This chapter determines which land uses are allowed in each of the residential zoning districts established by Section 21.04.020 (Zoning districts established) of this title, what land use permit is required to establish each use, and the basic development standards that apply to allowed land uses in each district.
(Ord. 1308 § 5, 2000)
The purposes of the individual residential zoning districts
and the manner in which they are applied are as follows:
(1)
R1 (Single-Family Residential) District. The R1 zoning district applies
to parcels appropriate for single-family dwellings. The maximum density
is up to five dwelling units per net acre. The R1 zoning district
is consistent with the low density residential land use designation
of the general plan.
(2)
GH (Garden Homes) District. The GH zoning district applies to parcels
appropriate for detached, single-family dwellings on smaller parcels.
The maximum density is up to 10.8 dwelling units per acre. The GH
zoning district is consistent with the low-medium density residential
land use designation of the general plan.
(3)
R2 (Low Density Multiple Dwelling) District. The R2 zoning district
applies to parcels appropriate for small lot single-family, two-family
and multifamily residential dwelling units. The maximum density is
up to ten dwelling units per net acre. The R2 zoning district is consistent
with the low-medium density residential land use designation of the
general plan.
(4)
R3 (Medium Density Multiple Dwelling) District. The R3 zoning district
applies to parcels appropriate for detached or attached residential
units. The maximum density is fifteen dwelling units per net acre.
The R3 zoning district is consistent with the medium density residential
land use designation of the general plan.
(5)
R4 (High Density Multiple Dwelling) District. The R4 zoning district
applies to areas appropriate for higher intensity, multifamily residential
units. The maximum density is twenty dwelling units per net acre.
The R4 zoning district is consistent with the high density residential
land use designation of the general plan.
(Ord. 1308 § 5, 2000)
Table 2-2 identifies the uses of land allowed by this title in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 21.06.030 (Allowable land uses and permit requirements) of this title.
Note: where the last column in the tables ("Specific
Use Regulations") includes a section number, the regulations in the
referenced section apply to the use; however, provisions in other
sections of this title may also apply.
|
TABLE 2-2
| ||||||
|---|---|---|---|---|---|---|
|
PERMIT REQUIRED BY DISTRICT
| ||||||
|
Allowed Uses and Permit Requirements for Residential Zoning
Districts
|
P
CUP
—
|
Permitted Use
Conditional Use Permit Required
Use Not Allowed
| ||||
|
LAND USE (1)
|
R1
|
GH
|
R2
|
R3
|
R4
|
Specific Use Regulations
|
|
RECREATION, EDUCATION, PUBLIC ASSEMBLY USES
| ||||||
|
Private residential recreational facilities
|
CUP
|
CUP
|
CUP
|
CUP
|
CUP
|
|
|
Assembly uses
|
CUP
|
CUP
|
CUP
|
CUP
|
CUP
|
|
|
Schools - private
|
CUP
|
CUP
|
CUP
|
CUP
|
CUP
|
|
|
RESIDENTIAL USES
| ||||||
|
Accessory dwelling units
|
P
|
P
|
P
|
P
|
P
|
21.08.055
|
|
Affordable housing
|
P
|
P
|
P
|
P
|
P
|
|
|
Cottage food operations
|
P
|
P
|
P
|
P
|
P
|
21.42.065
|
|
Duplexes
|
—
|
P
|
P
|
P
|
P
|
|
|
Home businesses
|
P
|
P
|
P
|
P
|
P
|
|
|
Mobile home parks
|
—
|
—
|
—
|
CUP
|
CUP
|
|
|
Multi-family dwellings
|
—
|
—
|
CUP
|
CUP
|
CUP
|
|
|
Residential accessory uses and structures
|
P
|
P
|
P
|
P
|
P
|
|
|
Residential care home - large
|
CUP
|
CUP
|
CUP
|
CUP
|
CUP
|
|
|
Residential care home - small
|
P
|
P
|
P
|
P
|
P
|
|
|
Single-family dwellings
|
P
|
CUP
|
P
|
—
|
—
|
|
|
Supportive housing
|
P
|
P
|
P
|
P
|
P
|
|
|
Transitional housing
|
P
|
P
|
P
|
P
|
P
|
|
|
SERVICES
| ||||||
|
Adult day care - small
|
P
|
P
|
P
|
P
|
P
|
21.30.020
|
|
Day care - large family day care homes
|
P
|
P
|
P
|
P
|
P
|
21.30.020
|
|
Day care - small family day care homes
|
P
|
P
|
P
|
P
|
P
|
21.30.020
|
|
Child day care centers
|
CUP
|
CUP
|
CUP
|
CUP
|
CUP
|
21.30.020
|
|
Wireless telecommunications facilities(2)
|
Administrative wireless facilities permit(2)
|
—
|
—
|
—
|
—
|
21.28
|
|
Notes:
| |
|---|---|
|
(1)
| |
|
(2)
|
Wireless telecommunication facilities are only allowed on church properties in the R1 zone subject to the requirements of Chapter 21.28. Wireless telecommunications facilities may also be permitted by a conditional use when the planning/building director determines that the project's complexity or the public interest warrants the referral.
|
(Ord. 1308 § 5, 2000; Ord. 1362 § 3, 2004; Ord. 1497 § 3, 2014; Ord. 1510 § 5, 2016; Ord.
1523 § 5, 2017; Ord. 1527 § 5, 2017; Ord. 1589 §
4, 2022)
Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed and/or established in compliance with the requirements in Tables 2-3 and 2-4 in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Chapters 21.16 through 21.30 of this title.
|
TABLE 2-3
| ||
|---|---|---|
|
RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS
| ||
|
Development Feature
|
Requirement by Zoning District
| |
|
R1
|
GH
| |
|
Minimum lot size
|
Minimum area, width, and depth for new parcels
| |
|
Lot area
|
7,200 sq. ft.; 6,000 sq. ft. where authorized as a planned development,
and in Tract No. 569
|
Minimum lot area = 1,800 sq. ft.
|
|
Lot width
|
60 ft.; 65 ft. for corner lots; 50 ft. in Tract No. 569; 45
ft. for cul-de-sac and knuckle lots
|
23 ft.
|
|
Lot depth
|
90 ft.
|
As approved by the commission
|
|
Maximum density (1)
|
5 dwellings per acre
|
10.8 dwellings per acre
|
|
Maximum number of dwelling units per parcel
|
1 unit per parcel. See Section 21.08.055 for accessory dwelling unit standards
| |
|
Setbacks
|
Minimum setbacks required. See Section 21.18.090 for setback measurement, allowed projections into setbacks, and exceptions to required setbacks
| |
|
Front
|
20 ft.
|
As determined by the commission
|
|
Sides (each)
|
5 ft.(2)/10 ft. street side
|
As determined by the commission
|
|
Rear
|
Single story = 10 ft. (3)
|
As determined by the commission
|
|
Two story = 25 ft. or 20% of the average lot depth, whichever
is less (3)
|
As determined by the commission Minimum 320 sq. ft. private
rear yard adjacent to each unit
| |
|
Large through lots (4)
|
Front: 20 ft.
Side: 10 ft.; 15 ft. corner lots
Rear: 25 ft. or 20% of the average lot
depth, whichever is less
|
As determined by the commission
|
|
Height limit (5)
|
30 ft./2 stories
|
30 ft./2 stories
|
|
Ratio of 2nd story building area to 1st story building
|
70%(6), (9)
|
As determined by the planning commission
|
|
Balconies and decks
|
Prohibited in side and rear yards when adjacent to other single-family
homes(10)
|
As determined by the planning commission
|
|
Site coverage
|
60%; 50% on parcels of 10,000 sq. ft. or more
|
30% project building coverage. Maximum 11 units per structure
|
|
Floor area ratio (7),(8)
|
0.55 + 0.08 bonus (subject to Section 21.08.045)
|
0.5 + 0.08 (subject to Section 21.08.045)
|
|
Minimum floor area
|
As required by Table 2-4
| |
|
Landscaping
|
As required by Section 21.20.040 (Landscape area requirements)
| |
|
Parking
|
As required by Chapter 21.22 (Parking and Loading)
| |
|
Attached garages
|
Maximum size: 2-car 450 sq. ft.; 3-car 650 sq. ft. (11)
| |
|
Development Feature
|
Requirement by Zoning District
| ||
|---|---|---|---|
|
R2
|
R3
|
R4
| |
|
Minimum lot size
|
Minimum area and width for parcels proposed in new subdivisions
| ||
|
Lot area
|
7,200 sq. ft.
|
10,000 sq. ft.
| |
|
Lot width
|
60 ft.; 65 ft. for corner lots
| ||
|
Maximum density (1)
|
10.8 units per acre
|
15 units per acre
|
30 units per acre
|
|
Maximum number of dwelling units per parcel
|
1 unit per 3,600 sq. ft. of site area. See Section 21.08.055 for accessory dwelling unit standards.
|
1 unit per 2,904 sq. ft. of site area See Section 21.08.055 for accessory dwelling unit standards.
|
1 unit per 1,452 sq. ft. of site area. See Section 21.08.055 for accessory dwelling unit standards.
|
|
Setbacks required
|
Minimum setbacks required. See Section 21.18.090 for setback measurement, allowed projections into setbacks, and exceptions to required setbacks
| ||
|
Front
|
20 ft.
| ||
|
Sides (each)
|
5 ft.; 10 ft. corner lot
| ||
|
Between residential structures
|
20 ft., plus 5 ft. for second story; 15 ft. between side walls and front or rear of other buildings, plus 2.5 ft. for each additional story. See Section 21.08.050(B)
| ||
|
Second story
|
2-story nonresidential or multi-family structures shall be set
back 25 ft. from an existing single-family development; 3-story or
taller structures shall be set back from single-family residential
a minimum of 100 ft.
| ||
|
Rear
|
25 ft. or 20% lot depth, whichever is less
| ||
|
Height limit (5)
|
28 ft./2 story
35 ft./3 story
| ||
|
Site coverage
|
40%
| ||
|
Minimum floor area
|
As required by Table 2-4
| ||
|
Private open space—Multi-family units
|
100 sq. ft. per unit with no dimension smaller than 10 ft.
| ||
|
Landscaping
|
As required by Chapter 21.20 (Landscaping)
| ||
|
Parking
|
As required by Chapter 21.22 (Parking and Loading)
| ||
|
Notes:
| |
|---|---|
|
(1)
|
Maximum Number of Dwelling Units Allowed per Net Buildable Acre
in a Single-Family Subdivision or Multi-Family Project. The actual
number of units allowed is determined through the subdivision or land
use permit process, as applicable.
|
|
(2)
|
Minimum 5-ft. side yard setback required for second story additions
in zero lot line developments.
|
|
(3)
| |
|
(4)
|
These setbacks apply to parcels that are "through-lots" with
an area greater than 10,000 sq. ft.
|
|
(5)
|
Maximum Allowed Height of Structures. See also Section 21.18.050 (Height measurement and height limit exceptions). No architectural features, windows, etc., above second story eave line.
|
|
(6)
|
Maximum wall height of 10 ft. for first story area used to meet
70% ratio requirement. The square footage of any vaulted ceiling area
above the 10-ft. wall height shall be counted toward the second story
area when calculating the 70% second to first story ratio.
|
|
(7)
|
For R1 purposes only, FAR is to be calculated on living area
only, including living area for second dwelling units. Garage area
is not part of the FAR calculations.
|
|
(8)
|
FARs for new subdivisions of 5 lots or more shall be determined
by the commission.
|
|
(9)
|
The portion of a second story balcony or deck that is covered
by a roofed structure shall be counted toward the 70% ratio.
|
|
(10)
|
Covered balconies, second story decks, and second floor open
courtyards, where more than 50% of the perimeter walls of the covered
balcony, second story deck, or second floor open courtyard are enclosed,
shall count towards the maximum FAR.
|
|
(11)
|
Garages in excess of the maximum size requirements shall have
the additional square footage counted toward the maximum FAR. Ancillary
uses such as workshops, laundry facilities, and storage may be included
in the maximum garage area as long as the primary purpose of the garage,
which is for vehicle storage, is maintained.
|
|
TABLE 2-4
| ||
|---|---|---|
|
MINIMUM RESIDENTIAL FLOOR AREA REQUIREMENTS
| ||
|
Dwelling Size
|
Minimum Area by District
| |
|
R1, GH (1)
|
R2, R3, R4 (2)
| |
|
Studio
|
N/A
|
500
|
|
1 bedroom
|
1,150
|
750
|
|
2 bedrooms
|
1,225
|
950
|
|
3 bedrooms
|
1,400
|
1,150
|
|
Notes:
| |
|---|---|
|
(1)
|
In tract No. 569, an additional 100 sq. ft. per additional bedroom
is required for more than 4 bedrooms.
|
|
(2)
|
For more than 3 bedrooms, an additional 100 sq. ft. per additional
bedroom is required.
|
(Ord. 1308 § 5, 2000; Ord. 1380 § 3, 2006; Ord. 1459 § 4, 2010; Ord. 1461 § 4, 2011; Ord.
1463 § 3, 2011; Ord. 1476 § 6, 2012; Ord. 1514 §
4, 2016; Ord. 1527 § 6, 2017; Ord. 1548 § 4, 2019; Ord. 1573 § 4, 2021)
There are certain architectural and design features that promote
neighborhood compatibility, reduce building massing, and protect privacy
in single-family neighborhoods. When the following specific design
elements are incorporated into the home design, the allowable floor
area ratio may be increased from 0.55 to a maximum of 0.63, provided
a mailed courtesy notice is provided to adjoining owners, unless the
planning/building director determines within ten days of the receipt
of such plans that the plan will adversely affect an adjoining property
due to an unusual design feature. Each design element has a corresponding
FAR bonus, which is cumulatively added to base 0.50 FAR. In no case
may the allowable FAR exceed 0.63.
|
Design Element
|
FAR Bonus
|
|---|---|
|
Second story façade must be set back a minimum of 10
ft. (as measured from the exterior of the wall) directly behind dominant
(meaning longest in linear feet) first story façade. To qualify
for this FAR bonus, the width of the second story façade, that
is set back 10 ft. behind the first story façade, must be more
than ½ the width of the entire house. The second story façade
includes any building area including the exterior wall of the house,
a second story balcony (covered or not), a second story deck (covered
or not), or a second story open courtyard.
|
0.02
|
|
Ratio of second story building area to first story building
area:
decreased to 60%
decreased to 50%
|
0.02
0.03
|
|
Increase required side yard setback by an additional 5 ft. for
both the first and second floor.
|
0.01 per side yard
|
|
Variations of roof lines, building height, and pitches on the
first and second floors, visible from all adjoining streets.
|
0.01
|
(Ord. 1380 § 4, 2006; Ord. 1476 § 4, 2012; Ord. 1548 § 5, 2019; Ord. 1573 § 4, 2021)
(a)
Affordable Housing Density Bonus Incentives.
(1)
Purpose. The purpose of this section is to provide incentives for
the production of affordable housing, senior housing, housing for
transitional foster youth, disabled veterans, or homeless persons,
or construction of a child care facility located on the premises of,
as part of, or adjacent to a qualifying density bonus project in compliance
with State Government Code Section 65915 et seq., regarding density
bonuses and other incentives.
(2)
Qualified Project. To qualify for a density bonus and concessions
or other incentives, the developer of a proposed housing project of
at least five units, must provide housing units affordable to certain
income households, donate land, provide housing units to transitional
foster youth, disabled veterans, or homeless persons, construct a
child day care facility located on the premises of, as part of, or
adjacent to a qualifying density bonus project, or provide qualifying
senior housing pursuant to State Government Code Section 65915 et
seq.
(3)
Application and Review Process.
(A)
Preliminary Application. A developer of a qualified housing project,
senior housing project, housing for transitional foster youth, disabled
veterans, or homeless persons, or construction of a child care facility
located on the premises of, as part of, or adjacent to a qualifying
density bonus project may submit a preliminary application pursuant
to this article prior to the submittal of any formal requests for
approvals for a housing project development.
Within thirty days of receipt of the application, the planning
department shall provide to the applicant the procedures for compliance
with this section, a copy of this section and related policies, the
pertinent sections of the state codes to which reference is made in
this section, and an application.
(B)
Submittal. The completed formal application shall include the following
information.
(i)
A legal description of the total site proposed for development
including a statement of present ownership and present and proposed
zoning.
(ii)
A letter signed by the present owner stating how the project
will comply with California Government Code Section 65915 et seq.,
and stating what is being requested of the city, e.g., density bonus
and specific concessions or incentives.
(iii)
A pro-forma for the proposed project to justify the requested
concession or incentive and to establish the land valuation per dwelling
unit of bonus units. The applicant shall show that any requested waiver
or reduction of a development standard is necessary to make the housing
units economically feasible.
(iv)
A management plan for complying with the maintenance of the
designated units regarding income qualification documentation and
rent or sale price documentation.
(v)
Site plan and supporting plans per the planning application
submittal requirements.
(C)
Review. The review of an application for a density bonus and concession or incentive request shall be processed as a planning application pursuant to Chapter 21.32 of the municipal code. The planning department shall review the application for its conformance with California Government Code Section 65915 et seq., and applicable city codes and make a report to the planning commission. If the application involves a request for direct financial incentives, then any action by the planning commission on the application shall be advisory only, and the city council shall have the authority to make the final decision on the application.
(b)
Accessory Uses and Structures. This section provides standards for accessory uses and structures allowed in the applicable zoning district (see Section 21.08.030, Residential zoning district land uses and permit requirements), subject to the following criteria and standards:
(1)
Relationship of Accessory Use to the Main Use. Accessory uses and
structures shall be incidental to and not alter the residential character
of the site.
(2)
Attached Structures. An attached accessory structure shall:
(A)
Be compatible with, and made structurally a part of the main structure
(e.g., share a common wall with the main structure, rely partially
on the main structure for structural support or be attached to the
main structure);
(B)
Comply with the requirements of this title applicable to the main
structure, including height, lot coverage and setbacks;
(C)
Be compatible with the materials and color of the main structure
whenever feasible.
(3)
Detached Structures.
(A)
The floor area of any one detached accessory structure shall not
exceed forty percent of the required rear yard area. The total floor
area(s) of all detached accessory structures shall not exceed fifty
percent of the required rear yard area;
(B)
A minimum of one thousand square feet shall be maintained as rear
yard open space for single-family detached uses;
(C)
Detached accessory structures shall not exceed a height of six to
ten feet within five feet of a rear or side property line, or a height
of fifteen feet within ten feet of a rear or side property line;
(D)
Detached accessory structures shall be compatible with the materials
and color of the main structure whenever feasible.
(4)
Setback Requirements. Setbacks shall be in compliance with Table
2-5 (Required setbacks—Accessory residential uses and structures)
of this section.
|
TABLE 2-5
| ||
|---|---|---|
|
REQUIRED SETBACKS - ACCESSORY RESIDENTIAL USES AND STRUCTURES
| ||
|
Accessory Structure
|
Type of Setback1, 2
|
Required Setback
|
|
Single-Family Homes
| ||
|
Garage3, gazebo, greenhouse, patio
cover4, storage shed, workshop or similar
accessory structure (more than 120 sq. ft.)
|
Sides and rear
|
5 ft.
|
|
Street side
|
As required for the main structure.
| |
|
Swimming pool, spa, fish pond5, permanently
installed outdoor play equipment
|
Sides and rear
|
5 ft.
|
|
Street side
|
10 ft.
| |
|
Air conditioning equipment, pool and spa equipment
|
Sides
|
3 ft. or 18 in. if located behind main structure
|
|
Street side
|
5 ft.
| |
|
Rear
|
18 in.
| |
|
Multi-Family
| ||
|
Garage, gazebo, greenhouse, patio cover, storage shed, workshop
|
Sides, street side
|
As required for main structure
|
|
Rear
|
As required for main structure
| |
|
Swimming pool, spa, fish pond5, outdoor
play equipment
|
Sides
|
5 ft.
|
|
Street side
|
10 ft.
| |
|
Rear
|
5 ft.
| |
|
Notes:
| |||
|
(1)
|
Where a parcel is situated so that the front, side, or rear
property lines are not readily determinable, required setbacks shall
be established by the planning director.
| ||
|
(2)
|
On reverse corner lots, accessory structures located in the
required rear yard within 25 ft. of the street side property line
shall be set back five ft. from the rear property line.
| ||
|
(3)
|
Garages on corner or reverse corner lots shall not be built
closer than 20 ft. to any street side property line.
| ||
|
(4)
|
For attached patio covers and patio enclosures, the minimum
required setbacks are:
| ||
|
(a)
|
20 ft. from front property line,
| ||
|
(b)
|
5 ft. from side property line,
| ||
|
(c)
|
20% of the lot depth or 25 ft., whichever is less from the rear
property line.
| ||
|
Exception: Patio covers with a width less than 50 percent of
the total lot width may have a 10-ft. minimum rear setback. For detached
patio co-vers and patio enclosures, the minimum required setbacks
are:
| |||
|
(i)
|
20 ft. from front property line;
| ||
|
(ii)
|
10 ft. from house;
| ||
|
(iii)
|
5 ft. from side and rear property lines.
| ||
|
(5)
|
Ponds less than 18 in. in depth shall be allowed within the
front setback area.
| ||
(c)
Multi-Family Uses—Separation Between Buildings and Adjoining Properties. This section provides locational standards for multi-family residential dwellings, in compliance with Chapters 21.04 through 21.14 of this title, which shall be subject to the following standards and criteria:
(1)
Separation Between Facing Front Walls. Opposing front walls of multi-family
residential dwellings shall be separated by a minimum of twenty-five
feet for a one-story structure, measured from the nearest points of
exterior walls, with an additional five feet of separation provided
for every additional one story in height.
(2)
Separation Between Facing Rear Walls. Opposing rear walls of multi-family
residential dwellings shall be separated by a minimum of twenty feet
for a one-story structure, measured from the nearest points of exterior
walls, with an additional five feet of separation provided for every
additional one story in height.
(3)
Separation Between End Walls and Facing Front or Rear Walls. Rear
or front walls facing an end wall of a separate multi-family residential
dwelling shall be separated by a minimum of fifteen feet for a one-story
structure, measured from the nearest points of exterior walls, with
an additional two and one-half feet of separation provided for every
additional one story in height.
(4)
Separation for Obliquely Aligned Structures. To accommodate facing
multi-family residential dwellings which are obliquely aligned, the
distances provided in subsections (a), (b), and (c) of this section
may be decreased by a maximum of five feet at one corner of the subject
facing wall, if increased by a similar or greater distance at the
opposite corner of the facing wall.
(5)
Separation from Single-Family Dwellings.
(A)
Multi-family residential dwellings two stories in height or greater
shall be set back a minimum of one hundred feet from existing single-family
residential uses.
(B)
Multi-family residential parking facilities, single-story structures
and landscaping are allowed within one hundred feet of existing single-family
residential uses.
(d)
Setback Requirements for Specific Structures.
(1)
Detached decks, with or without hand rails, freestanding solar devices, steps, terraces and other site design elements that are placed directly upon the finish grade, and which equal or exceed a height of eighteen inches above the surrounding finish grade at any point, shall conform to the setback requirements identified in Chapters 21.04 through 21.14 of this title for detached accessory structures.
(2)
Swimming Pools, Spas and Hot Tubs.
(A)
Outdoor swimming pools (above-ground or in-ground), spas, hot tubs
and all related equipment shall be located a minimum of five feet
measured from any property line or primary structure to the water
line. Related equipment may be located within eighteen inches of side
and rear property lines when located a minimum of five feet from the
main dwelling and ten feet from a neighbor's dwelling.
(B)
Swimming pools, spas, hot tubs, other similar water features and
all related equipment shall be fenced in compliance with the Uniform
Building Code.
(e)
Single-Story Room Additions/Enclosed Patio Structures. Single-story
room additions, including screened and/or enclosed patio structures,
may be located within a required rear yard in compliance with the
following:
(1)
Minimum distance of ten feet from the rear property line shall be
maintained;
(2)
Width of the room addition shall not exceed fifty percent of the
average lot width;
(3)
Required rear yard area shall be a minimum of one thousand square
feet, including swimming pools, spas, patios, deck and other similar
features;
(4)
Total footprint square footage of the primary structure and the room
addition shall not exceed forty-five percent of the total lot area;
(5)
Architectural style and materials of the room addition, including
roof, shall be compatible with the primary structure.
(f)
Detached Accessory Structures. Detached accessory structures may
be located within a required rear yard provided:
(1)
Minimum distance of ten feet is maintained from the primary structure;
(2)
Minimum distance of five feet is maintained to a side or rear property
line;
(3)
Not located within twenty feet of the rear property line on a through
lot;
(4)
Not located in the required exterior side yard of a back-to-back
corner lot;
(5)
Not to exceed a height of fifteen feet;
(6)
Where a corner lot has a rear to side relationship with a key lot,
a minimum distance equal to the key lot side yard setback shall be
maintained from the rear property line and street of the corner lot.
(g)
Unenclosed Patio Structures. Screened unenclosed patio structures
may be located within a required rear yard provided the following:
(Ord. 1308 § 5, 2000; Ord. 1362 § 4, 2004; Ord. 1432 § 4, 2009; Ord. 1527 § 7, 2017; Ord.
1528 § 4, 2017)
The following objective standards shall apply to accessory dwelling
units:
(a)
Accessory Dwelling Units Constructed Within Existing Structures.
An accessory dwelling unit: (1) located within a proposed or existing
single-family dwelling, including attached garages, storage areas
or similar uses, or an accessory structure; or (2) constructed in
the same location and to the same dimensions as an existing structure
that is converted to an accessory dwelling unit or to a portion of
an accessory dwelling unit; or (3) located within an existing multi-family
structure project shall conform to the following:
(1)
Building Permit. Prior to constructing an accessory dwelling unit
per this subsection, the applicant must apply for and receive approval
of a building permit. The application shall be ministerially considered
and approved, without discretionary review or a hearing, notwithstanding
Government Code Section 65901 or 65906 or regulation of variances
or special use permits, and be in compliance with all requirements
imposed by subsection (a).
(A)
Plan Review. The city shall approve or deny an application to create
or serve an accessory dwelling unit under subsection (a) within sixty
days from the date the city receives a completed building permit application
if there is an existing single-family or multi-family dwelling on
the lot. If the application to create or serve an accessory dwelling
unit is submitted in conjunction with an application to create a new
single-family or multifamily dwelling unit on the lot, the city may
delay approving or denying the application for the accessory dwelling
unit until the city approves or denies the application to create or
serve the new single-family or multi-family dwelling, but the application
to create or serve the accessory dwelling unit shall be considered
without discretionary review or hearing. If the applicant requests
a delay, the sixty-day time period shall be tolled for the period
of the agreed-upon delay. If the city has not approved or denied the
completed application within sixty days, the application shall be
deemed approved.
(B)
Denial. If the permitting agency denies an application for an accessory
dwelling submitted pursuant to subdivision (a)(1)(A), the permitting
agency shall, within the time period of subdivision (a)(1)(A), return
in writing 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 by the applicant. The permitting agency
shall not deny an application for a permit to create an accessory
dwelling unit due to the correction of nonconforming zoning conditions,
building code violations, or unpermitted structures that do not present
a threat to public health and safety and are not affected by the construction
of the accessory dwelling unit.
(2)
Demolition Permit. A demolition permit for a detached garage that
is to be replaced with an accessory dwelling unit shall be reviewed
with the application for the accessory dwelling unit and issued at
the same time. The permit applicant shall not be required to provide
a written notice or posted placard for the demolition of a detached
garage that is to be replaced with an accessory dwelling unit, unless
the property is located within an architecturally and historically
significant historic district.
(3)
Building Code Requirements. Accessory dwelling units shall be constructed
on a permanent foundation and shall be built in compliance with the
California Building Code. Accessory dwelling units shall comply with
local building code requirements that apply to detached dwellings,
except that the construction of an accessory dwelling unit shall not
constitute a Group R occupancy change under the local building code,
as described in Section 310 of the California Building Code (Title
24 of the California Code of Regulations), unless the building official
makes a written finding based on substantial evidence in the record
that the construction of the accessory dwelling unit could have a
specific, adverse impact on public health and safety. Nothing in this
clause shall be interpreted to prevent the city from changing the
occupancy code of a space that was unhabitable space or was only permitted
for nonresidential use and was subsequently converted for residential
use pursuant to this section.
(4)
Areas Allowed. Accessory dwelling unit(s) shall be permitted on a
residentially zoned parcel with one existing or proposed single-family
dwelling and in multi-family projects as noted in subsection (e).
(5)
Number of Accessory Dwelling Units Allowed.
(A)
A parcel with one existing or proposed single-family dwelling shall
contain no more than a total of three dwelling units comprised of
one single-family dwelling, one accessory dwelling unit, and one junior
accessory dwelling unit; or
(B)
A parcel with one existing or proposed single-family dwelling shall
contain no more than a total of four dwelling units if they are comprised
of one single-family dwelling, one internal accessory dwelling unit,
one junior accessory dwelling unit, and one detached new construction
accessory dwelling unit that does not exceed four-foot side and rear
yard setbacks with a maximum unit size of eight hundred square feet
and height limitation of sixteen feet; and
(C)
In multi-family projects as noted in subsection (e).
(6)
Access. The accessory dwelling unit shall provide independent exterior
access from the existing dwelling.
(7)
Cannot Be Sold Separately. The accessory dwelling unit may be rented
separate from the primary residence but may not be sold or otherwise
conveyed separate from the primary residence.
(8)
Passageway. No passageway shall be required in conjunction with the
construction of an accessory dwelling unit.
(9)
Fire Sprinklers. The installation of fire sprinklers shall not be
required in an accessory dwelling unit if sprinklers are not required
for the primary residence.
(10)
Utility Connection. Accessory dwelling units shall not be considered
by the city to be a new residential use for the purposes of calculating
connection fees or capacity charges for utilities, including water
and sewer service. The city shall not require the applicant to install
a new or separate utility connection directly between the accessory
dwelling unit and the utility or impose a related connection fee or
capacity charge for an accessory dwelling unit under subsection (a).
(11)
Parking. No additional parking spaces shall be required.
(12)
Minor Expansion. A minor expansion of not more than one hundred fifty
square feet beyond the same physical dimensions as the existing accessory
structure may be allowed if it is limited to accommodating ingress
and egress, there is exterior access from the proposed or existing
dwelling, and the side and rear setbacks are sufficient for fire safety.
(13)
Rental. If the accessory dwelling unit is available for rent, the
rental of the accessory dwelling unit shall be for a term longer than
thirty days.
(14)
Covenant. A covenant containing restrictions that the accessory dwelling
unit shall not be sold separately from the main dwelling unit and
the rental term of the accessory dwelling unit shall not be less than
thirty days shall be recorded with the county recorder's office. Copies
of the recorded covenant shall be filed with the building department
and the covenant shall run with the land and shall be binding upon
any future owner, heirs, or assigns. Accessory dwelling units created
after January 1, 2025, shall be owner occupied and a covenant containing
this restriction shall also be recorded for accessory dwelling unit's
created after January 1, 2025.
(15)
Nonconforming Zoning Conditions. An existing structure converted to an accessory dwelling unit under this section shall not require the correction of any legal nonconformity that may exist on the property as a requirement of approval. Illegal nonconformities shall be subject to Section 21.56.050 "Unlawful uses and structures."
(16)
Impact Fee. An impact fee for the development of an accessory dwelling
unit may only be imposed for an accessory dwelling unit of seven hundred
fifty square feet or larger and shall be charged proportionately in
relation to the square footage of the primary dwelling unit. For purposes
of this section, "impact fee" has the same meaning as the term "fee"
is defined in subdivision (b) of Section 66000 of the state of California
Government Code, except that it also includes fees specified in Section
66477 of the state of California Government Code. "Impact fee" does
not include any connection fee or capacity charge charged by a local
agency, special district, or water corporation.
(17)
Certificate of Occupancy. The city shall not issue a certificate
of occupancy for an accessory dwelling unit before a certificate of
occupancy has been issued for the primary dwelling.
(18)
Entrances. Entrances serving accessory dwelling units shall not be
constructed facing directly onto, or parallel to, a front or side
yard public street on any building elevation and shall be screened
as to not be visible from the public right-of-way. Staircases for
two-story attached accessory dwelling units shall be internal to the
building and shall count toward the total square footage of the accessory
dwelling unit. A maximum of two entrances may be provided to an accessory
dwelling unit in the form of a front entry door and a door, or sliding
glass door, located off the main living room area. No separate entry
shall be allowed to an individual bedroom.
(b)
New Construction Accessory Dwelling Unit Structures. New accessory
dwelling unit structures constructed: (1) attached to a proposed or
existing single-family dwelling or multi-family dwelling including
attached garages, storage areas or similar uses, or an accessory structure;
or (2) detached from a proposed or existing single-family dwelling
or multi-family dwelling and located on the same lot as the proposed
single-family dwelling or multi-family dwelling, including detached
garages, shall conform to the following:
(1)
Building Permit. Prior to constructing a new accessory dwelling unit
per this subsection, the applicant must apply for and receive approval
of a building permit. The application shall be ministerially considered
and approved, without discretionary review or a hearing, notwithstanding
Government Code Section 65901 or 65906 or regulation of variances
or special use permits, and be in compliance with all requirements
imposed by subsection (b).
(A)
Plan Review. The city shall approve or deny an application to create
or serve an accessory dwelling unit under subsection (b) within sixty
days from the date the city receives a completed building permit application
if there is an existing single-family or multi-family dwelling on
the lot. If the application to create or serve an accessory dwelling
unit is submitted in conjunction with an application to create a new
single-family or multifamily dwelling unit on the lot, the city may
delay approving or denying the application for the accessory dwelling
unit until the city approves or denies the application to create or
serve the new single-family or multi-family dwelling, but the application
to create or serve the accessory dwelling unit shall be considered
without discretionary review or hearing. If the applicant requests
a delay, the sixty-day time period shall be tolled for the period
of the agreed-upon delay. If the city has not approved or denied the
completed application within sixty days, the application shall be
deemed approved.
(B)
Denial. If the permitting agency denies an application for an accessory
dwelling submitted pursuant to subdivision (b)(1)(A), the permitting
agency shall, within the time period of subdivision (b)(1)(A), return
in writing 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 by the applicant. The permitting agency
shall not deny an application for a permit to create an accessory
dwelling unit due to the correction of nonconforming zoning conditions,
building code violations, or unpermitted structures that do not present
a threat to public health and safety and are not affected by the construction
of the accessory dwelling unit.
(2)
Demolition Permit. A demolition permit for a detached garage that
is to be replaced with an accessory dwelling unit shall be reviewed
with the application for the accessory dwelling unit and issued at
the same time. The permit applicant shall not be required to provide
a written notice or posted placard for the demolition of a detached
garage that is to be replaced with an accessory dwelling unit, unless
the property is located within an architecturally and historically
significant historic district.
(3)
Building Code Requirements. Accessory dwelling units shall be constructed
on a permanent foundation and shall be built in compliance with the
California Building Code. Accessory dwelling units shall comply with
local building code requirements that apply to detached dwellings,
except that the construction of an accessory dwelling unit shall not
constitute a Group R occupancy change under the local building code,
as described in Section 310 of the California Building Code (Title
24 of the California Code of Regulations), unless the building official
makes a written finding based on substantial evidence in the record
that the construction of the accessory dwelling unit could have a
specific, adverse impact on public health and safety. Nothing in this
clause shall be interpreted to prevent the city from changing the
occupancy code of a space that was unhabitable space or was only permitted
for nonresidential use and was subsequently converted for residential
use pursuant to this section.
(4)
Areas Allowed. New accessory dwelling unit(s) shall be permitted
on a residentially zoned parcel with one existing or proposed single-family
dwelling and in multi-family projects as noted in subsection (e).
(5)
Number of Accessory Dwelling Units Allowed.
(A)
A parcel with one existing or proposed single-family dwelling shall
contain no more than a total of three dwelling units comprised of
one single-family dwelling, one accessory dwelling unit, and one junior
accessory dwelling unit; or
(B)
A parcel with one existing or proposed single-family dwelling shall
contain no more than a total of four dwelling units if they are comprised
of one single-family dwelling, one internal accessory dwelling unit,
one junior accessory dwelling unit, and one detached new construction
accessory dwelling unit that does not exceed four-foot side and rear
yard setbacks with a maximum unit size of eight hundred square feet
and height limitation of sixteen feet; and
(C)
In multi-family projects as noted in subsection (e).
(6)
Kitchen, Bathroom, and Entrance. The accessory unit shall contain
separate kitchen and bathroom facilities and may have a separate entrance
from the main dwelling. The unit shall have a minimum gross floor
area to accommodate the development of an efficiency unit as defined
in Section 17958.1 of the Health and Safety Code.
(7)
Cannot Be Sold Separately. The accessory dwelling unit may be rented
separate from the primary residence but may not be sold or otherwise
conveyed separate from the primary residence.
(8)
Attached and Detached Accessory Dwelling Units Maximum and Minimum
Unit Size.
(A)
The minimum size of a new accessory dwelling unit shall be two hundred
twenty square feet.
(C)
The maximum size for a new attached accessory dwelling unit shall
be fifty percent of the primary residence.
(D)
The maximum unit sizes outlined in this section for an attached or
detached accessory dwelling unit shall include an existing or proposed
garage space if designated for the accessory dwelling unit.
(9)
Building Separation for Detached Accessory Dwelling Units. A detached
accessory dwelling unit shall be separated from the main dwelling
a minimum of ten feet, must be located in the rear yard of the primary
dwelling, and must be clearly subordinate by location and size.
(10)
Length of Shared Wall for Attached Accessory Dwelling Units. An attached
accessory dwelling unit shall share at least one wall with the main
dwelling. The shared wall shall be at least five feet in length, or
half the width of the accessory dwelling unit, whichever is larger.
(11)
Setbacks. A setback of no more than four feet from the side and rear
lot lines shall be required for a new accessory dwelling unit.
(12)
Passageway and Entrances. No passageway shall be required in conjunction
with the construction of an accessory dwelling unit. Entrances serving
accessory dwelling units shall not be constructed facing directly
onto, or parallel to, a front or side yard public street on any building
elevation and shall be screened as to not be visible from the public
right-of-way. Staircases for two-story attached accessory dwelling
units shall be internal to the building and shall count toward the
total square footage of the accessory dwelling unit. A maximum of
two entrances may be provided to an accessory dwelling unit in the
form of a front entry door and a door, or sliding glass door, located
off the main living room area. No separate entry shall be allowed
to an individual bedroom.
(13)
Development Standards. Both detached and attached accessory dwelling units shall comply with the residential district general development standards for the property found in Table 2-3 of Section 21.08.040 for each zoning district including floor area ratio, landscaping, ratio of second story to first story, balconies and decks, and open space requirements. No development standard regarding a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings, shall apply that would not permit at least an eight hundred square foot, sixteen-foot tall accessory dwelling unit with at least four-foot side and rear setbacks.
(14)
Privacy. Windows of an accessory dwelling unit located within five
feet of property line shall be clerestory or frosted windows.
(15)
Parking. Parking requirements for accessory dwelling units shall be one space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. Off-street parking shall be permitted in setback areas on an existing or expanded driveway or through tandem parking on an existing or expanded driveway as allowed by this code, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Front yard setback landscaping requirements of Chapter 21.20 shall apply. No additional driveway shall be provided on the property to provide parking for an accessory dwelling unit unless the driveway is located on a corner lot subject to review and approval by the public works department. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, those off-street parking spaces shall not be required to be replaced.
(16)
Architectural Compatibility. The accessory dwelling unit must be
architecturally compatible with the existing single-family dwelling
on the lot and match the existing single-family dwelling unit in terms
of exterior color and material, roof material and color, and types
of windows and doors. The garage doors of a garage that has been converted
to an accessory dwelling unit shall be removed and replaced with a
structural wall.
(17)
Height. Attached and detached accessory dwelling units shall be subject
to the following height restrictions:
(A)
A detached accessory dwelling unit on a lot with an existing
single-family or multi-family dwelling unit shall be restricted to
a single-story structure with a maximum height of sixteen feet.
(B)
A detached accessory dwelling unit on a lot with an existing
or proposed single-family or multi-family dwelling unit that is within
one-half of one mile walking distance of a major transit stop or a
highquality transit corridor, as defined in Section 21155 of the Public
Resources Code, shall be restricted to a single-story structure with
a maximum height of eighteen feet. An additional two feet in height
(for a maximum of twenty feet) shall be allowed to accommodate a roof
pitch on the accessory dwelling unit that is aligned with the roof
pitch of the primary dwelling unit.
(C)
A detached accessory dwelling unit on a lot with an existing
or proposed multi-family, multistory dwelling shall be restricted
to a single-story structure with a maximum height of eighteen feet.
(D)
An attached accessory dwelling unit shall be restricted to a
two-story structure with a maximum height of twenty-five feet.
(18)
Attics and Basements. The following standards shall apply to attics
and basements of attached and detached accessory dwelling units:
(A)
An accessory dwelling unit habitable attic, compliant with the
size and height limitations and definition set forth in the California
Building Code, shall count as a story and shall count toward the total
living area size of an accessory dwelling unit. Habitable attics,
as defined in the California Building Code, shall only be allowed
on one-story attached accessory dwelling units that are limited to
two stories total. Non-habitable attics shall be allowed in an attached
or detached accessory dwelling unit for storage purposes only with
no exterior architectural features, windows, etc., from the attic
area.
(B)
An accessory dwelling unit habitable basement, compliant with
the size and height limitations and definition set forth in the California
Building Code, shall not count as a story and shall count toward the
total living area size of an accessory dwelling unit.
(19)
Fire Sprinklers. The installation of fire sprinklers shall not be
required in an accessory dwelling unit if sprinklers are not required
for the primary residence unless otherwise required by the current
California Fire Code or Fountain Valley Municipal Code.
(20)
Utility Connections. An accessory dwelling unit shall not be considered
to be a new residential use for purposes of calculating connection
fees or capacity charges for utilities, including water and sewer
service, unless the accessory dwelling unit was constructed with a
new single-family dwelling. The city may require the applicant to
install a new or separate utility connection directly between the
accessory dwelling unit and the utility. Consistent with California
Government Code Section 66013, the connection may be subject to a
connection fee or capacity charge that shall be proportionate to the
burden of the proposed accessory dwelling unit, based upon either
its square feet or the number of its drainage fixture unit (DFU) values,
as defined in the Uniform Plumbing Code adopted and published by the
International Association of Plumbing and Mechanical Officials, upon
the water or sewer system. This fee or charge shall not exceed the
reasonable cost of providing this service.
(21)
Impact Fee. An impact fee for the development of an accessory dwelling
unit may only be imposed for an accessory dwelling unit of seven hundred
fifty square feet or larger and shall be charged proportionately in
relation to the square footage of the primary dwelling unit. For purposes
of this section, "impact fee" has the same meaning as the term "fee"
is defined in subdivision (b) of Section 66000 of the State of California
Government Code, except that it also includes fees specified in Section
66477 of the State of California Government Code. "Impact fee" does
not include any connection fee or capacity charge charged by a local
agency, special district, or water corporation.
(22)
Rental. If the accessory dwelling unit is available for rent, the
rental of the accessory dwelling unit shall be for a term longer than
thirty days.
(23)
Covenant. A covenant containing restrictions that the accessory dwelling
unit shall not be sold separately from the main dwelling unit, and
the rental term of the accessory dwelling unit shall not be less than
thirty days shall be recorded with the county recorder's office. Copies
of the recorded covenant shall be filed with the building department
and the covenant shall run with the land and shall be binding upon
any future owner, heirs, or assigns. Accessory dwelling units created
after January 1, 2025 shall be owner occupied and a covenant containing
this restriction shall also be recorded for accessory dwelling unit's
created after January 1, 2025.
(24)
Nonconforming Zoning Conditions. An existing structure converted to an accessory dwelling unit under this section shall not require the correction of any legal nonconformity that may exist on the property as a requirement of approval. Illegal nonconformities shall be subject to Section 21.56.050 "Unlawful uses and structures."
(25)
Certificate of Occupancy. The city shall not issue a certificate
of occupancy for an accessory dwelling unit before a certificate of
occupancy has been issued for the primary dwelling.
(c)
Notwithstanding subsection (a) or (b), parking requirements for an accessory dwelling unit will not be imposed in any of the following instances and upon verifiable proof provided by the applicant:
(1)
The accessory dwelling unit is located within one-half mile walking
distance of public transit. For the purposes of this section "public
transit" shall include any bus stop.
(2)
The accessory dwelling unit is located within an architecturally
and historically significant historic district.
(3)
The accessory dwelling unit is part of the proposed or existing primary
residence or an accessory structure.
(4)
When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5)
When there is a designated, fixed pick-up or drop-off location for
a car share vehicle located within one block of the accessory dwelling
unit.
(6)
When a permit application for an accessory dwelling unit is submitted
with a permit application to create a new single-family dwelling or
a new multi-family dwelling on the same lot, provided that the accessory
dwelling unit or the parcel satisfies any other criteria listed in
this subsection (c).
(d)
Junior Accessory Dwelling Units. Junior accessory dwelling units
constructed within the existing or proposed space of a single-family
dwelling shall conform to the following objective standards:
(1)
Building Permit. Prior to constructing a junior accessory dwelling
unit per this subsection, the applicant must apply for a building
permit. The application shall be considered and approved, without
discretionary review or a hearing, notwithstanding Government Code
Section 65901 or 65906 or regulation of variances or special use permits
and be in compliance with all requirements imposed by this subsection
(d).
(A)
Plan Review. The city shall approve or deny an application to create
or serve a junior accessory dwelling unit under this subsection (d)
within sixty days from the date the city receives a completed building
permit application if there is an existing single-family dwelling
on the lot. If the application to create or serve a junior accessory
dwelling unit is submitted in conjunction with an application to create
a new single-family or multifamily dwelling unit on the lot, the city
may delay approving or denying the application for the junior accessory
dwelling unit until the city approves or denies the application to
create or serve the new single-family or multi-family dwelling, but
the application to create or serve the junior accessory dwelling unit
shall be considered without discretionary review or hearing. If the
applicant requests a delay, the sixty-day time period shall be tolled
for the period of the agreed-upon delay. If the city has not approved
or denied the completed application within sixty days, the application
shall be deemed approved.
(B)
Denial. If the permitting agency denies an application for a junior
accessory dwelling submitted pursuant to subdivision (d)(1)(A), the
permitting agency shall, within the time period of subdivision (d)(1)(A),
return in writing 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 by the applicant. The permitting agency
shall not deny an application for a permit to create a junior accessory
dwelling unit due to the correction of nonconforming zoning conditions,
building code violations, or unpermitted structures that do not present
a threat to public health and safety and are not affected by the construction
of the accessory dwelling unit.
(2)
Building Code Requirements. Junior accessory dwelling units shall
be constructed on a permanent foundation and shall be built in compliance
with the California Building Code. Junior accessory dwelling units
shall comply with local building code requirements that apply to detached
dwellings, except that the construction of an accessory dwelling unit
shall not constitute a Group R occupancy change under the local building
code, as described in Section 310 of the California Building Code
(Title 24 of the California Code of Regulations), unless the building
official makes a written finding based on substantial evidence in
the record that the construction of the accessory dwelling unit could
have a specific, adverse impact on public health and safety. Nothing
in this clause shall be interpreted to prevent city from changing
the occupancy code of a space that was unhabitable space or was only
permitted for nonresidential use and was subsequently converted for
residential use pursuant to this section.
(3)
Areas Allowed. Junior accessory dwelling units shall be permitted
in the R1 and GH residential zones subject to compliance with this
subsection (d).
(4)
Number of Junior Accessory Dwelling Units Allowed. Only one junior
accessory dwelling unit shall be allowed in any residential zone in
addition to a single-family dwelling. No junior accessory dwelling
unit shall be permitted on any residential lot already containing
three or more dwelling units.
(5)
Owner-Occupied. The main dwelling or the junior accessory dwelling
unit shall be owner-occupied. Notwithstanding the foregoing, owner-occupancy
shall not be required if the owner is another governmental agency,
land trust, or housing organization.
(6)
Rental. If the junior accessory dwelling unit is available for rent,
the rental of the accessory dwelling unit shall be for a term longer
than thirty days.
(7)
Cannot Be Sold Separately. The junior accessory dwelling unit may
be rented separate from the primary residence, but may not be sold
or otherwise conveyed separate from the primary residence.
(8)
Maximum and Minimum Size. The junior accessory dwelling unit is restricted
to a maximum of five hundred square feet and a minimum size of two
hundred twenty square feet.
(9)
Constructed Within Existing Structures. Junior accessory dwelling
units must be constructed within the walls of the proposed or existing
single-family residence. Enclosed uses within the residence, such
as attached garages, are considered part of the proposed or existing
single-family residence.
(10)
Entrance. A junior accessory dwelling unit must include a separate
entrance from the main entrance to the proposed or existing single-family
residence. If a junior accessory dwelling unit shares a bathroom with
the primary dwelling, the junior accessory dwelling unit must provide
an interior entry to the primary dwelling's main living area independent
of the exterior entrance to the junior accessory dwelling unit and
primary dwelling.
(11)
Efficiency Kitchen. At a minimum, a junior accessory dwelling unit
must include an efficiency kitchen, which shall include a cooking
facility with appliances and a food preparation counter and storage
cabinets that are of reasonable size in relation to the size of the
junior accessory dwelling unit.
(12)
Parking. No additional parking shall be required as a condition to
grant the building permit.
(13)
Fire or Life Protection. A junior accessory dwelling unit shall not
be considered a separate or new dwelling unit for the purpose of any
fire or life protection.
(14)
Utility Connections. For the purposes of providing service for water,
sewer, or power, including a connection fee, a junior accessory dwelling
unit shall not be considered a separate or new dwelling unit.
(15)
Nonconforming Zoning Conditions. An existing structure converted to accommodate a junior accessory dwelling unit under this section shall not require the correction of any legal nonconformity that may exist on the property as a requirement of approval. Illegal nonconformities shall be subject to Section 21.56.050 "Unlawful uses and structures."
(16)
Certificate of Occupancy. The city shall not issue a certificate
of occupancy for an accessory dwelling unit before a certificate of
occupancy has been issued for the primary dwelling.
(17)
Covenant. A covenant containing restrictions below shall be recorded
with the county recorder's office and copies of the recorded covenant
shall be filed with the building department.
(A)
Either the main dwelling or the junior accessory dwelling unit
shall be owner-occupied except if the owner is a governmental agency,
land trust, or housing organization.
(B)
The junior accessory dwelling unit shall not be sold separately
from the main dwelling unit.
(C)
The junior accessory dwelling unit shall be as approved. No
changes to the junior accessory dwelling unit shall occur without
approval of a new building permit.
(D)
The rental term of the accessory dwelling unit shall not be
less than thirty days.
(E)
This covenant shall run with the land and shall be binding upon
any future owners, heirs, or assigns.
(F)
The restrictions shall be binding upon any successor in ownership
of the property and lack of compliance with this provision may result
in legal action against the property owner including revocation of
any right to maintain a junior accessory dwelling unit on the property.
(e)
Special Regulations for Multi-Family and Mixed-Use Accessory Dwelling Units. In addition to the requirements under subsections (a) through (c), accessory dwelling units attached to, or located within existing multi-family dwelling structures, or new construction accessory dwelling units in a multi-family residential or mixed-use zones shall conform to the following:
(1)
At least one accessory dwelling unit shall be allowed within an existing
multi-family dwelling and up to twenty-five percent of the existing
multi-family dwelling units. Multiple accessory dwelling units shall
be allowed within the portions of existing multi-family 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 unit complies with state building standards for dwellings.
(2)
Not more than two accessory dwelling units that are located on a
lot that has an existing multi-family dwelling, but are detached from
that multi-family dwelling and are subject to a height limit of eighteen
feet and four-foot rear yard and side setbacks shall be allowed. An
additional two feet in height shall be allowed to accommodate a roof
pitch on the accessory dwelling unit that is aligned with the roof
pitch of the primary dwelling unit.
(f)
Accessory Dwelling Units Constructed Before January 1, 2018. This
section shall not apply to a building that is deemed substandard pursuant
to Section 17920.3 of the Health and Safety Code.
(1)
Except as provided in subdivision (f)(2), the permitting agency shall
not deny a permit for an unpermitted accessory dwelling unit that
was constructed before January 1, 2018, due to either of the following:
(A)
The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.
(B)
The accessory dwelling unit does not comply with Section 65852.2
or any local ordinance regulating accessory dwelling units.
(2)
Notwithstanding subdivision (f)(1), the permitting agency may deny
a permit for an accessory dwelling unit subject to subdivision (f)(1)
if the permitting agency makes a finding that correcting the violation
is necessary to protect the health and safety of the public or occupants
of the structure.
(g)
"Accessory dwelling unit"
"Accessory structure"
"Efficiency unit"
"Living area"
"Local agency"
"Neighborhood"
"Nonconforming zoning condition"
"Objective standards"
"Passageway"
"Permitting agency"
"Proposed dwelling"
"Public transit"
"Tandem parking"
Definitions. As used in this section,
the following terms mean:
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. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family
or multi-family dwelling is or will be situated. An accessory dwelling
unit also includes the following:
means a structure that is accessory and incidental to a dwelling
located on the same lot.
has the same meaning as defined in Section 17958.1 of the
Health and Safety Code.
means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory
structure.
means a city, county, or city and county, whether general
law or chartered.
has the same meaning as set forth in Section 65589.5.
means a physical improvement on a property that does not
conform with current zoning standards.
means standards that involve no personal or subjective judgment
by a public official and are uniformly verifiable by reference to
an external and uniform benchmark or criterion available and knowable
by both the development applicant or proponent and the public official
prior to submittal.
means a pathway that is unobstructed clear to the sky and
extends from a street to one entrance of the accessory dwelling unit.
means any entity that is involved in the review of a permit
for an accessory dwelling unit or junior accessory dwelling unit and
for which there is no substitute, including, but not limited to, applicable
planning departments, building departments, utilities, and special
districts.
means a dwelling that is the subject of a permit application
and that meets the requirements for permitting.
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.
means that two or more automobiles are parked on a driveway
or in any other location on a lot, lined up behind one another.
(Ord. 1527 § 8, 2017; Ord. 1556 § 2, 2020; Ord. 1558 § 4, 2020; Ord. 1596 § 2, 2022)
(a)
Purpose. It is the policy of the city to provide reasonable accommodation
in the application of its zoning or building laws, policies or procedures
for persons with disabilities seeking fair access to housing under
the Federal Fair Housing Administration Act of 1988 (FHA) and the
California Fair Employment and Housing Act (FEHA).
The purpose of this section is to provide a clear and defined
process for disabled persons to make reasonable accommodation requests
from existing development standards in the city's municipal code.
For the purpose of this chapter, the term "disabled" or "disability"
shall have the same meaning as that term is defined in the Federal
Fair Housing Act (FHA) and the California Fair Employment and Housing
Act (FEHA).
(b)
Application.
(1)
Any disabled person, or his or her representative, may request a
reasonable accommodation in the application of a zoning or building
law, policy or procedure, which may act as a barrier to fair housing
opportunities, by filing a complete application with the planning
department. There shall be no fee imposed in connection with a request
for reasonable accommodation under the provisions of this chapter.
(2)
If the project for which the request is being made also requires
some other approval, permit or entitlement, the applicant shall file
the request together with the application for such approval, permit
or entitlement.
(c)
Required Information. The applicant shall provide the following information
with the application:
(1)
Applicant's name, address, and telephone number;
(2)
Address of the property for which the request is being made;
(3)
The current actual use of the property;
(4)
A description of the accommodation requested including reference
to the development code provision, policy or procedure from which
accommodation is being requested;
(5)
The basis for the claim that the applicant is considered disabled
under the FHA and the FEHA; and
(6)
A detailed explanation of why the accommodation is reasonable and
why the accommodation is necessary to afford the applicant an equal
opportunity to use and enjoy a dwelling in the city. Where appropriate,
the applicant shall include a summary of any potential means and alternatives
considered in evaluating the need for the accommodation;
(7)
Other supportive information deemed necessary by the city to facilitate
proper consideration of the request.
(d)
Notice of Request for Accommodation. Written notice of a request
for reasonable accommodation shall be given as follows:
(1)
In the event that there is no approval sought other than the request
for reasonable accommodation, the notice shall be mailed to the owners
of record of all properties which are immediately adjacent to the
property ("abutting owners") which is the subject of the request.
For the purposes of this chapter only, abutting owners shall include
owners of property that would abut the sub-ject property if the existence
of a street or alleyway were disregarded.
(2)
In the event that the request is being made in conjunction with some
other approval, permit or entitlement, the notice shall be transmitted
along with the notice of the other proceeding.
(e)
Grounds for Accommodation. The following findings shall be analyzed,
made and adopted before any action is taken to approve or deny a request
for reasonable accommodation and must be incorporated into the written
notification relating to such decision:
(1)
Whether the accommodation is reasonable considering the nature of
the applicant's disability, the surrounding land uses, and the rule,
standard, policy, or practice from which relief is sought;
(2)
Whether the accommodation is necessary to afford the applicant equal
opportunity to enjoy and use a specific dwelling in the city;
(3)
Whether the accommodation will have only incidental economic or momentary
benefits to the applicant, and whether the primary purpose of the
accommodation is to assist with real estate speculation or excess
profit making;
(4)
Whether the accommodation will create a substantial adverse impact
on surrounding land uses, or a public nuisance, that cannot be reasonably
mitigated;
(5)
Whether the accommodation is reasonably feasible considering the
physical attributes of the property and structures;
(6)
Whether there are alternative accommodations which may provide an
equal level of benefit to the applicant, while minimizing adverse
impacts on surrounding land uses and lessening the financial and/or
administrative burden of the city;
(7)
Whether the requested accommodation would constitute a fundamental
alteration of the zoning or building laws, polices or procedures of
the city.
(f)
Decision. The city staff shall review each application for reasonable
accommodation and determine whether the application is complete. If
the application is determined to be incomplete, city staff will promptly
give written notice to the applicant of the additional information
necessary to complete the application.
The planning director shall have the authority to consider and
act on requests for reasonable accommodation. The director shall:
(1) approve the accommodation request; (2) approve the accommodation
request subject to specified nondiscriminatory conditions; or (3)
deny the request. A written determination shall be sent to the applicant
by mail with factual findings, conclusions, and reasons for the decision.
All written determinations shall give notice of the right to appeal
and the right to request reasonable accommodation on the appeals process,
if necessary. If no appeal application is submitted within ten calendar
days following the date the determination was rendered, the director's
determination shall be final.
(g)
Appeals. Any applicant dissatisfied with the determination of the director may appeal to the planning commission as specified in the Fountain Valley Municipal Code Section 21.60.040.
Any applicant dissatisfied with the determination of the planning commission may appeal to the city council as specified in Fountain Valley Municipal Code Section 21.60.040.
(h)
Expiration of Grants of Reasonable Accommodation. Any reasonable
accommodation approved in accordance with the terms of this code shall
expire within twelve months from the effective date of approval or
at an alternative time specified as a condition of approval unless:
(1)
A building permit has been issued and construction has commenced;
or
(2)
A certificate of occupancy has been issued; or
(3)
The use is established.
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Any modification granted for an individual with a disability
shall be considered a personal accommodation for the individual applicant
and, at the determination of the decision-maker, shall not run with
the land. Conditions of approval may, where deemed appropriate, provide
for any or all of the following:
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(A)
Inspection of the affected premises periodically, as specified in
the conditions, to verify compliance with this chapter and with any
applicable conditions of approval.
(B)
Prior to any transfer of interest n the premises, notice to the transferee
of the existence of the modification, and the requirement that the
transferee apply for a new modification as necessary. Once such transfer
takes effect, the originally approved modification shall have no further
validity.
(C)
Removal of the improvement, where removal would not constitute an
unreasonable and unfair financial burden, if the need for which the
accommodation was granted no longer exists.
(D)
Time limits and/or expiration of the approval if the need for which
the accommodation was granted no longer exists.
(E)
Other necessary conditions deemed necessary to protect the public
health, safety and welfare.
(i)
Violation of Terms. Any reasonable accommodation approved in accordance
with the terms of this code maybe revoked if any of the conditions
or terms of such reasonable accommodation are violated, or if any
law or ordinance is violated in connection therewith.
(Ord. 1422 § 5, 2008; Ord. 1563 § 4, 2020)
