The regulations contained in this chapter shall apply in the R-1a, R-1b, and R-1c single-unit dwelling zones unless otherwise provided in this title.
(Ord. 1719 § 1, 2010; Ord. 1853, 12/18/2023)
See Section 18.06.040.
(Ord. 1719 § 1, 2010)
In the R-1a, R-1b, and R-1c zones, the following accessory uses are permitted:
A.
The accessory buildings necessary to such use located on the same lot or parcel of land including a private garage, the capacity of which shall not exceed three automobiles (for occupancy and storage of trailers, boats, etc., see Section 18.12.090).
C.
Private greenhouses of not to exceed one thousand two hundred square feet in area and horticultural collections, flower and vegetable gardens and fruit trees.
D.
Poultry, rabbits or similar livestock raised for food, scientific or fur bearing purposes; provided that not more than twelve of any one or combination of such animals may be maintained on one lot. The keeping of such fowl and animals shall conform to all other provisions of law governing same, and no fowl or animals, nor any pen or coop, shall be kept or maintained within fifty feet of any dwelling or other building used for human habitation, or within one hundred feet of the front lot line of the lot upon which it is located, or within one hundred feet of any public park, school, hospital or similar institution. (See Title 6 of this code for more restrictive provisions for specifically named animals and fowl.)
E.
Yard Sales. "Yard sale" shall mean any event where items of personal property owned, utilized, or maintained by the occupants of the premises, other than a licensed commercial business, are to be offered for sale to the general public, including garage, estate and moving sales. Rummage sales by licensed non-profit organizations are not included within this definition.
1.
It is unlawful for any person to conduct, or allow to be conducted, a yard sale in violation of the following regulations:
a.
Yard sales shall only be conducted on properties owned and permitted for residential use;
b.
All items sold at a yard sale must be used goods, wares or merchandise of a household or personal nature, from that household, and not acquired elsewhere for resale;
c.
A yard sale may not be held for more than three consecutive weekend days;
d.
Yard sales may only be conducted on the second weekend of every month with a maximum of four yard sales per calendar year per residentially zoned parcel. For purposes of this section, "weekend" is defined as a consecutive Friday, Saturday and Sunday. Exception: The director of community development may under special circumstances approve yard sales on alternate weekends;
e.
Yard sale activity shall be limited to the hours of eight a.m. to five p.m.;
f.
Yard sale activity shall not be conducted in the public right-of-way including sidewalks, parkways, streets or alleys;
g.
Yard or garage sales advertising signs may not be posted on telephone poles, streetlights, traffic signs, or any other structure in the public right-of-way. Signs may be posted on premises other than those of the sale, only with the written permission of the owner of those premises. Signs may be posted two days prior to the event and shall be removed at the termination of the sale.
2.
Penalty. Violation of this section shall be deemed an infraction, except as provided for herein. The city upon the first offense for failing to comply with the provisions relating to yard sales, shall advise the property owner/resident of the regulations of this section. The city upon the fourth yard sale shall provide a letter to the property owner/resident warning that the next such event will result in violation of this section. For the first violation of this section, the fine shall be one hundred dollars within the calendar year period. For the second violation of this section within the calendar year period, the fine shall be two hundred dollars. The fine for the third and each additional violation of this section within the calendar year period shall be five hundred dollars, or may be prosecuted as a misdemeanor and at the discretion of city authorities. The city, at its discretion, may pursue any and all legal and equitable remedies to enforce the provisions of this chapter. Pursuit of one remedy does not preclude the pursuit of any other remedies.
(Ord. 1719 § 1, 2010; Ord. 1727 § 3, 2011; Ord. 1813 § 1, 2019)
In the R-1A, R-1B, and R-1C zones, the following standards of development shall apply:
A.
Building Height.
1.
Two and one-half stories and not to exceed thirty-five feet.
2.
Accessory Buildings. All detached accessory structures, including, but not limited to, garages, garden and storage sheds, and accessory living quarters, shall not exceed a height of one story or fifteen feet, whichever is less. All accessory buildings shall be architecturally and visibly compatible with the main dwelling unit. This provision shall not apply to structures that comply with the setback requirements for the main dwelling.
3.
No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment; towers, steeples or other structures shall exceed the height limit provided in this title. Radio and television masts, camouflaged wireless communication facilities, flagpoles, chimneys and smokestacks may extend not more than thirty-five feet above the height limit provided in this title; provided, however, that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances.
B.
Front Yard.
1.
There shall be a front yard of not less than that identified in Table 18.24.040.B or twenty-five percent of the depth of the lot, whichever is less, except where lots comprising forty percent of the frontage on one side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten feet, no building hereafter erected or structurally altered shall project beyond the average front yard line established. In determining such front yard depth, buildings located more than thirty-five feet from the front property line or buildings facing a side street on a corner lot shall not be counted.
Table 18.24.040.B | |
|---|---|
Zone | Distance from Front Property Line |
R-1a | 25 feet |
R-1b | 25 feet |
R-1c | 20 feet |
2.
For all buildings or houses fronting on a cul-de-sac, there shall be a minimum setback of fifteen feet from the property line to all parts or portions of such buildings or houses.
3.
Where yards are required in this chapter, they shall be not less in depth or width than the minimum dimension specified for any part, and they shall be at every point open and unobstructed from the ground upward, except as follows:
a.
Cornices, canopies, carports, eaves or other similar architectural features not providing additional floor space within the building may extend into a required front, side or rear yard not to exceed two feet six inches.
b.
Open, unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, may extend into any front, yard not more than six feet; provided, however, that an open work railing not more than thirty inches in height shall be installed or constructed on any such porch, platform or landing place.
4.
The area of the required front yard setback, except for required driveways and walkways, shall be landscaped with evergreen or similar plant and lawn materials and maintained to provide a consistent greenbelt along all residential neighborhoods. At no time shall any portion of the required landscaped front yard setback be used for the parking or storage of any vehicle of any kind or any vehicle parts or similar item except as provided in Section 18.12.050(F) of this title.
C.
Side Yards.
1.
There shall be a side yard on each side of a main building of not less than five feet; provided, that there shall be a side yard along the street side of all corner lots of not less than ten feet. Where a garage is attached to or built into the main building, such garage shall be set back a minimum of twenty feet from the side lot line along the street side of a corner lot when the garage door faces the street.
3.
On a corner lot no detached accessory buildings shall be located at a distance less than ten feet from the side street line. A detached garage shall be located at least twenty feet from the side street line when the garage door faces the street.
D.
Rear Yard.
1.
There shall be a rear yard behind every main building of not less than twenty-five feet or twenty-five percent of the depth of the lot, whichever is less.
3.
A private garage of not to exceed six hundred square feet may be a part of the main building if the garage and the main building have a common wall of not less than five feet in length, or if connected by a roof of not less than five feet in width. Such attached garage may extend into the required rear yard for a distance of not more than fifteen feet.
4.
A private garage may be connected to a single-unit residence with an unenclosed breezeway, and in such cases the garage need not be considered part of the main building for purposes of maintaining the required rear yard.
5.
On through lots, either line separating such lot from a public thoroughfare may be designated by the owner as the front lot line. In such cases, the minimum rear yard shall be the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the minimum rear yard shall conform to the front yard setback for the zone in which the property is located.
6.
A patio roof may extend into a required rear yard setback no more than fifteen feet; provided, however, the patio is unenclosed on no less than two sides. For purposes of this subsection, an enclosure shall be a wall of solid material either transparent or opaque that is higher than three feet.
7.
An addition for habitable purposes to an existing single-unit structure may encroach a maximum of fifteen feet into the required rear yard setback subject to the following provisions:
a.
For the purposes of this chapter, an existing single-unit structure shall be one for which the certificate of occupancy was issued at least one year prior to the approval of any encroachment allowed by this chapter.
b.
Any addition allowed by this chapter shall be deemed by the planning division of the city to be similar to and compatible with the architecture of the existing structure with particular reference to the roof line, the roof covering and the exterior wall surface.
c.
A minimum of one thousand square feet of usable yard area as defined in subsection F of this section.
d.
A minimum setback of ten feet from the rear property line shall be maintained.
E.
Area Requirements.
1.
The minimum lot area shall be not less than identified in Table 18.24.040.E.
Table 18.24.040.E | ||
|---|---|---|
Zone | Minimum Lot Area Per Dwelling Unit | Minimum Ground Floor Area |
R-1a | >10,000 sf per dwelling | >1,500 sf |
R-1b | >7,200 sf per dwelling | >1,200 sf |
R-1c | >5,500 sf per dwelling | >1,000 sf |
Except any lot with less area than herein required and was recorded prior to the passage of this section may be developed with a single-unit dwelling unit and any accessory use permitted by this title. Minimum floor areas shall not include open or enclosed porches, patios or garages.
F.
Usable Yard Area.
1.
For each dwelling unit placed on a lot or parcel there shall be provided one thousand square feet of usable yard area. Such usable yard space shall have no dimension less than fifteen feet, except that not more than fifty percent of the required usable yard area may have a minimum dimension of twelve feet. This area may be provided at any location on the lot except in the required front yard or in a required side yard abutting a street. Such space may be divided into not more than two separate subareas.
2.
Such usable area shall not be used for parking, driveways, automobile turning area or accessory buildings. Maximum gradient for usable yard area shall be five percent.
(Ord. 1719 § 1, 2010; Ord. 1852, 12/4/2023; Ord. 1853, 12/18/2023)
In the R-1a, R-1b, and R-1c zones, the following special development standards shall apply:
C.
Miscellaneous Requirements.
1.
Every dwelling shall be on a lot having a minimum of sixty feet frontage upon a dedicated street, or access to a dedicated street via a private roadway or easement. The minimum frontage onto a private roadway or easement shall be twenty feet. Where a lot has less than sixty feet but more than forty-four feet of frontage as herein required, and recorded prior to the passage of the ordinance codified in this title, the lot may be improved with new, reconstructed and/or additions to single-unit homes.
D.
The director of community development or his/her designee may approve variations from subsections B, C, D, E and F of Section 18.24.040 and subsection A of this section for existing legal nonconforming conditions. The director of community development or his/her designee may approve variations from subsection G of Section 18.24.040 as hereinbefore prescribed; providing further, that there is no building floor increase and that the expense of such rehabilitation of the building does not exceed fifty percent of the fair market value of the building or structure. Administrative consideration of the project is subject to appropriate conditions which may be placed on the property as determined by the director of community development or his/her designee. Any decision may be appealed to the planning commission within ten working days. Any decision of the planning commission may be appealed to the city council within ten working days.
(Ord. 1719 § 1, 2010; Ord. 1748 § 3, 2013; Ord. 1813 § 2019; Ord. 1853, 12/18/2023)
A. "Housing development" "Primary unit" "Unit" "Urban lot split"
Definitions. For purposes of this section, the following definitions shall apply:
shall mean a development with no more than two primary units on a single lot within a single-unit zone that meets the requirements of this section. The two units may consist of two new units or one new unit and one existing unit.
Shall mean a residential unit that is not otherwise classified as an accessory dwelling unit or junior accessory dwelling unit pursuant to California Government Code Section 66313.
shall mean a primary dwelling unit, as well as an accessory dwelling unit or a junior accessory dwelling unit.
Shall have the same meaning as set forth in Section 17.12.070.
B.
Requirements for Ministerial Approval. The city shall ministerially approve a housing development containing no more than two primary units if it meets the following requirements:
1.
Number of Units.
2.
The parcel is not located in any of the following areas and does not fall within any of the following categories:
a.
A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.
b.
A hazardous waste site that is listed pursuant to California Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to California Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
c.
A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.
d.
A special flood hazard area subject to inundation by the one percent annual chance flood (one-hundred-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subsection if either of the following are met:
i.
The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or
ii.
The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program as further spelled out in California Government Code Section 65913.4(a)(6)(G)(ii).
e.
A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.
f.
Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the California Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the California Fish and Game Code).
3.
The housing development does not require demolition or alteration of any of the following types of housing:
a.
Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
b.
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power; or
c.
Housing that has been occupied by a tenant in the last three years.
The application shall provide information regarding the above, signed under penalty of perjury. The application shall indicate that filing false information on an application is a criminal offense.
C.
Approval or Denial of Application. The city shall approve or deny an application within sixty days from the date the city receives a completed application. If the application is denied, the city shall return a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied within the sixty-day time period. Any application not acted upon within this time period shall be deemed approved.
D.
Standards and Requirements. Notwithstanding any other provisions of this code to the contrary, the following requirements shall apply in addition to all other objective standards applicable to the underlying zone:
1.
Setbacks.
a.
No setback shall be required for an existing structure, or a structure constructed in the same location and within the same dimensions as an existing structure.
b.
Except for those circumstances described in subsection D.1.a of this section, the setback for side and rear lot lines shall be four feet.
c.
For landlocked parcels, side yard setback requirements shall apply to all property lines.
2.
The applicant shall provide easements for the provision of public services and facilities as required.
3.
One parking space per unit shall be required on the lot unless the parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by California Public Resources Code Section 21155(b) or a major transit stop as defined in California Public Resources Code Section 21064.3, or there is a car share vehicle located within one block of the parcel.
4.
For units connected to an onsite wastewater treatment system, a percolation test must have been completed within the last five years, or, if the percolation test has been recertified, within the last ten years.
E.
Limitations on City Actions.
1.
The city shall not impose any zoning or design standards that would have the effect of physically precluding the construction of two units on a lot or that would result in a unit size of less than eight hundred square feet.
2.
The city shall not deny an application solely because it proposes adjacent or connected structures, provided that all building code safety standards are met, and they are sufficient to allow a separate conveyance.
F.
Affidavit. An applicant for a two-unit housing development on a lot shall be required to sign an affidavit in a form approved by the city attorney to be recorded against the property stating the following:
G.
Requirements for Denial. The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in California Government Code Section 65589.5(d)(2), upon the public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(Ord. CC 2025-11, 10/20/2025)