and additional regulations set forth in this chapter, or for projects which include proposals to extend existing nonconforming conditions on the site.

C. Architectural and Site Plan Review. The provisions of this title addressing architectural and site plan review shall be followed prior to the issuance of any building permits for which design review is required. (Ord. 5-00 §2 Exh. B (part), 2000).