Part 2. Base District Regulations

Chapter 18.20
R – RESIDENTIAL DISTRICTS

Sections:

18.20.010    Specific purposes – Summary of residential districts.

18.20.020    Land use regulations for all residential districts.

18.20.030    Development regulations for all residential districts.

18.20.040    Additional development regulations corresponding to Schedule 18.20.030.

18.20.050    Accessory structures.

18.20.060    Inclusionary housing.

18.20.070    Home occupations.

18.20.075    Standards for certain use permits in residential districts.

18.20.080    Repealed.

18.20.085    Special housing.

18.20.090    Manufactured homes.

18.20.095    Accessory dwelling units.

18.20.097    Urban lot splits.

18.20.100    Repealed.

18.20.105    Two-unit projects.

18.20.110    Swimming pools and hot tubs.

18.20.120    Hillside properties.

18.20.130    Animals.

18.20.140    Container or storage unit.

18.20.145    Permanent basketball hoops.

18.20.150    Density bonus.

18.20.160    Review of plans.

18.20.010 Specific purposes – Summary of residential districts.

A. Specific purposes. In addition to the general purposes listed in PHMC § 18.05.020, the specific purposes of residential districts are to:

1. Preserve, protect and enhance appropriately located areas for residential land use, consistent with the city-wide design guidelines, general plan and with standards of public health and safety.

2. Minimize the impacts of uses. Protect residents from the harmful effects of excessive noise, overcrowding, excessive traffic, insufficient parking and other adverse environmental effects.

3. Achieve design compatibility between new multifamily development and surrounding less intensive residential neighborhoods by establishing physical development standards and performance standards.

4. Ensure adequate provisions for sites, with reasonable access to public services, for appropriate public and semipublic land uses, including care facilities, needed to complement residential development or that require a residential environment. At the same time, protect the relatively quiet, primarily noncommercial, family atmosphere of neighborhoods.

5. Minimize the out-of-scale appearance of large homes, parking areas, and other development relative to their lot size and to other homes in a neighborhood.

6. Minimize transient occupancy (other than transitional housing), where occupants may have few or no bonds with the community, thereby diminishing the sense of community in a particular neighborhood.

7. Provide for certain care facilities to benefit disabled persons while ensuring that such uses do not create an institutional environment that would defeat the purpose of community-based care (either by overconcentration or by impacts of the use).

B. Summary of residential districts. Eleven residential districts are established to carry out these purposes:

1. R-20 and R-15 single-family residential districts. The R-20 and R-15 districts allow for low density single-family residential land use, at densities from 1.3 to 3 units per net acre subject to appropriate standards. In the R-20 district the minimum lot size is 20,000 square feet. In the R-15 district, the minimum lot size is 15,000 square feet.

2. R-10 and R-10A single-family residential districts. The R-10 and R-10A districts allow for medium density single-family residential land use at densities from 3.1 to 4.5 units per net acre, subject to appropriate standards. In the R-10 district the minimum lot size is 10,000 square feet. In the R-10A district, the average lot size is 10,000 square feet or more and the minimum lot size is 7,000 square feet.

3. R-7 and R-6 single-family residential districts. The R-7 and R-6 districts allow for high density single-family residential land use at densities from 4.6 to 7.3 units per net acre subject to appropriate standards. In the R-7 district the minimum lot size is 7,000 square feet. In the R-6 district, the minimum lot size is 6,000 square feet.

4. MRVL very low density multiple-family residential district. The MRVL district allows multiple-family residential uses, including duplexes, townhouses and attached or detached single-family homes on small lots; all with landscaped open space at a density between 7 and 11.9 units per acre.

5. MRL low density multiple-family residential district. The MRL district allows multiple-family residential uses including duplexes, townhouses, and single-family attached homes with zero lot line, mobile homes or cluster housing; all with landscaped open space at a density between 12 and 19.9 units per acre.

6. MRM medium density multiple-family residential district. The MRM district allows multiple-family residential uses including townhouses, mobile homes, condominiums or apartments at a density between 20 and 29.9 units per acre.

7. MRH high density multiple-family residential district. The MRH district allows for intensive multiple-family residential uses including townhouses, condominiums and apartments with a density range between 30 and 40 units per acre.

8. HPUD residential hillside planned unit development. The HPUD allows for limited residential development including townhouses, condominiums and single-family homes on parcels having an average slope of 15% or greater. (Reference: PHMC Chapter 18.35.)

9. PUD residential planned unit development. The PUD allows for a total number of dwelling units that does not fall below the minimum number or exceed the maximum number permitted by the general plan for the total area allocated to residential use. (See also Gov’t Code § 65589.5.) (Ord. 867 § 4, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 796 § 2, 2005; Ord. 710 § 35-5.1, 1996; 1991 code § 35-5.1)

18.20.020 Land use regulations for all residential districts.

In Schedule 18.20.020, the uses allowed for each residential zoning district are established by letter designations as follows:

“P” designates use classifications permitted in residential districts.

“U” designates use classifications permitted on approval of a use permit.

“T” designates use classifications permitted on approval of a temporary use permit.

“L” followed by a number designates use classifications subject to certain limitations listed by number following the schedule.

“P/U” designates use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use.

The uses listed are based on the use classifications set forth in PHMC Chapter 18.15. Use classifications not listed are prohibited unless authorized by zoning administrator resolution under PHMC § 18.15.010. The “Additional Use Regulations” column includes specific limitations applicable to the use classification or refers to regulations located elsewhere in this title.

SCHEDULE 18.20.020

R AND MR DISTRICTS:

LAND USE REGULATIONS 

P    Permitted

U    Use Permit Required

T    Temporary Use Permit Required

L    Limited (see specific limitations listed following schedule)

–    Not Permitted

 

R-20

R-15

R-10

R-10A

R-7

R-6

MRVL

MRL

MRM

MRH

Additional Use Regulations

Residential Uses

 

 

 

 

 

 

 

 

Accessory dwelling unit

P

P

P

P

P

P

P

See PHMC § 18.20.095.

Accessory, junior, dwelling unit

P

P

P

See PHMC § 18.20.095.

Bed and breakfast

 

Care facility, small, licensed

P

P

P

P

P

P

P

 

Care facility, small, unlicensed

U

U

U

U

U

U

U

See PHMC § 18.20.075.

Emergency homeless shelter

U

U

U

Only on church or school sites. See PHMC § 18.20.085.B and C.

Family day care home, large

P

P

P

P

P

P

P

 

Family day care home, small

P

P

P

P

P

P

P

 

Group residential

P

P

P

P

 

Home occupation

U

U

U

U

U

U

U

See PHMC § 18.20.070.

Multifamily residential

P

P

P

P

 

Senior housing

P

P

P

P

P

P

P

 

Single-room occupancy

U

U

U

U

See PHMC § 18.20.085.

Single-family residential

P

P

P

P

P

P

P

 

with boarder or lodger

P

P

P

P

P

P

P

No more than 3 boarders or lodgers.

Public and Semipublic

 

 

 

 

 

 

 

 

Care facility, large, licensed or unlicensed

U

U

U

U

See PHMC § 18.20.075.

Cemetery

U

U

U

U

U

U

U

 

Clubs and lodges

U

U

U

U

U

U

U

 

Community center

U

U

U

U

U

U

U

 

Cultural institutions

U

U

U

U

U

U

U

 

Day care, general

U

U

U

U

U

U

U

L-1

Park and recreational facilities

U

U

U

U

U

U

U

 

Public safety facilities

U

U

U

U

U

U

U

 

Offender rehabilitation services

 

Religious assembly

U

U

U

U

U

U

U

 

Schools, public or private

U

U

U

U

U

U

U

 

Utilities, major

U

U

U

U

U

U

U

 

Utilities, minor

P

P

P

P

P

P

P

 

Wireless telecommunications facility

L-3

L-3

L-3

L-3

L-3

L-3

L-3

See PHMC Chapter 18.67.

 

 

 

 

 

 

 

 

 

Commercial Uses

 

 

 

 

 

 

 

 

Animal sales and service

Only animal boarding and riding academies.

Horticulture, limited

U

U

U

U

U

U

U

 

 

 

 

 

 

 

 

 

 

Accessory Uses

P/U

P/U

P/U

P/U

P/U

P/U

P/U

See PHMC § 18.20.050.

 

 

 

 

 

 

 

 

Temporary Uses

 

 

 

 

 

 

 

See PHMC Chapter 18.100.

Agricultural sales

T

T

See L-7.

Animal shows or sales

T

T

See L-2 and L-5.

Arts and crafts show outdoors

T

T

See L-2 and L-5.

Christmas tree sales

T

T

See L-2 and L-7.

Civic and community events

T

T

See L-2 and L-6.

Commercial filming, limited

T

T

See L-2 and L-6.

Live entertainment events

T

T

See L-2, L-4 and L-6.

Outdoor exhibits

T

T

See L-2 and L-6.

Personal property sales

P

P

P

P

P

P

P

See L-5.

Pumpkin sales

T

T

See L-2 and L-7.

Recreational events

T

T

See L-2 and L-6.

Religious or group assembly events

T

T

See L-2 and L-6.

Street fairs

T

T

T

T

T

T

T

See L-7.

Swap meet

T

T

See L-2 and L-5.

Trade fairs

T

T

See L-2 and L-5.

 

Nonconforming Uses

 

 

 

 

 

 

 

See PHMC Chapter 18.65.

R and MR Districts: Limitations on Specific Use Classifications

 

 

L-1

Minimum site area of 10,000 square feet.

L-2

Minimum site area of one acre.

L-3

Minimum site area of three acres.

L-4

See PHMC § 18.25.090 for live entertainment standards.

L-5

Not more than six occurrences during a calendar year. Each occurrence shall not exceed two consecutive days.

L-6

Not more than four occurrences during a calendar year. Each occurrence shall not exceed seven consecutive days.

L-7

Not more than six occurrences during a calendar year, for not more than 14 consecutive days per occurrence.

 

 

(Ord. 938 § 3, 2020; Ord. 934 § 3, 2019; Ord. 915 § 4, 2017; Ord. 910 § 2, 2017; Ord. 890 § 9, 2015; Ord. 874 § 3, 2013; Ord. 867 § 5, 2012; Ord. 865 § 2, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 837 § 3, 2009; Ord. 796 § 3, 2005; Ord. 768 § 5, 2003; Ord. 727 §§ 9, 12, 1998; Ord. 710 § 35-5.2, 1996; 1991 code § 35-5.2)

18.20.030 Development regulations for all residential districts.

A. Schedule 18.20.030 prescribes development regulations for residential districts. The “Additional Development Regulations” column refers to PHMC § 18.20.040, additional development regulations, or to regulations located elsewhere in this chapter.

B. Supplemental regulations applicable to all development in R districts are in PHMC § 18.20.050 through § 18.20.140; they set forth requirements for accessory structures, affordable housing, home occupations, large family day care, second units, and swimming pools and hot tubs.

C. Regulations applicable to all zoning districts, included in Part 4, set forth requirements for:

1. Additional site development regulations (PHMC Chapter 18.50);

2. Off-street parking and loading (PHMC Chapter 18.55);

3. Signs (PHMC Chapter 18.60); and

4. Nonconforming uses and structures (PHMC Chapter 18.65).

 

SCHEDULE 18.20.030

DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS

R-20

R-15

R-10

R-10A

R-7

R-6

MRVL

MRL

MRM

MRH

Additional Development Regulations (See PHMC § 18.20.040)

Minimum Site Area per Dwelling Unit (sq. ft.)

20,000

15,000

10,000

10,000

7,000

6,000

3,500

2,500

1,500

1,150

 

Minimum Lot Area (sq. ft.)

20,000

15,000

10,000

7,000

7,000

6,000

10,000

10,000

10,000

10,000

A, B

Minimum Lot Width (feet)

100

100

80

70

70

60

70

70

80

80

 

Minimum Lot Depth (feet)

120

100

90

90

90

90

90

90

90

90

 

Minimum Yards:

 

Front (feet)

25

20

20

20

20

20

15

15

15

20

C

Rear (feet)

15

15

15

15

15

15

15

15

15

15

D, J

Corner Side (feet)

15

15

15

15

15

15

15

15

15

15

C, D, J

Side (feet)

15

10

5

5

5

5

10

10

10

7

D, E, J

Aggregate Side (feet)

35

25

15

15

15

15

20

20

20

15

D, E, J

Creek Setbacks

See PHMC § 18.50.150 regarding creek setbacks.

Maximum Building Height (feet)

35

35

35

35

35

35

35

35

35

35

 

Maximum Number of Stories

2.5

2.5

2.5

2.5

2.5

2.5

2.5

2.5

2.5

2.5

 

Maximum Lot Coverage

25%

25%

30%

35%

35%

35%

40%

40%

40%

40%

 

Maximum Floor Area Ratio

40%

40%

40%

40%

40%

40%

 

Open Space

F, G

Scenic Route

50

50

50

50

50

50

50

50

50

50

 

Minimum Site Landscaping

35%

35%

30%

25%

H

Fences and Walls

I

Supplemental Regulations

See PHMC §§ 18.20.050 through 18.20.140 and Part 4.

Nonconforming Structures

See PHMC Chapter 18.65.

City-Wide Objective Design Standards

See PHMC § 18.20.040.K.

(Ord. 955 § 3, 2022; Ord. 949 § 4, 2021; Ord. 890 § 10, 2015; Ord. 856 § 2 (Exh. A), 2011; Ord. 844 § 3 (Exh. A), 2010; Ord. 796 § 4, 2005; Ord. 710 § 35-5.4, 1996; 1991 code § 35-5.4)

18.20.040 Additional development regulations corresponding to Schedule 18.20.030.

A. Minimum site area for certain uses. The minimum site area shall be 10,000 square feet for the following use classifications: general day care, general residential care, and public or private schools.

B. Minimum required lot area. Minimum required lot area shall be “net” as defined in PHMC § 18.140.010; except, for minor subdivisions located within the R-6 through R-10 zone districts, comprised of not more than two parcels, the following exception may be approved by the zoning administrator and/or the planning commission when considering approval of the minor subdivision:

1. The area of any private driveway access easement required to meet minimum fire district standards, up to a maximum of 30% of the gross lot area, may be included in determining compliance with minimum lot area requirements; provided, that the decision-making authority on the minor subdivision finds that there is no other feasible method for the minor subdivision to comply with minimum fire district standards and also comply with minimum lot area requirements; and

2. The gross lot area of each parcel in the proposed minor subdivision complies with the lot area required by the general plan.

C. Corner or double-frontage lots. Double-frontage lots shall have a front yard on each frontage. Corner lots shall have a front yard on each frontage: the front side and the corner side yard (usually the longest frontage; see PHMC Chapter 18.140, definition of “yard types”). On a corner lot where the entry to the dwelling is on the corner side, this corner side may be used as the front yard; provided, that: (1) all other yard setbacks are in compliance with PHMC § 18.20.030; and (2) garages (attached or detached) with driveway access from the corner side property line are set back a minimum of 20 feet from the corner side property line. (See off-street parking and loading regulations, PHMC § 18.55.150.)

D. Building height and required yards. Except as provided below, the width of a required interior side or rear yard adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof, shall be increased five feet over the basic requirement.

BUILDING HEIGHT AND REQUIRED YARDS

(The diagram is illustrative)

E. Zero-side yard development. A structure constructed in conformance with the standards for zero-side yard development in effect immediately before this chapter was adopted shall not be considered a nonconforming structure subject to PHMC Chapter 18.65; provided, that an exterior addition or enlargement shall require a use permit issued by the zoning administrator, and no addition or enlargement shall increase the existing floor area by more than 10% nor increase the lot coverage to more than 50%.

F. Open space. Total usable open space on a site having three or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing private open space, shared open space, or a combination of the two.

1. Private open space. To satisfy the open space requirement, private open space must be on a patio or balcony, within which a horizontal rectangle has no dimension less than six feet.

2. Shared open space. To satisfy the open space requirement, shared open space must be provided by interior side yards, patios and terraces, each designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet. The open space must be open to the sky, and may not include driveways or parking areas, or area required for front or corner side yards.

G. Park land dedication. Each residential unit is subject to the park land dedication requirements of the Pleasant Hill subdivision ordinance (PHMC Title 17).

H. Planting areas. In addition to the minimum percentage of the site to be landscaped, listed in the schedule, the following requirements apply:

1. Yards adjoining streets. All visible portions of a required yard adjoining a street that are not used for driveways or walks shall be landscaped. In R (single-family) districts, a minimum of 50% of the required front yard shall be maintained as landscaped area. Recreational vehicles, utility trailers, unmounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required landscaped area. Landscaped area shall consist of plantings, lawn, mulch, decorative bark, approved decorative landscape features and other decorative pervious surfaces subject to the approval of the zoning administrator.

2. Interior yards. In the MRVL, MRL, MRM and MRH districts, at least 50% of each required interior side yard and rear yard shall be landscaped having a minimum width of seven and one-half feet adjoining a side or rear property line. The width of a required landscaped area may be reduced to three feet in one side or rear yard adjoining a driveway or patio, and a nonresidential accessory structure may occupy a portion of the landscaped area in a rear yard.

3. Notwithstanding subsection H.2 of this section, a continuous landscaped area having a minimum width of five feet shall be provided along interior property lines when an MRVL, MRL, MRM or MRH district adjoins an R district.

I. Fences and walls. The maximum height of any fence or wall (including a retaining wall) is six feet, except three feet within required front and corner side yards, unless otherwise specified below. For single-family residences on corner lots, a five-foot setback from the corner side property line is required for a wall or fence over three feet in height. (See also subsection C of this section.) Height is measured pursuant to PHMC § 18.145.050.B.

1. Key lots. Where a corner lot abuts a key lot, a triangular area, 12 feet on each side, must remain unfenced.

* The above exhibit is provided for illustrative purposes only.

KEY LOTS

2. Rear property line exceptions. On a lot with a rear lot line abutting a public trail, canal, East Bay Municipal Utility District right-of-way or public street, the maximum rear yard fence height is eight feet.

3. Fences with retaining walls. The height is measured as the combined height of a retaining wall, fence, wall or screen (not to exceed a maximum height of six feet measured from the higher side of the adjacent grade). A retaining wall is not included in the measurement if it is located so that its horizontal distance from the fence is equal to or greater than the height of the retaining wall. Height is measured pursuant to PHMC § 18.145.050.B.

4. Sight distance. All fences are subject to the visibility requirements of PHMC § 18.50.100.

5. Prohibited fences. High voltage electrical fences, razor wire, barbed wire, and other materials which pose a safety hazard are strictly prohibited.

J. Setbacks from vehicular easements. Minimum required yard setbacks shall be provided and measured from vehicular easement boundaries in the same manner that such setbacks are provided and measured from a public

right-of-way.

K. City-wide objective design standards. All single-family residential and multifamily residential development shall comply with objective design standards, as adopted by city council resolution.

1. Streamlined residential projects. If a proposed residential development project qualifies for streamlined permit review, as determined by state law, the zoning administrator shall review the proposed project to verify compliance with the objective design standards applicable to such projects. Proposed residential development projects that comply with all objective design standards shall be processed ministerially. Qualifying projects that do not comply with the objective design standards shall be subject to the architectural review permit process, as specified in PHMC Chapter 18.115. (Ord. 955 § 4, 2022; Ord. 949 §§ 4 – 6, 2021; Ord. 928 § 3, 2019; Ord. 890 § 11, 2015; Ord. 856 § 2 (Exh. A), 2011; Ord. 796 § 5, 2005; Ord. 745 § 1, 2000; Ord. 727 §§ 5, 13, 1998; Ord. 710 § 35-5.5, 1996; 1991 code § 35-5.5)

18.20.050 Accessory structures.

The following regulations apply to accessory structures in R districts:

A. On parcels zoned R-6, R-7, R-10, R-10A and comparable PUDs:

1. The total floor area of each accessory structure more than four feet in height shall not exceed 500 square feet. The maximum cumulative total for all accessory structures on the property shall not exceed 600 square feet.

2. The height of an accessory structure shall not exceed 12 feet for a flat roof and 14 feet for a pitched roof:

a. The height measurement is taken to the highest point of the structure.

b. Roof decks and railings, windscreens or similar rooftop structures are prohibited on accessory structures.

c. Shed roof structures shall be sited with the high point of the structure located away from the nearest property line.

3. The side and rear yard setbacks from property line shall be:

a. Structure less than or equal to 18 inches in height: none required.

b. Structure between 18 inches and eight feet in height: three feet.

c. Structure greater than eight feet in height: three feet plus an additional setback equal to the height that the accessory structure is above eight feet, but not to exceed the applicable minimum required side yard setback for that district.

4. Accessory structures shall be reviewed for substantial conformance with city-wide design guidelines.

B. On parcels zoned R-15, R-20 and comparable PUDs:

1. The total floor area of each accessory structure more than four feet in height shall not exceed 600 square feet. The maximum cumulative total for all accessory structures on the property shall not exceed 800 square feet.

2. The accessory structure shall comply with subsections A.2 through A.4 of this section.

C. On multifamily residential zoned parcels and comparable PUDs:

1. The total floor area of each accessory structure more than four feet in height shall not exceed 500 square feet. The maximum cumulative total for all accessory structures on the property shall not exceed 600 square feet.

2. The accessory structure shall comply with subsections A.2 through A.4 of this section.

D. In all other zoning districts:

1. The total floor area of each accessory structure more than four feet in height shall not exceed 600 square feet. The maximum cumulative total for all accessory structures on the property shall not exceed 800 square feet.

2. The accessory structure shall comply with subsections A.2 through A.4 of this section.

E. Arbors and trellises shall not be counted in determining accessory structure compliance with the floor area limitations specified in subsections A through D of this section, provided they have no solid, covered walls and do not have a solid, covered roof.

F. Any accessory structure in a creek setback area shall comply with PHMC § 18.50.150.D.

G. An accessory structure in a required front or corner side yard shall not exceed three feet in height except that arbors are allowed within the required front or corner side yard, subject to the following standards:

1. Substantial compliance with city-wide design guidelines;

2. Not located in the public right-of-way;

3. Not more than eight feet in height from existing grade;

4. Not more than 15 square feet of covered area; and

5. Subject to compliance with PHMC § 18.50.100, Sight obstructions at intersections and driveways. (Ord. 949 § 7, 2021; Ord. 938 § 4, 2020; Ord. 928 § 4, 2019; Ord. 915 § 5, 2017; Ord. 890 § 12, 2015; Ord. 856 § 2 (Exh. A), 2011; Ord. 844 § 4, 2010; Ord. 710 § 35-5.6, 1996; 1991 code § 35-5.6(a))

18.20.060 Inclusionary housing.

The following supplemental requirements are intended to implement the housing element of the general plan by providing housing for households with low and very low incomes in R districts:

A. Requirement. Each housing development of five or more dwelling units shall include one of the following:

1. At least 10% of the dwelling units as inclusionary units for occupancy by low-income households; or

2. At least 5% of the dwelling units as inclusionary units for occupancy by very low-income households; or

3. At least 25% of the dwelling units for qualifying senior residents as defined in California Civil Code sections 51.2 and 51.3; or

4. At least 20% of the dwelling units as inclusionary accessory dwelling units for occupancy by low-income households.

B. Design standards and construction timing.

1. Location and design. Inclusionary units shall be dispersed throughout the project. The developer shall construct the inclusionary units in a manner which is representative of the project as a whole, with comparable types of units, bedroom mix, and exterior appearance. From the street, the inclusionary units must not be distinguishable from other units in the project. The average number of bedrooms for all inclusionary units in a project must equal the average number of bedrooms for all other units in the project, up to a limit of 3.0 bedrooms per unit. The number of bathrooms per bedroom must equal the proportion of bathrooms in the market-rate units. Inclusionary units may be smaller in aggregate size and have different interior finishes and features than market-rate units so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing.

2. Timing of construction. The developer shall construct the inclusionary units concurrently with other units, unless the conditions of approval provide otherwise, or unless the city and developer agree in writing to an alternative schedule for development.

C. Duration of restrictions. The developer shall assure the affordability of the inclusionary units by a deed restriction, with 55 or more years for for-sale housing and rental housing.

D. Resale and rental restriction agreement. Before approval of a final map (for a subdivision) or issuance of a building permit (for a project not involving a subdivision), the developer shall enter into a resale and rental restriction agreement in a form approved by the city attorney in consultation with the city’s housing coordinator. The agreement shall be recorded concurrently with the final map and shall include:

1. The number of inclusionary dwelling units by type, location and number of bedrooms and bathrooms.

2. Standards for maximum qualifying incomes and maximum sales prices or rents.

3. Applicable certification procedures, including the party responsible for certifying rents and sales prices, and the process that will be used to annually certify incomes of tenants and purchasers.

4. Resale controls and deed restrictions that are binding on the property upon sale or transfer.

5. A liquidated damages provision making a developer or successor who violates these affordable housing restrictions subject to a $750.00 fine per month per unit from the date of original noncompliance.

E. Security. When a developer intends to construct the inclusionary units, he or she must provide security to satisfy this requirement before approval of any final map (for a subdivision) or before a building permit is issued (if there is not a subdivision). The security shall be appropriate to the intended method of compliance, including one or more of the following:

1. A deed restriction on specific lots totaling the correct percent of the reserved residential lots on the map, and a bond to cover the cost of constructing homes on those lots which are affordable to low- or very low-income households;

2. A bond to cover the housing in-lieu fee (see subsection G of this section);

3. A written agreement, with financial security, to provide accessory dwelling units or off-site construction; or

4. Other appropriate security approved in writing by the city attorney.

F. Off-site alternatives. As a complete or partial alternative to the provision of on-site inclusionary units pursuant to this section, the developer may propose a plan for providing affordable units that would otherwise be required to be provided on the project site at either:

1. An off-site location within the city by acquiring existing unrestricted single-family or multifamily units located within the city and rehabilitating those dwelling units. At least four rehabilitated dwelling units shall be provided for each inclusionary unit required. These units shall comply with all provisions of subsections C and D of this section; or

2. An off-site location within the city, in conjunction with a third party nonprofit affordable housing provider, by constructing, or funding the construction of, the equivalent number of required affordable units off site subject to city council approval of an off-site affordable housing agreement. The city may allow off-site construction if the proposal meets all of the following conditions:

a. Financing or a viable financing plan, which may include public funding, shall be in place for the off-site affordable units;

b. Construction of the off-site affordable units must be completed, or provision of funding by the developer for construction of the affordable units must be provided, as specified in a phasing/financing plan subject to city council approval;

c. The third party nonprofit affordable housing developer shall enter into an affordable housing covenant with the city to ensure that the affordable housing units shall meet all applicable requirements of the city’s inclusionary housing ordinance; and

d. The units shall be in compliance with provisions of subsections C and D of this section.

The city may require that completion of off-site affordable units be secured as provided in subsection E of this section.

G. In-lieu fees.

1. Approval criteria. In extraordinary circumstances, the approving body may authorize the payment of a fee in lieu of providing the inclusionary units required under subsection A of this section as follows: (a) for projects of nine units or less; (b) for any fractional unit in projects of 10 or more units; or (c) if the developer demonstrates, in connection with the first approval for the development (tentative subdivision map, or development plan if no subdivision is involved), that specific characteristics of the development site make the site unsuitable for households at the required income levels. Whenever the approving body authorizes the payment of an in-lieu fee, the in-lieu fee determination shall be automatically referred to the city council or redevelopment agency, as appropriate, for review and approval.

2. Calculation of fee. The in-lieu fee shall be established annually by resolution of the city council in an amount sufficient to represent a reasonable portion of the gap between the affordable sales price (at the low income level of affordability) and the market-rate sales price for single-family housing.

In order to determine the in-lieu fee, the following amounts shall be calculated: (a) a developer’s cost to construct a dwelling less the affordable sales price (the “developer’s difference”) and (b) the market-rate purchase price less the affordable sales price (the “market-rate difference”). The in-lieu fee shall be based upon the average of the developer difference and the market-rate difference for each of the following home sizes: a 1,200 square foot, two-bedroom home; an 1,800 square foot, three-bedroom home; and a 2,200 square foot, four-bedroom home. The in-lieu fee can be expressed as follows:

Developer Difference

+

Market-Rate Difference

÷ 2 =

In-lieu fee

The following guidelines apply to the calculation of the in-lieu fee:

a. The developer cost to construct the dwelling is the dwelling square footage times a per foot average amount that it costs to construct a dwelling in the city. The per foot cost to construct the dwelling shall be determined annually as set forth in Exhibit D of the Inclusionary Housing Ordinance In-Lieu Fee Study dated September 15, 2004.

b. The affordable sales price is based on income limits published by the State of California Housing and Community Development Department, adjusted for number of bedrooms in the dwelling (see Health and Safety Code section 50052.5).

c. The market-rate purchase price is based on a survey of current sale prices of similar sized units in the Pleasant Hill area in the real estate section of the Contra Costa Times newspaper at the time the fees are established.

d. For any annual period for which the city council does not review the fee, up to a maximum of three years in a row, the fee amount may be adjusted by the city manager based upon the percentage change in the Building Valuation Data published by the International Code Council from the previous year.

3. Time of payment. The in-lieu fee shall be paid prior to the issuance of a building permit or as otherwise provided in the conditions of approval.

4. Use of fees. The city will deposit all housing in-lieu fees in an affordable housing fee fund. The city will use the fees, and all interest earned on the account, only for the following uses: mortgage subsidies and down payment assistance; site acquisition; banking of land for use in the development of affordable housing; rental subsidies; construction financing; issuance of bonds; providing predevelopment funds; providing rehabilitation funds to preserve existing affordable housing stock; providing loan security; and any other assistance that will serve to increase or maintain the supply of affordable housing in the city.

5. Refunds. The city may refund an in-lieu fee if: a building permit or zoning use permit expires and no extension is granted; no construction or use occurs; and the applicant applies for a refund within one year after the expiration of the building or zoning use permit. The refund must be authorized by city council resolution.

6. Fees not subject to Mitigation Fee Act. The city council finds that this in-lieu fee is not a fee subject to the Mitigation Fee Act (Government Code section 66000 and following) because these fees are an alternative to requiring that inclusionary units be included within the development rather than a fee required of all developers. Payment of the fee is at the request of the developer, with the city’s consent.

H. Redevelopment projects. The city council or redevelopment agency may approve a reduction or waiver of the requirements of this section for projects located within a redevelopment project area which: (1) are the subject of a disposition and development agreement, owner participation agreement, acquisition agreement, or other contractual arrangement with the redevelopment agency, and (2) are receiving assistance from the redevelopment agency, such as relocation of occupants, acquisition and disposition of land for site assemblage, use of eminent domain, write-down of land costs, fee waivers, or other forms of direct agency assistance. Any developer requesting such a reduction or waiver must submit a pro forma and such other financial analysis sufficient to support a determination that the reduction or waiver is necessary to ensure the economic feasibility of the redevelopment project. (Ord. 928 § 6, 2019; Ord. 915 § 6, 2017; Ord. 906 §§ 2 – 4, 2016; Ord. 800 § 1, 2005; Ord. 791 § 1, 2004; Ord. 710 § 35-5.6, 1996; 1991 code § 35-5.6(b))

18.20.070 Home occupations.

The following supplemental regulations shall apply to home occupations. Restrictions upon home occupations are an accommodation between the values fostered by the preservation of areas for residential living, and the liberty to conduct private, nonintrusive economic activity in one’s home. The standards set forth in this section are intended to guide the review of home occupation applications and to encourage the accommodation of those values when deciding to grant or deny home occupation permits.

A. Permit required. In order to engage in a home occupation a person must first obtain a home occupation permit from the zoning administrator. The existence of any of the following shall create a presumption that there is a home occupation for which a permit is required:

1. Personal services conducted for pay on the premises;

2. The maintenance on the premises of an inventory of materials used in producing a commercial product;

3. The regular advertising of the residential address;

4. A residential address is designated as the business location on the business license application (see business licenses, PHMC § 5.05.040); or

5. Rooms are rented to more than one boarder or lodger.

B. Duties of the zoning administrator. Upon receipt of a complete application for a home occupation permit, the zoning administrator may issue a home occupation permit. The permit may be issued without a hearing only if the applicant will not store significant product inventory or materials related to the occupation at the site; the occupation will generate little or no pedestrian or vehicular traffic; and the occupation will involve the provision of a service at a location other than the applicant’s home (e.g., gardening, housekeeping, etc.), or will be limited to the drafting and mailing of written documents (e.g., bookkeeping, typing services, etc.). In all other cases, the zoning administrator shall hold a public hearing under subsection F of this section and determine, based upon substantial evidence, whether the proposed occupation would be in compliance with the standards specified in subsection C of this section and/or whether any exceptions to those standards should be approved under subsection F of this section. The zoning administrator shall issue a home occupation permit if he or she finds that: (1) the home occupation will conform to the standards specified in subsection C of this section, or (2) an exception to the standards as provided for in subsection F of this section can be approved.

C. Standards. A home occupation shall comply with the following standards and conditions, unless granted an exception as noted in subsection F of this section:

1. The home occupation is conducted entirely within the dwelling unit unless otherwise allowed under subsection F of this section;

2. There are no retail sales or personal service uses provided to customers at the premises;

3. There is no more than one vehicle used primarily in connection with the home occupation;

4. There is no on-site sign associated with the home occupation or its products or services, nor signage on or within any vehicle owned or leased by the operator of the home occupation listing the street address of the home occupation or indicating the existence of the home occupation on site;

5. There is no storage on the premises within public view of materials, products, equipment, fuel or other substances not commonly associated in kind or amount with residential use;

6. The street address of the home occupation is not listed in the telephone book, newspaper, Internet site, or other published advertising media or flyers;

7. The home occupation does not generate traffic in excess of that which is normally associated with residential use and requires no additional parking space;

8. The home occupation does not require reconstruction or alteration of the exterior of the dwelling unit;

9. The home occupation does not cause smoke, dust, light, odor, noise or other emissions which would otherwise interfere with the residential use of the zone;

10. The home occupation does not generate quantities or types of refuse or trash which would be abnormal for residential pick-up and collection services;

11. The home occupation does not involve more than one nonresident employee or volunteer on site at any time;

12. The applicant timely obtains a city business license; and

13. The home occupation does not involve any illegal conduct including, but not limited to, operation of a business without a business license, or result in any other encroachment upon the values served by residential use restrictions including, but not limited to, the deterioration of the physical appearance of the property, or have any other substantial detrimental impact upon adjacent residents.

D. Prohibited activities. Home occupations may not include:

1. Activities that involve use of loud power equipment, or otherwise create excessive noise, which interferes with the surrounding residential use;

2. Activities that generate exhaust or other air pollutants or emissions;

3. Activities which involve the raising or slaughtering of animals;

4. On-premises vehicle repair; or

5. Activities that involve engaging in the business of firearm sales. Any entity or person engaged in the business of firearm sales pursuant to a home occupation permit in effect as of the effective date of the ordinance codified in this section shall be exempt from this subsection and the locational restrictions for firearm sales in PHMC Chapter 18.25 (except as to ammunition sales) if the home occupation use is limited solely to those activities that were both permitted by terms of the permit issued before the effective date of the ordinance codified in this section and legally engaged in by the entity or person at the home-based location before the effective date of the ordinance codified in this section. Any such entity or person may continue firearm sales at its existing home-based location pursuant to any valid permits and licenses so long as the operator remains fully licensed by all agencies (including, without limitation, obtaining and maintaining the permit required by PHMC Chapter 9.35), and has not sold, transferred or assigned operation of the business after the effective date of the ordinance codified in this section to any other entity.

6. Any commercial cannabis uses or activities, including, but not limited to, the operation of a cannabis retailer, cannabis delivery service and/or the storage of cannabis in excess of those amounts permitted for personal use pursuant to Health and Safety Code section 11362.1 et seq.

E. Exceptions.

1. Cottage food operation. Under Government Code section 51035, and notwithstanding the home occupation standards in subsection C of this section, the zoning administrator shall approve a home occupation permit for a proposed cottage food operation which meets the following standards:

a. Meets the definitions of “cottage food operation” and “cottage food products” in Health and Safety Code section 113758;

b. Has a valid registration, permit or license from the Contra Costa County health department, issued pursuant to Health and Safety Code section 114365, that specifies the same person, location, type of food sales and distribution activity specified in the application for the home occupation permit;

c. Complies with the requirements of the Health and Saf. Code applicable to cottage food operations (including, without limitation, Chapter 11.5 (commencing with section 114365) of Part 7 of Division 104 of the Health and Safety Code).

F. Exceptions to standards for all other home occupations. If an application, other than a cottage food operation, deviates from the standards listed in subsection C of this section or requires an opportunity for public input (in the opinion of the zoning administrator), the zoning administrator shall provide notice of the application under PHMC Chapter 18.80 and shall conduct a public hearing before taking action on the application. The zoning administrator, at his or her discretion, may refer a home occupation permit application directly to the planning commission. The zoning administrator or planning commission may impose reasonable conditions on the home occupation permit to ensure compliance with the standards of this section and/or to ensure the home occupation will not have an adverse effect on the neighborhood.

An exception to the standards may be approved if the decision-maker finds that conditions of approval and/or applicant-proposed operational restrictions placed on the home occupation will ensure that the home occupation will not have an adverse effect on the neighborhood.

G. Lapse of approval. A home occupation permit lapses one year after its date of approval, or at an alternative time specified as a condition of approval, unless the home occupation is established.

Once established, a home occupation permit automatically lapses if there is a discontinuance of the exercise of the home occupation for six consecutive months or more.

H. Transferability. The validity of a home occupation permit shall not be affected by a change in home ownership or residency, provided the new owner or resident applies to the zoning administrator for a transfer within six months from the time the previous owner/resident ends his or her business. No notice or public hearing is required for a transfer.

I. Changes to permit. A request for a change in the home occupation permit or a change to a condition of approval requires a new application. Any amendment or change in a condition of approval to an existing home occupation permit shall be reviewed and approved by the final decision-maker that originally approved the home occupation permit.

J. Revocation. A home occupation exercised in violation of this section or a condition of approval may be revoked, as provided in PHMC § 18.135.040.

K. Resubmittal of application. Following denial of a home occupation permit, no new application for the same, or substantially the same, home occupation shall be accepted within one year of the date of denial, unless the denial was made without prejudice. (Ord. 931 § 5, 2019; Ord. 895 § 2, 2016; Ord. 890 § 13, 2015; Ord. 881 § 3, 2014; Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-5.6, 1996; 1991 code § 35-5.6(c))

18.20.075 Standards for certain use permits in residential districts.

When a use permit is required in a single-family or multifamily residential zoning district (see Schedule 18.20.020) for a care facility, group residential, or single-occupancy unit, the general standards specified below shall apply:

A. Pre-application review. A person applying for a use permit in a residential district, when the permit involves converting an existing building, shall submit, together with the use permit application, a letter or other written comments indicating that the facility is capable of meeting applicable code requirements, from the city building division, the fire marshal, and any other agencies as determined by city staff.

B. Licensing and compliance. Facilities shall operate in accordance with state and federal law and established industry standards.

1. Licensed facilities. A facility required to have a state license shall maintain that license and operate in compliance with it.

2. Unlicensed facilities. To ensure that unlicensed residential care facilities are operating in a manner that is consistent with state and federal law and established industry standards, the following standards apply:

a. No violation of state licensing requirements. If the facility is not required to be licensed by the state, the owners, managers, operators and residents shall not provide any services on site which would require licensure under California law.

b. Certification. If certification by a state or federal agency specific to the type of facility is required, the facility shall receive and maintain that certification.

c. Owner and operator information. The applicant shall provide a list of the addresses of all similar facilities in the state operated by the owner, operator or any affiliated organization within the past five years, and shall certify under penalty of perjury that none of the facilities have been found to be operating in violation of state or local law.

C. Location, parking and loading. In a single-family zoning district (or PUD district planned for single-family residential use):

1. The facility shall be located where there is reasonable access to services, including public transportation;

2. There may be off-site or shared parking only on property which is immediately adjacent to the proposed use, and subject to PHMC § 18.55.040; and

3. Loading areas, if required, shall be screened from the view of other residences.

D. Operations. The owner, operator or manager shall operate the facility in a manner that does not disrupt the neighborhood or interfere with the residential characteristics of the neighborhood regarding noise, loitering, traffic and deliveries, parking, or littering. The operator shall provide to the city (on an ongoing basis) a name and 24-hour contact telephone number applicable for the person responsible for the facility.

Each facility shall comply with the following operations requirements:

1. Residents per room. There shall be no more than two residents per bedroom in a single-family residence that has been converted to another residential use as specified in this section. The hearing body has the discretion to set a lower occupancy limit based on evidence as to what is appropriate to the site, including characteristics of the structure, whether there will be an impact on traffic and parking, and whether the public health, safety, peace, comfort or welfare of persons residing in the facility or adjacent to it will be impacted.

2. Staff on duty. If the proposed use has seven residents or more, the operator shall have qualified staff on duty at the facility at all times.

3. Substance testing. If the facility is designed for alcohol or drug rehabilitation, the operator shall arrange for ongoing, random alcohol and illegal substance testing of the residents by a qualified, independent third party.

4. Good neighbor policy. The operator shall develop, post prominently and enforce a good neighbor policy. The policy shall include:

a. Designation of an on-site staff member who will be available to respond to any community concerns regarding the facility or residents. If the city receives a complaint involving the facility or residents, the designated staff member shall attempt to resolve the issue within a reasonable time frame.

b. Prohibition of lewd or abusive speech or behavior, or profanity, by staff or clients if audible to neighboring residents.

c. Compliance with city noise regulations, and prohibition of amplified sound outdoors.

d. Maintaining a log of each violation of the good neighbor policy and making this log available for review by city staff at any time. The log shall include the date and time of the violation, description, name of violator and resolution.

5. Management plan. The operator shall submit a management plan with the use permit application subject to review and approval by the city. The management plan must address management and operation of the facility, safety and security of residents, and building maintenance and staffing, including whether an on-site manager will be present.

E. No overconcentration. If a care facility (or any part of it) is classified as one of the following, it shall be no closer to a similar facility than the distance shown:

Type of care facility

Minimum distance from another such facility

Care facility, large licensed (See Care facility, large, licensed; Health facility, at PHMC § 18.15.020):

 

•    Intermediate care facility for the developmentally disabled – nursing. (Health and Saf. Code §§ 1267.8, 1267.9)

300 feet

•    Congregate living health facility. (Health and Saf. Code §§ 1267.8, 1267.9)

1,000 feet

Residential care facility, but not applicable to a foster family home, residential care facility for the elderly, or transitional care facility.

(Health and Saf. Code § 1568.0831(a)(5))

300 feet

Emergency shelter.

(Health and Saf. Code § 50801(e))

300 feet

(Ord. 890 § 14, 2015; Ord. 867 § 8, 2012)

18.20.080 Large family day care homes.

Repealed by Ord. 938. (Ord. 867 § 9, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 727 § 14, 1998; Ord. 710 § 35-5.6, 1996; 1991 code § 35-5.6(d))

18.20.085 Special housing.

A. Single-room occupancy. Single-room occupancy (“SRO”) units are subject to the standards listed below. The purpose of this subsection is to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services, and to establish standards for these small units.

1. Location. An SRO facility may be proposed and approved in the multifamily, retail business and professional and administrative office zoning districts.

2. Project review and approval. A proposed SRO requires design review approval in compliance with PHMC Chapter 18.115 and a use permit pursuant to PHMC Chapter 18.95.

3. Development standards.

a. Single-room occupancy facilities.

i. Density. The maximum potential number of single-room occupancy units allowable within a building shall be determined based on compliance with applicable zoning ordinance development standards (e.g., height, floor area ratio, setbacks, lot coverage, parking, open space, etc.).

ii. Common area. Four square feet of common area per living unit shall be provided, with at least 200 square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways.

iii. Laundry facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every 20 units or fractional number thereof, with at least one washer and dryer per floor.

iv. Cleaning supply room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.

b. Single-room occupancy units.

i. Unit size. An SRO unit shall have a minimum size of 150 square feet and a maximum size of 400 square feet. The average SRO unit size within an SRO facility shall not exceed 275 square feet.

ii. Occupancy. An SRO unit shall accommodate a maximum of two persons.

iii. Bathroom. An SRO unit is not required to, but may, contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.

iv. Kitchen. An SRO unit is not required to, but may, contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.

v. Closet. Each SRO unit shall have a separate closet.

vi. Interior access. Individual SRO units shall not have separate external entryways.

vii. Code compliance. SRO units shall comply with all requirements of the California Building Code and all other applicable codes.

4. Accessibility. All SRO units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.

5. Management.

a. Facility management. An SRO facility with seven or more residents shall provide on-site management and an on-site management office.

b. Management plan. A management plan shall be submitted with the development application for an SRO facility and shall be subject to review and approval by the city. The management plan must address management and operation of the facility, rental procedures, safety and security of residents and building maintenance and staffing, including whether an on-site manager will be present.

6. Parking. Off-street parking and secure bicycle parking shall be provided as required by PHMC Chapter 18.55, Parking.

7. Tenancy. Tenancy of SRO units shall be for at least 30 or more days.

8. Existing structures. An existing structure may be converted to an SRO facility, consistent with the provisions of this subsection.

B. Emergency homeless shelter management standards. Each emergency homeless shelter shall comply with the following management standards:

1. Management plan. The operator of an emergency homeless shelter shall be qualified to operate the facility and shall prepare and submit a management plan in consultation with the zoning administrator prior to commencement of facility operations that includes the following: adequate security measures to protect shelter residents and surrounding uses; a description of services provided to assist residents with obtaining permanent shelter and income; a description of the screening process for prospective residents to ensure compatibility with services provided at or through the shelter; hours of operation for the facility; provisions to ensure that the area surrounding the facility is maintained free of litter or debris; a program for providing staff training to meet the needs of shelter residents; a program for providing community outreach regarding the construction and operation of the facility; and a description of any support services provided on site (support services shall be for the on-site residents only and shall be limited to services provided within the building only).

2. Length of stay. No individual or family shall reside in an emergency homeless shelter for more than 180 consecutive days. A minimum of 60 days shall be required between stays. The operator of the emergency homeless shelter shall maintain adequate documentation to demonstrate compliance with this provision.

3. Hours of operation. An operational emergency homeless shelter shall remain open 24 hours a day, seven days a week.

4. Proximity to public transit and services. An emergency homeless shelter shall be located near public transportation, supportive services and commercial services to meet the daily needs of shelter residents. If necessary, an emergency homeless shelter shall ensure a means of transportation for shelter residents to travel to and from case management appointments if scheduled off site.

5. Noise/nuisances. All activities associated with an emergency homeless shelter shall be conducted entirely within the building. Noise shall be limited so as not to create an adverse impact on surrounding uses. No loudspeakers or amplified sound shall be placed within, or project outside of, the emergency homeless shelter.

6. Off-street parking. An emergency homeless shelter shall comply with all applicable provisions of PHMC Chapter 18.55 (Off-Street Parking and Loading Regulations). On-site parking for emergency homeless shelters allowed by right within the LI zone district shall be a minimum of one space per 750 square feet of gross floor area plus one space for every two employees. In addition, if a facility vehicle is maintained on site, one additional on-site parking space for this vehicle shall be provided. Parking for emergency homeless shelters in other zone districts shall be as specified by the use permit based on review of the operational characteristics of the proposed use.

7. On-site management. An on-site staff person shall be designated as a neighborhood liaison to respond to, and address, any questions or concerns from surrounding residents regarding facility operations. “Good behavior” and “good neighbor” policies shall be described in the management plan and shall be implemented and enforced at all times by on-site management. Such policies shall include, but not be limited to, prohibition of use or possession of controlled substances by residents; rules concerning the use or possession of alcohol; curfew; prohibition of loitering; and any other provisions necessary to ensure compatibility with surrounding uses. Clients shall be screened for compatibility with shelter resources and for compliance with applicable state and federal laws. Individuals who do not meet the screening criteria shall not be accepted into the facility.

On-site management, including employees, partners, directors, officers or managers, shall be screened prior to issuance of certificate of occupancy to confirm that they have no history of a previously failed emergency shelter (or similar facility) due to the fault of the operator, and have not been convicted of any of the following offenses within the prior five years:

a. A crime requiring registration under Penal Code section 290;

b. A violation of Penal Code sections 311.2 and 311.4 through 311.7;

c. Violation of Penal Code sections 313.1 through 313.5;

d. Violation of Penal Code section 647(a), (b), or (d);

e. Violation of Penal Code section 315, 316, or 318;

f. A felony crime involving the use of force or violence on another; or

g. The maintenance of a nuisance in connection with the same or similar business operation.

The police department shall also conduct a background investigation on all applicants.

8. On-site security. Security measures shall be sufficient to protect clients and neighbors. On-site security shall be provided during the hours when the emergency homeless shelter is in operation and at all times when clients are present on site.

In the event that at least five external, verified complaints concerning unlawful activities at the facility have been received over a 30-day period by the police department, the facility shall be required to provide additional on-site security staff to the satisfaction of the chief of police and the zoning administrator.

9. External lighting. The emergency homeless shelter shall provide external lighting in accordance with the requirements contained in PHMC § 18.55.140.B to maintain a safe and secure environment. Exterior lighting shall be shielded and directed towards the ground and away from surrounding properties.

10. City, county and state requirements. An emergency homeless shelter shall obtain and maintain in good standing required licenses, permits, and approvals from city, county and state agencies or departments and demonstrate compliance with applicable building and fire codes. An emergency homeless shelter shall comply with all county and state health and safety requirements for food, medical and other supportive services provided on site.

11. Number of beds. An individual emergency homeless shelter shall have no more than 50 beds.

12. Entrance lobby/intake area. The intake area of an emergency homeless shelter shall be a minimum of 100 square feet, located entirely within the building. The entrance to the intake area shall not be located directly facing a public street. Hours of client intake shall be posted. Clients shall not be allowed to form a queue outside the facility.

13. Location. There shall be no less than 300 feet between emergency homeless shelters in any zone district.

14. Smoking ordinance. Emergency homeless shelters shall comply with the provisions of PHMC Chapter 9.45 (smoking ordinance).

15. Design review. New construction and/or exterior alterations to an existing site or building are subject to administrative design review by the zoning administrator to ensure substantial conformance with the city’s design guidelines.

16. Additional requirements. Each emergency homeless shelter shall provide:

a. Lockers or closets for personal property adequate for the number of clients.

b. Clothes washing station(s) or machine(s) adequate for the number of clients.

C. Emergency homeless shelter fees. Prior to issuance of a building permit for any emergency homeless shelter, any fees or exactions authorized by law, that are applicable to residential development, and that are determined by the city to be essential to provide necessary public services and facilities for the emergency homeless shelter, shall be paid by the operator of the emergency shelter to the city and/or to other applicable public agencies. In the event that the operation of the facility results in a need for additional police and public safety services or resources to ensure the public health, safety and welfare of the community, the operator may be required to reimburse the city for any documented costs incurred for providing such additional services and/or resources. (Ord. 890 § 14, 2015; Ord. 874 § 5, 2013; Ord. 867 § 10, 2012)

18.20.090 Manufactured homes.

The following supplemental regulations are to provide opportunities for the placement of manufactured homes in R districts 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.

A. General requirements. A manufactured home may be used for residential purposes if it has been approved by the architectural review commission, and has been granted a certificate of compatibility by the zoning administrator, and is located in an R district. A manufactured home may also be used for temporary uses, subject to the requirements of a temporary use permit issued under PHMC Chapter 18.100.

B. Requirements for certificate of compatibility. The zoning administrator shall issue a certificate of compatibility if the manufactured home meets the design and locational criteria of this subsection. The certificate is valid for two years and may be renewed for subsequent periods of two years if the location and design criteria of this section are met. More specifically, the location and design of a manufactured home shall comply with the following criteria in order to protect neighborhood integrity, provide for harmonious relationship between a manufactured home and surrounding uses, and minimize problems that could occur as a result of locating a manufactured home on a residential lot.

1. Location criteria. Manufactured homes are not allowed:

a. On substandard lots that do not meet the dimensional standards of PHMC § 18.20.030; or

b. On a lot with an average slope of more than 10%, or on any portion of a lot where the slope exceeds 15%.

Except as modified herein, all other provisions contained in this section shall remain in full force and effect.

2. Design criteria. A manufactured home shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:

a. It must be built on a permanent foundation approved by the chief building official;

b. It must have been constructed after June 15, 1976, and must be certified under the National Manufactured Home Construction and Safety Standards Act of 1974;

c. The unit’s skirting must extend to the finished grade;

d. Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited;

e. The roof must be of concrete or asphalt tile, shakes or shingles complying with the most recent edition of the adopted building codes under PHMC Title 14;

f. The roof must have eaves or overhangs of not less than one foot;

g. The floor must be no higher than 20 inches above the exterior finished grade; and

h. Required covered parking shall be compatible with the manufactured home design and with other buildings in the area.

C. Cancellation of state registration. Whenever a manufactured home is installed on a permanent foundation, any registration of the 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 chief building official satisfactory evidence showing that the state registration of the manufactured home has been, or will be, with certainty, canceled; or, if the manufactured home is new and has never been registered with the state, the owner shall provide the chief building official with a statement to that effect from the dealer selling the home. (Ord. 928 § 5, 2019; amended during 2005 recodification; Ord. 710 § 35-5.6, 1996; 1991 code § 35-5.6(e))

18.20.095 Accessory dwelling units.

A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.

B. Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in subsection C.7 of this section. This does not prevent the city from enforcing compliance with applicable building standards in accordance with California Health and Safety Code section 17980.12.

C. Definitions. As used in this section, terms are defined as follows:

1. Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

a. An efficiency unit, as defined by California Health and Safety Code section 17958.1; and

b. A manufactured home, as defined by California Health and Safety Code section 18007.

2. Accessory structure means a structure that is accessory and incidental to a dwelling located on the same lot.

3. Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

4. Efficiency kitchen means a kitchen that includes each of the following:

a. A cooking facility with appliances.

b. A food preparation counter or counters that total at least 15 square feet in area.

c. Food storage cabinets that total at least 30 square feet of shelf space.

5. Junior accessory dwelling unit or JADU means a residential unit that:

a. Is no more than 500 square feet in size;

b. Is contained entirely within an existing or proposed single-family structure;

c. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and

d. Includes an efficiency kitchen, as defined in subsection C.4 of this section.

6. Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

7. Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.

8. Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

9. Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

10. Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

11. Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another, such that the front vehicle may not be retrieved without the rear vehicle being moved.

D. Approvals. The following approvals apply to ADUs and JADUs under this section:

1. Building permit only. If an ADU or JADU complies with each of the general requirements in subsection E of this section, it is allowed with only a building permit in the following scenarios:

a. Converted on single-family lot. One ADU and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

ii. Has exterior access that is independent of that for the single-family dwelling; and

iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

b. Limited detached on single-family lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D.1.a of this section), if the detached ADU satisfies the following limitations:

i. The side- and rear-yard setbacks are at least four feet.

ii. The total floor area is 800 square feet or smaller.

iii. The peak height above grade is 16 feet or less.

c. Converted on multifamily lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25% of the existing multifamily dwelling units.

d. Limited detached on multifamily lot. No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations:

i. The side- and rear-yard setbacks are at least four feet.

ii. The peak height above grade is 16 feet or less.

2. ADU permit.

a. Except as allowed under subsection D.1 of this section, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E and F of this section.

b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU permit processing fee is determined by the zoning administrator and approved by the city council by resolution.

3. Process and timing.

a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

b. The city must act on an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city does not act upon the completed application within 60 days, the application is deemed approved unless either:

i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or

ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

E. General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection D.1 or D.2 of this section:

1. Zoning.

a. An ADU or JADU subject only to a building permit under subsection D.1 of this section may be created on a lot in a residential or mixed-use zone.

b. An ADU or JADU subject to an ADU permit under subsection D.2 of this section may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

2. Fire sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

3. Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days.

4. No separate conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

5. Septic system. If the ADU or JADU will connect to an on-site water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

6. Owner occupancy.

a. All ADUs created before January 1, 2025, are not subject to owner-occupancy requirements.

b. All ADUs that are created on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.

c. All JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

7. Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the administrator. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

a. The ADU or JADU may not be sold separately from the primary dwelling.

b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

c. The deed restriction runs with the land and may be enforced against future property owners.

d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the zoning administrator, providing evidence that the ADU or JADU has in fact been eliminated. The zoning administrator may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the zoning administrator’s determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.

e. The deed restriction is enforceable by the zoning administrator or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

8. Income reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, each building-permit application must include an estimate of the projected annualized rent that will be charged for the ADU or JADU.

F. Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 of this section:

1. Maximum size.

a. The maximum size of a detached or attached ADU subject to this subsection is 1,200 square feet and up to two bedrooms.

b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50% of the floor area of the existing primary dwelling.

c. Application of other development standards in this subsection, such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, landscaping or open-space requirements may require the ADU to be less than 800 square feet.

2. Setbacks. ADUs subject to this subsection shall comply with the following setbacks, subject to subsection F.1.c of this section. Setbacks are measured from property lines or vehicular easements, whichever is applicable.

a. Attached and detached ADUs.

i. Front yard setbacks.

1. Single-family residential zoning district R-20 – 25 feet;

2. Single-family residential zoning districts PUD/PPD, R-15, R-10, R-10A, R-7, R-6 – 20 feet;

3. Multiple-family residential zoning district MRH – 20 feet;

4. Multiple-family residential zoning district PUD/PPD, MRM, MRL, MRVL – 15 feet.

ii. Side and rear yard setbacks. All single- and multiple-family zoning districts – four feet.

iii. No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.

3. Floor area ratio (FAR). No ADU subject to this subsection F may cause the total FAR of the lot to exceed 40% in single-family zoning districts with no limitation in multifamily zoning districts, subject to subsection F.1.c of this section.

4. Lot coverage. No ADU subject to this subsection F may cause the total lot coverage to exceed the limitations as noted below, except as noted in subsection F.1.c of this section:

a. Single-family residential zoning districts R-20, R-15 – 25% maximum lot coverage;

b. Single-family residential zoning districts R-10 – 30% maximum lot coverage;

c. Single-family residential zoning districts PUD/PPD, R-10A, R-7, R-6 – 35% maximum lot coverage;

d. Multiple-family residential zoning districts PUD/PPD, MRVL, MRL, MRM, MRH – 40% maximum lot coverage.

5. Minimum open space. No ADU subject to this subsection F may cause the project to be less than the following open space provisions for multifamily zoning districts noted below, subject to subsection F.1.c of this section:

a. Total usable open space on a site having three or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing private open space, shared open space, or a combination of the two.

i. Private open space. To satisfy the open space requirement, private open space must be on a patio or balcony, within which a horizontal rectangle has no dimension less than six feet.

ii. Shared open space. To satisfy the open space requirement, shared open space must be provided by interior side yards, patios and terraces, each designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet. The open space must be open to the sky, and may not include driveways or parking areas or area required for front or corner side yards.

6. Landscaping. No ADUs in single-family or multifamily residential zoning districts subject to this subsection F may cause the total landscaping of the lot to be less than as noted below, subject to subsection F.1.c of this section:

a. Single-family residential zoning districts (including PUD and PPD single family residential).

i. 50% of the front yard setback (yard) area is to be landscaped.

b. Multiple-family residential zoning districts.

i. Multiple-family residential zoning districts MRVL and MRL – 35% landscaping;

ii. Multiple-family residential zoning district MRM – 30% landscaping;

iii. Multiple-family residential zoning districts PUD/PPD, MRH – 25% landscaping.

7. Height.

a. An attached or detached ADU may not exceed 16 feet in height above grade, measured to the peak of the structure.

8. Passageway. No passageway, as defined by subsection C.8 of this section, is required for an ADU.

9. Parking.

a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.11 of this section. The size of the off-street parking necessary for the ADU shall be eight and one-half feet wide by 19 feet deep (if enclosed the space shall be 10 feet wide by 22 feet deep, with a nine-foot-wide door opening) with a 10-foot-wide paved vehicular access from/to the public right-of-way and shall be surfaced with concrete or two inches of asphalt concrete over six inches of aggregate base.

b. Exceptions. No parking under subsection F.9.a of this section is required in the following situations:

i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.10 of this section.

ii. The ADU is located within an architecturally and historically significant historic district.

iii. The ADU is part of the proposed or existing primary residence or an existing accessory structure under subsection D.1.a of this section.

iv. When on-street parking permits are required but not offered to the occupant of the ADU.

v. When there is an established car share vehicle stop located within one block of the ADU.

c. No replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

10. Architectural requirements.

a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.

b. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

c. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance shall not be on the same side of the primary dwelling entrance, unless this entrance is screened from public views.

d. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

11. Screening.

a. Evergreen landscape or fence screening must be planted or installed and maintained between the ADU and adjacent parcels as follows:

i. For a single-story ground-level ADU, at least one 15-gallon size evergreen tree that is six feet tall at the time of installation shall be provided for every 10 linear feet of exterior wall or a solid fence of at least six feet in height may be installed.

ii. Landscaping must be drought-tolerant.

12. Historical protections. The following requirements apply to ADUs on or within 600 feet of real property that is listed in the California Register of Historic Resources: the architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed on the federal, state, or local register of historic places must comply with all applicable ministerial requirements imposed by the Secretary of the Interior and be located so as to not be visible from any public right-of-way.

G. Fees.

1. Impact fees.

a. No impact fee is required for an ADU that is less than 750 square feet in size.

b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling). Impact fee here does not include any connection fee or capacity charge for water or sewer service.

2. Waiving of fees. The city shall waive fees for ADUs in the following manner:

a. Building and planning permit fees shall be waived if the ADU is deed-restricted for 55 years at the low-income affordable level.

b. Building, planning and traffic mitigation fees shall be waived if the ADU is deed-restricted for 55 years at the very low-income affordable level.

H. Nonconforming ADUs and discretionary approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A through G of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title. (Ord. 948 § 3, 2021; Ord. 938 § 5, 2020)

18.20.097 Urban lot splits.

A. Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.

B. Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. and Tax Code § 214.15).

2. An application for an urban lot split must be submitted on the city’s approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

3. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a parcel map for an urban lot split is approved or denied ministerially, by the building official, without discretionary review.

2. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires six months after approval.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. An urban lot split must satisfy each of the following requirements:

1. Map Act compliance.

a. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov’t. Code § 66410 et seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section.

b. If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:

i. The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.

ii. The city has all the remedies available to it under the SMA, including but not limited to the following:

(A) An action to enjoin any attempt to sell, lease, or finance the property.

(B) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

(C) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

(D) Record a notice of violation.

(E) Withhold any or all future permits and approvals.

c. Notwithstanding Government Code section 66411.1 (SMA), no dedication of rights-of-way or construction of off-site improvements is required for an urban lot split.

2. Zone. The lot to be split is designated as a standard single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot (R-20, R-15, R-10, R-10A, R-7, R-6).

3. Lot location.

a. The lot to be split is not located on a site that is any of the following:

i. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

ii. A wetland.

iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing fire and building standards.

iv. A hazardous waste site that has not been cleared for residential use.

v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

vi. Within a 100-year flood hazard area, unless the site has either:

(A) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

(B) Meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program.

vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.

viii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

ix. Habitat for protected species.

x. Land under conservation easement.

b. The purpose of subsection E.3.a of this section is merely to summarize the requirements of Government Code sections 65913.4(a)(6)(B) through (K). (See Gov’t. Code § 66411.7(a)(3)(C).)

4. Not historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

5. No prior urban lot split.

a. The lot to be split was not established through a prior urban lot split.

b. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. Any person acting “in concert” with the owner here includes any third party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.

6. No impact on protected housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

a. Housing that is income-restricted for households 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 policy power.

c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov’t. Code §§ 7060 through 7060.7) at any time in the 15 years prior to submission of the urban lot split application.

d. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

7. Lot size.

a. The lot to be split must be at least 2,400 square feet.

b. The resulting lots must each be at least 1,200 square feet.

c. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.

8. Easements.

a. The owner, if required, must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

b. Each easement must be shown on the tentative parcel map.

c. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subsection D.2 of this section.

d. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.

9. Lot access.

a. Each resulting lot must adjoin the public right-of-way.

b. Each resulting lot must have frontage on the public right-of-way of at least 20 feet.

10. Unit standards.

a. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this subsection, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under PHMC § 18.20.105, an ADU, or a JADU.

b. Unit size.

i. The total floor area of each primary dwelling that is developed on a resulting lot must be:

(A) Less than or equal to 800 square feet; and

(B) More than 500 square feet.

ii. A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.

iii. A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.

c. Height restrictions.

i. On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from existing or finished grade, whichever is lower, to peak of the structure.

ii. On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from existing or finished grade, whichever is lower, to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

iii. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

d. Lot coverage. Lot coverage must conform to the objective lot coverage requirements that are imposed through the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

e. Floor area ratio. Floor area ratio (FAR) must conform to the objective FAR requirements that are imposed through the underlying zone. This floor area ratio standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

f. Setbacks.

i. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

ii. Exceptions. Notwithstanding subsection E.10.e of this section:

(A) Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

(B) Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

g. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street, covered and enclosed parking space per unit unless one of the following applies:

i. The lot is located within one-half mile walking distance of either:

(A) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or

(B) A site that contains:

(1) An existing rail or bus rapid transit station,

(2) A ferry terminal served by either a bus or rail transit service, or

(3) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

ii. The site is located within one block of a car-share vehicle location.

h. Design standards. The following standards are only enforced to the extent that they do not prevent two primary dwelling units on the lot measuring 800 square feet each:

i. Site planning.

(A) Site placement.

(1) Projects with two or more structures shall be staggered with a minimum two-foot variation measured from the front setback with the intent of providing a varied street elevation, such that front setbacks of adjacent homes and garages differ by a minimum of two feet and a maximum of six feet.

(2) Front-loaded garages shall be recessed a minimum of four feet from the front wall plane of the residence’s habitable space.

(B) Site development.

(1) Residences shall have a front entry sited from parallel to within 45 degrees of parallel, to the street.

(2) Front entries shall include a covered projection (porch) with a minimum area of 20 square feet and a maximum of 100 square feet, as measured from the supporting elements. Porches may be a combination of projection and recess but shall not be completely recessed within the building footprint. At minimum, the entry doorway shall be covered within one foot of either side of the door and three feet of the face. A porch may encroach a maximum of 20 percent into the front setback.

(3) Vehicle charging facilities shall be housed within a garage, or not visible from view from any adjacent property or public right-of-way or easement, by a fence or landscaping.

(C) Utility and service areas.

(1) Above-ground utilities, transformers, and other mechanical equipment placed between the front or street side of a residence and a public street or vehicular or pedestrian accessway shall not be visible from view from any adjacent property or public right-of-way or easement through the use of a fence, wall, or landscaping.

(2) Excluding solar panels, roof-mounted equipment shall be hidden from view from the public street behind roof peaks or parapets.

(3) Utility and mechanical equipment shall not obstruct pedestrian pathways.

ii. Scale and mass. Structures shall be vertically (height) and horizontally (depth) articulated along the front elevations. Vertical articulations shall include a change in total height of a minimum of two feet, or a change in roof pitch or form, or the inclusion of a gable or dormer, and such articulation shall occur at intervals of a maximum of 15 feet. Horizontal articulations shall include a change of wall plane by a minimum depth of two feet at intervals of a maximum of 20 feet.

iii. Building architecture and appearance.

(A) Architectural appearance.

(1) Second floor balconies shall not be positioned along any side elevation within 20 feet of the adjacent property line.

(2) All facades of the structure shall include at least two of the following architectural details:

(a) Porches, decks, and/or balconies with railings.

(b) Building materials such as masonry, tile, shingle, or other materials other than stucco that add decorative or textural qualities to the building.

(c) Accessories that may include, but not be limited to:

(i) Pot shelfs;

(ii) Landscape trellises;

(iii) Decorative accent tiles;

(iv) Wood grain texture finish false shutter;

(v) Gable end vents and corbels; or

(vi) Window awnings.

(3) Variation in wall planes by incorporating a projected feature such as a bay window or other projected feature with a minimum depth of four inches.

(4) Decorative trim that projects a minimum of three-quarters of an inch from the wall plane.

(5) If used, shutters shall be sized to cover 100 to 105 percent of the window and match the exact window shape.

(B) Materials.

(1) Accessory structures shall be constructed of the same materials, colors, and roof type as the primary structure.

(2) Windows shall be recessed by a minimum of two inches from the wall plane or shall include wood, metal, or engineered wood trim with a minimum width of three inches and minimum depth of three-quarters of an inch.

(3) Single-family subdivisions with two or three units shall provide a minimum of two color schemes. Single-family subdivisions with more than three residential structures shall provide a minimum of three color schemes and shall not use a single color scheme on more than 40 percent of the residential structures. Structures shall incorporate a color scheme that contains a maximum of four distinct colors per building. A color scheme is defined as body one and/or body two, trim, and a contrasting accent color. Adjacent structures shall not use the same color scheme.

iv. Landscaping.

(A) New development shall plant a minimum of one drought tolerant tree along the street frontage. Trees shall be a minimum box size of 24 inches at the time of planting.

(B) The front yard shall not exceed a maximum of 50 percent of pavement or hardscape.

(C) A minimum of 50 percent of the front yard area shall be landscaped with live plantings consistent with zoning ordinance provisions (PHMC § 18.20.040.H).

(D) Runoff shall be detained on site prior to discharging to any creek or storm drain facility. Outfalls shall be used to discharge water to creeks.

(E) All areas not occupied by structures or pavement shall be landscaped. Landscaped areas shall consist of plantings, lawn/turf, mulch, or bark. Artificial turf may be used if it and its substrate is permeable and has a minimum pile height of one and one-quarter inches.

v. Fences and walls.

(A) Walls and fences shall not be placed in the street frontage(s) in hillside areas (with a project site greater than an average of 15 percent slope) and along scenic corridors.

(B) Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket.

(C) Chain-link fences are prohibited.

vi. Lighting. All entryways, porch areas, pedestrian pathways, and gates shall include lighting for safety and security. Lighting shall be fully shielded, directed downward (not above the horizontal plane), and shall not spill onto adjacent properties. Light fixtures shall be a maximum of eight feet from the ground plane. Lighting shall use light emitting diodes (LEDs) with a maximum temperature of 3,000 kelvins. Second floor accent lighting is prohibited. A photometric plan shall be provided to show compliance.

i. Nonconforming conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.

j. Utilities.

i. Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.

ii. Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an on-site wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

k. Building and safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

l. Fire safety. All structures built on the lot must comply with all current fire safety measures required by the Contra Costa County Fire Protection District.

11. Separate conveyance.

a. Within a resulting lot.

i. Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

ii. Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

iii. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

b. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

12. Regulation of uses.

a. Residential only. No nonresidential use is permitted on any lot created by urban lot split.

b. No STRs. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.

c. Owner occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three years after the urban lot split is approved.

13. Deed restriction. The owner must record a deed restriction, on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:

a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

b. Expressly prohibits any nonresidential use of the lots created by the urban lot split.

c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

d. Limits development of the lot to residential standards that comply with the requirements of this section, except as required by state law.

F. Specific adverse impacts.

1. Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov’t. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (a) inconsistency with the zoning ordinance or general plan land use designation or (b) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific adverse impact. (Ord. 951 § 2, 2021)

18.20.100 Accessory dwelling units.

Repealed by Ord. 937. (Ord. 928 § 7, 2019; Ord. 915 § 8, 2017)

18.20.105 Two-unit projects.

A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

B. Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. and Tax Code § 214.15).

2. An application for a two-unit project must be submitted on the city’s approved form.

3. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a two-unit project is approved or denied ministerially, by the building official, without discretionary review.

2. The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. A two-unit project must satisfy each of the following requirements:

1. Map Act compliance. The lot must have been legally subdivided.

2. Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot (R-20, R-15, R-10, R-10A, R-7, R-6).

3. Lot location.

a. The lot is not located on a site that is any of the following:

i. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

ii. A wetland.

iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

iv. A hazardous waste site that has not been cleared for residential use.

v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

vi. Within a 100-year flood hazard area, unless the site has either:

(A) Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

(B) Meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program.

vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.

viii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

ix. Habitat for protected species.

x. Land under conservation easement.

b. The purpose of subsection E.3.a of this section is merely to summarize the requirements of Government Code sections 65913.4(a)(6)(B) through (K). (See Gov’t. Code § 66411.7(a)(3)(C).)

4. Not historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

5. No impact on protected housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

a. Housing that is income-restricted for households 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, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov’t. Code §§ 7060 through 7060.7) at any time in the 15 years prior to submission of the urban lot split application.

d. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. Unit standards.

a. Quantity.

i. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this subsection, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.

ii. A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU ordinance.

See examples below:

b. Unit size.

i. The total floor area of each primary dwelling built that is developed under this section must be:

(A) Less than or equal to 800 square feet; and

(B) More than 500 square feet.

ii. A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.

iii. A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.

c. Height restrictions.

i. On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from existing for finished grade, whichever is lower, to peak of the structure.

ii. On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from existing for finished grade, whichever is lower, to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

iii. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

d. Demolition cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

e. Lot coverage. Lot coverage must conform to the objective lot coverage requirements that are imposed through the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

f. Floor area ratio. Floor area ratio (FAR) must conform to the objective FAR requirements that are imposed through the underlying zone. This floor area ratio standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

g. Setbacks.

i. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

ii. Exceptions. Notwithstanding subsection E.6.f of this section:

(A) Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

(B) Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

h. Parking. Each new primary dwelling unit must have at least one off-street, covered and enclosed parking space per unit unless one of the following applies:

i. The lot is located within one-half mile walking distance of either:

(A) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or

(B) A site that contains:

(1) An existing rail or bus rapid transit station,

(2) A ferry terminal served by either a bus or rail transit service, or

(3) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

ii. The site is located within one block of a car-share vehicle location.

i. Design standards for detached units. The following standards are only enforced to the extent they do not prevent two primary dwelling units on the lot at 800 square feet each:

i. Site planning.

(A) Site placement.

(1) Projects with two or more structures shall be staggered with a minimum two-foot variation measured from the front setback with the intent of providing a varied street elevation so that front setbacks of adjacent homes and garages differ by a minimum of two feet and a maximum of six feet.

(2) Front-loaded garages shall be recessed a minimum of four feet from the front wall plane of the residence habitable space.

(B) Site development.

(1) Residences shall have a front entry sited from parallel to within 45 degrees of parallel to the street.

(2) Front entries shall include a covered projection (porch) with a minimum area of 20 square feet and a maximum of 100 square feet, as measured from the supporting elements. Porches may be a combination of projection and recess but shall not be completely recessed within the building footprint. At minimum, the entry doorway shall be covered within one foot of either side of the door and three feet of the face. A porch may encroach a maximum of 20 percent into the front setback.

(3) Vehicle charging facilities shall be housed within a garage, or not visible from view from any adjacent property or public right-of-way or easement, screened from view from the street by a fence or landscaping.

(C) Utility and service areas.

(1) Above-ground utilities, transformers, and other mechanical equipment placed between the front or street side of a residence and a public street or vehicular or pedestrian accessway shall not be visible from view from any adjacent property or public right-of-way or easement through the use of fence, wall, or landscaping.

(2) Excluding solar panels, roof-mounted equipment shall be hidden from view from the public street behind roof peaks or parapets.

(3) Utility and mechanical equipment shall not obstruct pedestrian pathways.

ii. Scale and mass. Structures shall be vertically (height) and horizontally (depth) articulated along the front elevations. Vertical articulations shall include a change in total height of a minimum of two feet, or a change in roof pitch or form, or the inclusion of a gable or dormer, and such articulation shall occur at intervals of a maximum of 15 feet. Horizontal articulations shall include a change of wall plane by a minimum depth of two feet at intervals of a maximum of 20 feet.

iii. Building architecture and appearance.

(A) Architectural appearance.

(1) Second floor balconies shall not be positioned along any side elevation within 20 feet of the adjacent property line.

(2) All facades of the structure shall include at least two of the following architectural details:

(a) Porches, decks, and/or balconies with railings.

(b) Building materials such as masonry, tile, shingle, or other materials other than stucco that add decorative or textural qualities to the building.

(c) Accessories that may include, but not be limited to:

(i) Pot shelfs;

(ii) Landscape trellises;

(iii) Decorative accent tiles;

(iv) Wood grain texture finish false shutter;

(v) Gable end vents and corbels; or

(vi) Window awnings.

(3) Variation in wall planes by incorporating a projected feature such as a bay window or other projected feature with a minimum depth of four inches.

(4) Decorative trim that projects a minimum of three-quarters of an inch from the wall plane.

(5) If used, shutters shall be sized to cover 100 to 105 percent of the window and match the exact window shape.

(B) Materials.

(1) Accessory structures shall be constructed of the same materials, colors, and roof type as the primary structure.

(2) Windows shall be recessed by a minimum of two inches from the wall plane or shall include wood, metal, or engineered wood trim with a minimum width of three inches and minimum depth of three-quarters of an inch.

(3) Single-family subdivisions with two or three units shall provide a minimum of two color schemes. Single-family subdivisions with more than three residential structures shall provide a minimum of three color schemes and shall not use a single color scheme on more than 40 percent of the residential structures. Structures shall incorporate a color scheme that contains a maximum of four distinct colors per building. A color scheme is defined as body one and/or body two, trim, and a contrasting accent color. Adjacent structures shall not use the same color scheme.

iv. Landscaping.

(A) New development shall plant a minimum of one drought tolerant tree along the street frontage. Trees shall be a minimum box size of 24 inches at the time of planting.

(B) The front yard shall not exceed a maximum of 50 percent of pavement or hardscape.

(C) A minimum of 50 percent of the front yard area shall be landscaped with live plantings consistent with zoning ordinance provisions (PHMC § 18.20.040.H).

(D) Runoff shall be detained on site prior to discharging to any creek or storm drain facility. Outfalls shall be used to discharge water to creeks.

(E) All areas not occupied by structures or pavement shall be landscaped. Landscaped areas shall consist of plantings, lawn/turf, mulch, or bark. Artificial turf may be used if it and its substrate is permeable and has a minimum pile height of 1.25 inches.

v. Fences and walls.

(A) Walls and fences shall not be placed in the street frontage(s) in hillside areas (with a project site greater than an average of 15 percent slope) and along scenic corridors.

(B) Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket.

(C) Chain-link fences are prohibited.

vi. Lighting. All entryways, porch areas, pedestrian pathways, and gates shall include lighting for safety and security. Lighting shall be fully shielded, directed downward (not above the horizontal plane), and shall not spill onto adjacent properties. Light fixtures shall be a maximum of eight feet from the ground plane. Lighting shall use light emitting diodes (LEDs) with a maximum temperature of 3,000 kelvins. Second floor accent lighting is prohibited. A photometric plan shall be provided to show compliance.

j. Design standards for attached units. The following standards are only enforced to the extent that they do not prevent two primary dwelling units on the lot at 800 square feet each:

i. Site planning.

(A) Site placement.

(1) Structures shall be sited from parallel to within 45 degrees of parallel to the street.

(2) Corner structures that face two public streets shall include entries that are sited from parallel within 45 degrees of parallel, to each street.

(3) All entries facing a public street shall have a pedestrian pathway that connects to the public sidewalk or a public street.

(4) All public property that fronts a project shall be improved to current public works standards and specifications. Projects shall install and dedicate street improvements including, but not limited to: curb and gutter, sidewalk, driveway aprons, street paving, storm drainage facilities, sewer and water, fire protection, undergrounding of utilities and street lighting.

k. Scale and mass.

i. Structures shall be vertically and horizontally articulated along all facades that face or will be visible from a public street. Horizontal articulations, including change in total height of a minimum of two feet, change in roof pitch or form, or inclusion of a gable or dormer, shall occur at intervals of a maximum of 20 feet.

ii. Second floor balconies shall not be positioned along any side elevation within 10 feet of an adjacent multifamily property line or within 20 feet of an adjacent single-family property line.

iii. Vertical articulations shall include a change in wall plane by a minimum depth of two feet at a maximum interval of 30 feet, incorporating a projection or recess with a minimum width of two feet and a minimum height of eight feet and a minimum depth of two feet, or stepping back the floors above the ground floor by a minimum of two feet.

l. Architecture and appearance.

i. Windows located on upper floors within 15 feet of an adjacent structure shall utilize one or more of the following techniques to minimize privacy impacts on adjacent properties and/or structures:

(A) Use clerestory windows located at a minimum height of five feet measured from the finished floor;

(B) Use of nontransparent or frosted glazing;

(C) Installation of permanent architectural screens or louvers in front of windows; and/or

(D) Position the window so that it is not in line or directly face a window on an adjacent structure.

ii. For structures of four or more stories, upper and lower stories shall be distinguished by incorporating one or more of the following features:

(A) Incorporate a change in wall material in addition to a change in wall plane of at least one inch in depth at the transition between the two materials.

(B) Treat the ground floor with materials such as stone, concrete, or other similar masonry or cementitious materials that are distinct from the remainder of the structure.

(C) Set back the top floor(s) of the structure a minimum of five feet from the remainder of the building facade.

(D) Incorporate a horizontal feature such as a bellyband or belt course.

iii. Trim surrounds with a minimum depth of three-quarters of an inch shall be provided on all exterior window and door openings. In lieu of window trim, windows shall be recessed from the wall plane by a minimum of two inches.

m. Landscaping.

i. Pedestrian pathways, hardscapes, front setbacks, and parking areas shall be shaded with minimum 24-inch box drought-tolerant shade trees at intervals of a maximum of 30 feet. A minimum of 50 percent of the trees selected shall be of deciduous variety.

ii. All areas not occupied by structures or pavement shall be landscaped. Landscaped areas shall consist of plantings, lawn/turf, mulch, or bark. Artificial turf may be used if it and its substrate is permeable and has a minimum pile height of 1.25 inches.

iii. Trees shall be planted along the street frontage at intervals of a maximum of 30 feet and a minimum of 50 percent shall be of deciduous variety. A deciduous tree shall be provided in the rear yard or along a side yard to the west of the primary structure. Trees shall be a minimum box size of 24 inches at the time of planting.

iv. A maximum of 25 percent of the front yard area shall be paved or hardscaped.

v. Landscaping shall be protected from vehicular and pedestrian encroachment through the use of curbs and raised planting surfaces with a minimum height of six inches.

vi. Runoff shall be detained on site prior to discharging to any creek or storm drain facility. Outfalls shall be used to discharge water to creeks.

vii. Development adjacent to creeks shall position structures along setbacks opposite the creek setback, so that open yard areas, rather than structures, are positioned along creek setbacks.

viii. Creek stabilization shall incorporate soil bio-engineering and plant-based methods.

n. Fences and walls.

i. Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket.

ii. Fences and walls visible from the public street shall incorporate vertical elements with a minimum width of four inches at intervals of no more than six feet.

iii. Walls and fences shall not be placed in the street frontage in hillside areas (with a project site greater than an average of 15 percent slope) and along scenic corridors.

iv. Chain-link fences are prohibited.

o. Lighting.

i. All entryways, porch areas, pedestrian pathways, parking areas, and gates shall include lighting for safety and security. Lighting shall be fully shielded, directed downward (not above the horizontal plane), and shall not spill onto adjacent properties. Lighting shall use light emitting diodes (LEDs) with a maximum temperature of 3,000 kelvins and shall be consistent with the maximum allowed foot-candle levels cited in PHMC § 18.55.140(B). A photometric plan shall be provided to show compliance.

ii. Light fixtures shall be a maximum of eight feet from the ground plane in pedestrian areas and 12 feet in parking areas. Upper floor accent lighting is prohibited.

p. Service facilities and utilities.

i. Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket. Trash, recycling, and organic waste bins and dumpsters (trash containers) shall be housed within covered refuse enclosures with a metal gate or door(s) that latch shut. Wooden refuse enclosures that house trash containers are prohibited. Refuse enclosures shall be painted the same colors as a residential structure within the development. Refuse enclosures shall screen trash containers on all four sides to the full height of the container, consistent with PHMC § 18.50.070 and shall occupy an area that is a minimum of 150 percent of the sum of the waste bins.

ii. Refuse enclosures are prohibited in the required front setbacks and shall be screened from view from any adjacent property or public right-of-way or easement through the use of a fence or landscaping with a minimum height of six feet.

iii. Above-ground utilities, transformers, and other mechanical equipment placed between the front or street side of a structure and a public street or vehicular or pedestrian accessway, shall be screened from view from any adjacent property or public right-of-way or easement by a fence, wall, or landscaping.

iv. Excluding solar panels, roof-mounted equipment shall be hidden from view from the public street behind roof peaks or parapets.

v. Utility and mechanical equipment shall not obstruct pedestrian pathways.

q. Nonconforming conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

r. Utilities.

i. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

ii. Each primary dwelling unit on the lot that is or that is proposed to be connected to an on-site wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

s. Building and safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.

t. Fire safety. All structures built on the lot must comply with all current fire safety measures required by the Contra Costa County Fire Protection District.

7. Separate conveyance.

a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.

b. Condominium airspace divisions and common interest developments are not permitted within the lot.

c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

8. Regulation of uses.

a. Residential only. No nonresidential use is permitted on the lot.

b. No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.

c. Owner occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.

9. Deed restriction. The owner must record a deed restriction, on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:

a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

b. Expressly prohibits any nonresidential use of the lot.

c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

d. If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owner’s primary residence and legal domicile.

e. States that:

i. If the lot is formed by an urban lot split it is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.

ii. Development on the lot is limited to development of residential standards under this section, except as required by state law.

F. Specific adverse impacts.

1. Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Government Code section 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (a) inconsistency with the zoning ordinance or general plan land use designation or (b) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific adverse impact.

G. Remedies. If a two-unit project violates any part of this code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2. The city may:

a. Bring an action to enjoin any attempt to sell, lease, or finance the property.

b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

d. Record a notice of violation.

e. Withhold any or all future permits and approvals.

f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code. (Ord. 951 § 3, 2021)

18.20.110 Swimming pools and hot tubs.

A. Swimming pools and hot tubs shall be fenced as required by the California Building Code.1

B. In-ground swimming pools and hot tubs shall be set back a minimum of three feet from the exterior edge of the pool or hot tub to property lines and structures.

C. Above-ground swimming pools and hot tubs are subject to the setback requirements specified in PHMC § 18.20.050, Accessory structures. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-5.6, 1996; 1991 code § 35-5.6(g))

18.20.120 Hillside properties.

An applicant for development of a parcel with an average slope of 15% or greater shall apply for rezoning to HPUD in accordance with PHMC Chapter 18.35, unless already subdivided to its maximum density, and any development on the parcel must comply with PHMC §§ 18.35.040.B, D and E and 18.35.050. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-5.6, 1996; 1991 code § 35-5.6(h))

18.20.130 Animals.

A. Large domestic or nondomestic animals. The keeping of large domestic or nondomestic animals, other than roosters, on a site of at least one acre is permitted, so long as there are no more than two mature large domestic or nondomestic animals per acre. Any barn, stable, or other structure used to house large domestic or nondomestic animals shall be located at least 100 feet from the boundary line of a street or public road and at least 50 feet from a side, front or rear property line.

B. Small domestic animals. Small animals kept as pets are permitted, except no more than three mature dogs and no more than five mature cats, hens, rabbits, or similar-sized animals may be kept, harbored, possessed, or maintained on any residential parcel. Roosters are not permitted to be kept for any purpose. (Ord. 949 § 8, 2021; Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-5.6, 1996; 1991 code § 35-5.6(i))

18.20.140 Container or storage unit.

A container or storage unit is allowed for up to 10 calendar days, or for a longer period if there is a grading or building permit for construction on the site and a zoning permit has been issued for the container or storage unit. (Ord. 757 § 1, 2001; Ord. 710 § 35-5.6, 1996; 1991 code § 35-5.6(j))

18.20.145 Permanent basketball hoops.

A basketball hoop with a permanent foundation is allowed within any yard, within residential zoning districts, provided it is set back a minimum of five feet from any property line, is not located within any intersection sight obstruction, and it is no higher than 15 feet above existing grade. A zoning permit is required prior to installation of any basketball hoop. (Ord. 903 § 2, 2016)

18.20.150 Density bonus.

A. Authority. The ordinance codified in this chapter is adopted under the authority of California Government Code sections 65915 and 65915.5.

B. Density bonus.

1. When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the jurisdiction of the city, the city shall provide the applicant with incentives or concessions for the production of housing units and child care facilities as prescribed in this section.

2.    a. The city shall grant one density bonus, the amount of which shall be as specified in subsection B.6 of this section, and incentives or concessions, as described in subsection B.4 of this section, when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following:

i. Ten percent of the total units of a housing development for lower-income households, as defined in California Health and Safety Code section 50079.5.

ii. Five percent of the total units of a housing development for very low-income households, as defined in California Health and Safety Code section 50105.

iii. A senior citizen housing development, as defined in California Civil Code sections 51.3 and 51.12, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to California Civil Code section 798.76 or 799.5.

iv. Ten percent of the total dwelling units in a common interest development as defined in California Civil Code section 4100 for persons and families of moderate income, as defined in California Health and Safety Code section 50093; provided, that all units in the development are offered to the public for purchase.

b. For purposes of calculating the amount of the density bonus pursuant to subsection B.6 of this section, an applicant who requests a density bonus pursuant to this subsection shall elect whether the bonus shall be awarded on the basis of subsection B.2.a.i, ii, iii, or iv of this section.

c. For the purposes of this section, “total units” or “total dwelling units” does not include units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.

3.    a. An applicant shall agree to, and the city shall ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower-income density bonus units shall be set at an affordable rent as defined in California Health and Safety Code section 50053.

b. An applicant shall agree to, and the city shall ensure that, the initial occupant of all for-sale units that qualified the applicant for the award of the density bonus are persons and families of very low, low, or moderate income, as required, and that the units are offered at an affordable housing cost, as that cost is defined in California Health and Safety Code section 50052.5. The city shall enforce an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity sharing agreement:

i. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The city shall recapture any initial subsidy, as defined in subsection B.3.b.ii of this section, and its proportionate share of appreciation, as defined in subsection B.3.b.iii of this section, which amount shall be used within five years for any of the purposes described in California Health and Safety Code section 33334.2(e) that promote home ownership.

ii. For purposes of this subsection, the city’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

iii. For purposes of this subsection, the city’s proportionate share of appreciation shall be equal to the ratio of the city’s initial subsidy to the fair market value of the home at the time of initial sale.

c.    i. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the city’s valid exercise of its police power; or occupied by lower- or very low-income households, unless the proposed housing development replaces those units, and either of the following applies:

A. The proposed housing development, inclusive of the units replaced pursuant to this subsection, contains affordable units at the percentages set forth in subsection B.2 of this section.

B. Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower- or very low-income household.

ii. For the purposes of this subsection, “replace” shall mean either of the following:

A. If any dwelling units described in subsection B.3.c.i of this section are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower-income category as those households in occupancy. For unoccupied dwelling units described in subsection B.3.c.i of this section in a development with occupied units, the proposed housing development shall provide units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower-income category in the same proportion of affordability as the occupied units. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to subsection B.3.b of this section.

B. If all dwelling units described in subsection B.3.c.i of this section have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, as existed at the high point of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower-income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the high point is not known, then one-half of the required units shall be made available at affordable rent or affordable housing cost to, and occupied by, very low-income persons and families and one-half of the required units shall be made available for rent at affordable housing costs to, and occupied by, low-income persons and families. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to subsection B.3.b of this section.

iii. Subsection B.3.c of this section does not apply to an applicant seeking a density bonus for a proposed housing development if his or her application was submitted to, or processed by, the city before January 1, 2015.

4.    a. An applicant for a density bonus pursuant to subsection B.2 of this section may submit to the city a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of any of the following:

i. The concession or incentive is not required in order to provide for affordable housing costs, as defined in California Health and Safety Code section 50052.5, or for rents for the targeted units to be set as specified in subsection B.3 of this section.

ii. The concession or incentive would have a specific adverse impact, as defined in California Government Code section 65589.5(d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

iii. The concession or incentive would be contrary to state or federal law.

b. The applicant shall receive the following number of incentives or concessions:

i. One incentive or concession for projects that include at least 10% of the total units for lower-income households, at least 5% for very low-income households, or at least 10% for persons and families of moderate income in a common interest development.

ii. Two incentives or concessions for projects that include at least 20% of the total units for lower-income households, at least 10% for very low-income households, or at least 20% for persons and families of moderate income in a common interest development.

iii. Three incentives or concessions for projects that include at least 30% of the total units for lower-income households, at least 15% for very low-income households, or at least 30% for persons and families of moderate income in a common interest development.

c. The applicant may initiate judicial proceedings if the city refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. Nothing in this subsection shall be interpreted to require the city to grant an incentive or concession that has a specific, adverse impact, as defined in California Government Code section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subsection shall be interpreted to require the city to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city shall establish procedures for carrying out this section that shall include legislative body approval of the means of compliance with this section.

5.    a. In no case may the city apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subsection B.2 of this section at the densities or with the concessions or incentives permitted by this section. An applicant may submit to the city a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subsection B.2 of this section at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. Nothing in this subsection shall be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in Government Code section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subsection shall be interpreted to require the city to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law.

b. A proposal for the waiver or reduction of development standards pursuant to this subsection shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subsection B.4 of this section.

6. Density bonus defined. For the purposes of this section, “density bonus” means a density increase over the otherwise maximum allowable residential density as of the date of application by the applicant to the city. The applicant may elect to accept a lesser percentage of density bonus. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subsection B.2 of this section.

a. For housing developments meeting the criteria of subsection B.2.a.i of this section, the density bonus shall be calculated as follows:

Percentage Low-Income Units

10

11

12

13

14

15

16

17

18

19

20

Percentage Density Bonus

20

21.5

23

24.5

26

27.5

29

30.5

32

33.5

35

b. For housing developments meeting the criteria of subsection B.2.a.ii of this section, the density bonus shall be calculated as follows:

Percentage Very Low-Income Units

5

6

7

8

9

10

11

Percentage Density Bonus

20

22.5

25

27.5

30

32.5

35

c. For housing developments meeting the criteria of subsection B.2.a.iii of this section, the density bonus shall be 20% of the number of senior housing units.

d. For housing developments meeting the criteria of subsection B.2.a.iv of this section, the density bonus shall be calculated as follows:

Percentage Moderate-Income Units (10 – 20)

10

11

12

13

14

15

16

17

18

19

20

Percentage Density Bonus

5

6

7

8

9

10

11

12

13

14

15

 

Percentage Moderate-Income Units (21 – 31)

21

22

23

24

25

26

27

28

29

30

31

Percentage Density Bonus

16

17

18

19

20

21

22

23

24

25

26

 

Percentage Moderate-Income Units (32 – 40)

32

33

34

35

36

37

38

39

40

Percentage Density Bonus

27

28

29

30

31

32

33

34

35

e. All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

7. Land donations.

a. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city in accordance with this subsection, the applicant shall be entitled to a 15% increase above the otherwise maximum allowable residential density for the entire development, as follows:

Percentage Very Low-Income Units (10 – 20)

10

11

12

13

14

15

16

17

18

19

20

Percentage Density Bonus

15

16

17

18

19

20

21

22

23

24

25

 

Percentage Very Low-Income Units (21 – 30)

21

22

23

24

25

26

27

28

29

30

Percentage Density Bonus

26

27

28

29

30

31

32

33

34

35

b. This increase shall be in addition to any increase in density mandated by subsection B.2 of this section, up to a maximum combined mandated density increase of 35% if an applicant seeks an increase pursuant to both this subsection and subsection B.2 of this section. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subsection shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subsection if all of the following conditions are met:

i. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

ii. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than 10% of the number of residential units of the proposed development.

iii. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in California Government Code section 65583.2(c)(3), and is or will be served by adequate public facilities and infrastructure.

iv. The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the city may subject the proposed development to subsequent design review to the extent authorized by California Government Code section 65583.2(i) if the design is not reviewed by the city prior to the time of transfer.

v. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with subsections B.3.a and b of this section, which shall be recorded on the property at the time of the transfer.

vi. The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to the developer.

vii. The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.

viii. A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

8. Housing developments that include child care facilities.

a. When an applicant proposes to construct a housing development that conforms to the requirements of subsection B of this section and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the city shall grant either of the following:

i. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.

ii. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

b. The city shall require, as a condition of approving the housing development, that the following occur:

i. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subsection B.3 of this section.

ii. Of the children who attend the child care facility, the children of very low-income households, lower-income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower-income households, or families of moderate income pursuant to subsection B.2 of this section.

c. Notwithstanding any requirement of this subsection, the city shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

d. “Child care facility,” as used in this section, means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

9. Housing development defined. “Housing development,” as used in this section, means a development project for five or more residential units. For the purposes of this section, “housing development” also includes a subdivision or common interest development, as defined in California Civil Code section 4100, approved by the city and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in California Government Code section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower-income households are located.

10.    a. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

b. Except as provided in subsections B.4 and 5 of this section, the granting of a density bonus shall not be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards.

11. Concessions and incentives defined. For the purposes of this section, “concession or incentive” means any of the following:

a. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions.

b. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

c. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially sufficient, and actual cost reductions.

12. Effect on direct financial incentives. Subsection B.11 of this section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, or the waiver of fees or dedication requirements.

13. California Coastal Act. This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with section 30000) of the Public Resources Code).

14. City discretion in granting density bonus. If permitted by local ordinance, nothing in this section shall be construed to prohibit the city from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section.

15. Definitions. For purposes of this section, the following definitions shall apply:

a. “Development standard” includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation.

b. “Maximum allowable residential density” means the density allowed under the zoning ordinance and land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.

16. Vehicular parking ratio.

a. Except as provided in subsections B.16.b and c of this section, upon the request of the developer, the city shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subsections B.2 and B.3 of this section, that exceeds the following ratios:

i. Zero to one bedroom: one on-site parking space.

ii. Two to three bedrooms: two on-site parking spaces.

iii. Four and more bedrooms: two and one-half parking spaces.

b. Notwithstanding subsection B.16.a of this section, if a development includes the maximum percentage of low- or very low-income units provided for in subsections B.6.a and b of this section and is located within one-half mile of a major transit stop, as defined in California Public Resources Code section 21155(b), and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds one-half space per bedroom. For purposes of this subsection, a development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

c. Notwithstanding subsection B.16.a of this section, if a development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower-income families, as provided in California Health and Safety Code section 50052.5, then, upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following ratios:

i. If the development is located within one-half mile of a major transit stop, as defined in California Public Resources Code section 21155(b), and there is unobstructed access to the major transit stop from the development, the ratio shall not exceed one-half spaces per unit.

ii. If the development is a for-rent housing development for individuals who are 62 years of age or older that complies with California Civil Code sections 51.2 and 51.3, the ratio shall not exceed one-half space per unit. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

iii. If the development is a special needs housing development, as defined in California Health and Safety Code section 51312, the ratio shall not exceed three-tenths space per unit. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

d. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.

e. This subsection B.16 shall apply to a development that meets the requirements of subsections B.2 and 3 of this section, but only at the request of the applicant. An applicant may request parking incentives or concessions beyond those provided in this subsection pursuant to subsection B.4 of this section.

f. This subsection does not preclude the city from reducing or eliminating a parking requirement for development projects of any type in any location.

g. Notwithstanding subsections B.16.b and c of this section, if a city, county, city and county, or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years, then the city may impose a higher vehicular parking ratio not to exceed the ratio described in subsection B.16.a of this section, based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low- and very low-income individuals, including seniors and special needs individuals. The city, county, or city and county shall pay the costs of any new study. The city shall make findings, based on a parking study completed in conformity with this subsection, supporting the need for the higher parking ratio.

C. Density bonuses for condominium conversions.

1. When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33% of the total units of the proposed condominium project to persons and families of low or moderate income as defined in California Health and Safety Code section 50093, or 15% of the total units of the proposed condominium project to lower-income households as defined in California Health and Safety Code section 50079.5, and agrees to pay for the reasonably necessary administrative costs incurred by the city pursuant to this section, the city shall either (a) grant a density bonus or (b) provide other incentives of equivalent financial value. The city may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower-income households.

2. For purposes of this subsection C, “density bonus” means an increase in units of 25% over the number of apartments, to be provided within the existing structure or structures proposed for conversion.

3. For purposes of this subsection C, “other incentives of equivalent financial value” shall not be construed to require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval.

4. An applicant for approval to convert apartments to a condominium project may submit to the city a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals. The city shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. The city shall establish procedures for carrying out this section, which shall include city council approval of the means of compliance with this section.

5. Nothing in this section shall be construed to require the city to approve a proposal to convert apartments to condominiums.

6. An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under subsection B of this section.

7. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the city’s valid exercise of its police power; or occupied by lower or very low-income households, unless the proposed condominium project replaces those units, as defined in subsection B.3.c.ii of this section, and either of the following applies:

a. The proposed condominium project, inclusive of the units replaced pursuant to subsection B.3.c.ii of this section, contains affordable units at the percentages set forth in subsection C.1 of this section.

b. Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low-income household.

8. Subsection C.7 of this section does not apply to an applicant seeking a density bonus for a proposed housing development if their application was submitted to, or processed by, the city before January 1, 2015. (Ord. 899 § 1, 2016)

18.20.160 Review of plans.

All new residential construction, or modifications to multiple-family structures, require an architectural review permit (see Part 5). (Ord. 710 § 35-5.8, 1996; 1991 code § 35-5.8)


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    Code reviser’s note: This subsection was amended at the city’s request to remove an obsolete cross-reference to PHMC § 14.05.040.B.