The General Plan outlines goals and objectives, with regard
to residential uses and development. This chapter is intended to implement
these General Plan goals and objectives through the following purposes:
A.
Facilitate
development in accord with the General Plan with greater flexibility
and encourage more creative community design than under conventional
zoning or subdivision regulations.
B.
Promote
economical and efficient use of the land while providing a harmonious
variety of housing choices, mixed-use development, urban services,
preservation of natural and scenic qualities of open spaces and areas
or structures of historical significance.
C.
Promote
design and construction techniques that are responsive to the environmental
resources of the site, and encourage energy conservation through solar
and other renewable energy sources.
D.
To
promote development compatible with surrounding neighborhoods and
protect neighborhoods from harmful encroachment by intrusive or disruptive
development.
E.
It
is intended that land use shall be managed with respect to location,
timing, and density/intensity of development in order to be consistent
with the capabilities of the City and special districts to provide
services, to create communities where a diverse population may realize
common goals, and to achieve sustainable use of environmental resources
both within and outside of the City.
(Ord. 566 § 3, 2019)
These districts have been created to implement the goals, objectives
and land use designations of the General Plan. In addition, each district
is designed to implement the density limits of each district.
A.
The
HL (Hillside/Limited Residential) district is intended for residential
development in areas that exhibit steep slopes, rugged topography
and limited access. Residential uses are characterized by rural large
estate lots with significant permanent open space area, consistent
with the constraints of slope gradient, soil and geotechnical hazards,
access, availability of public services and other environmental concerns.
B.
The
R-1 (Low Density Residential) district is intended for residential
development characterized by single-family homes on one-half acre
lots or larger which are responsive to the natural terrain and minimize
grading requirements. The intent of this designation is to provide
development of a semi-rural character through the use of varying setbacks
and dwelling unit placement on individual parcels.
C.
Low-Density
Residential (R-1A)—(Two to Four Dwelling Units/Gross Acre).
This designation is intended for residential development characterized
by single-family homes on one-quarter acre lots or larger which provide
a transitional option between the R-2 (6,000 square foot lot) and
the larger R-1 (20,000 square foot lot) zones.
D.
Low-Medium
Density Residential (R-2)—(Two to Five Dwelling Units/Gross
Acre). This designation is intended for residential development characterized
by single-family homes in standard subdivision form. It is normally
expected that the usable pad area within this designation will be
a minimum of 6,000 square feet.
E.
Medium
Density Residential (R-7)—(Seven to 14 Dwelling Units/Gross
Acre). This designation is intended for a wide range of multiple family
residential development types including detached units in a planned
residential development at the lower end of the density range and
attached units at the higher end of the density range. Areas developed
under this designation should exhibit adequate access to streets of
at least collector capacity and be conveniently serviced by neighborhood
commercial and recreational facilities.
F.
Medium
High Density Residential (R-14)—(14 to 22 Dwelling Units/Gross
Acre). This designation is intended for residential development characterized
at the lower end of the density range by multiple family attached
units and at the upper end of the density range by apartment and condominium
buildings. It is intended that this category utilize innovative site
planning, provide on-site recreational amenities and be located in
close proximity to major community facilities, business centers and
streets of at least major capacity.
G.
High
Density Residential (R-22)—(22 to 30 Dwelling Units/Gross Acre).
This designation is intended for residential development characterized
by mid-rise apartment and condominium buildings characteristic of
urban high density development in close proximity to community facilities
and services, public transit services, and major streets. It is intended
that this category utilize innovative site planning and building design
to provide on-site recreational amenities and open space.
H.
Urban
Residential (R-30)—(30 to 36 Dwelling Units/Gross Acre). This
designation is intended for residential development characterized
by mid-rise apartment and condominium development typical of urban
development at higher densities than R-22. This designation is intended
for architecturally designed residential development, up to four stories,
with parking facilities integrated in the building design. Areas developed
under this designation would be located in close proximity to major
community facilities, commercial and business centers and streets
of at least major capacity. Development amenities would include on-site
business centers, fitness and community rooms, and indoor and outdoor
recreation facilities. Site design would implement pedestrian-friendly
design concepts, including separated sidewalks, landscaped parkways,
traffic calming measures, and enhanced access to transit facilities
and services. Measures that reduce energy and water consumption are
required. New development in this zone is required to meet the minimum
density of the zone.
(Ord. 566 § 3, 2019; Ord. 580 § 4, 2020; Ord. 596 § 3, 2021; Ord. 604 § 4, 2022)
Uses listed in Table 13.10.030A shall be allowable in one or more of the residential districts as indicated in the columns beneath each residential district heading. Where indicated with the letter "P," the use shall be a permitted use in that district. Where indicated with the letter "C," the use shall be a conditional use subject to a conditional use permit in that district. Where indicated with the letters "MC," the use shall be a conditional use subject to a minor conditional use permit in that district. Where indicated with a dash "—," or if a use is not specifically listed in Table 13.10.030A and is not subject to the use determination procedure contained in Section 13.04.040, the use shall not be permitted in that district. This section shall not be construed to supersede more restrictive use regulations contained in the conditions, covenants, and restrictions of any property or dwelling units. However, in no case shall uses be permitted beyond those allowable in this section. In the event a given use cannot be categorized in one of the districts by the Director, the use determination procedure outlined in Section 13.04.040 shall be followed.
|
Table 13.10.030A
Use Regulations for Residential Districts
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Use
|
HL
|
R-1
|
R-1A
|
R-2
|
R-7
|
R-14
|
R-22
|
R-30
|
|
A. Residential Uses
|
|
|
|
|
|
|
|
|
|
1. Single-family dwellings
|
P
|
P
|
P
|
P
|
—
|
—
|
—
|
—
|
|
2. Multifamily dwellings (townhomes and detached condominiums)
|
—
|
—
|
—
|
—
|
P
|
P
|
P
|
P
|
|
3. Planned residential developments ("PRD")
|
|
|
|
|
P
|
P
|
|
|
|
4. Mobilehome parks (subject to provisions in Section 13.22.030)
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
—
|
|
5. Day care home, family
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
6. Residential care facility
|
|
|
|
|
|
|
|
|
|
Accessory—6 or less
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Nonaccessory—7 or more
|
—
|
—
|
—
|
C
|
C
|
C
|
C
|
C
|
|
7. Boarding house
|
—
|
—
|
—
|
C
|
C
|
C
|
C
|
C
|
|
8. Congregate care facilities
|
—
|
—
|
—
|
—
|
C
|
C
|
C
|
C
|
|
B. Public and Semipublic Uses
|
|
|
|
|
|
|
|
|
|
1. Biological habitat preserve
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
2. Cemetery
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
—
|
|
3. Church
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
4. Club, lodge, fraternity and sorority
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
—
|
|
5. Convalescent facility
|
—
|
—
|
—
|
—
|
C
|
C
|
C
|
C
|
|
6. Day care center
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
7. Educational facility (private), excluding business and trade
schools and commercial schools
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
8. Dormitory (if accessory to college or school)
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
9. Hospital
|
—
|
—
|
—
|
C
|
C
|
C
|
C
|
—
|
|
10. Mining, only in conjunction with an approved development
or grading project
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
11. Outdoor recreation facility
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
—
|
|
12. Public buildings and facilities
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
13. Public park
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
14. Animal kennels, training schools, and breeding facilities
|
C
|
C
|
C
|
C
|
—
|
—
|
—
|
—
|
|
C. Agricultural Uses (on Lots of Two and One-Half Acres
or More)
|
|
|
|
|
|
|
|
|
|
1. Animal care facility
|
C
|
C
|
C
|
|
|
|
|
|
|
2. Apiary (subject to Section 13.10.030(F))
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
—
|
|
3. Farms for orchards, trees, field crops, truck gardening,
flowering gardening, and other similar enterprises carried on in the
general field of agriculture. Includes accessory retail sale of products
raised on property, excluding retail nursery
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
—
|
|
4. Raising, grazing, breeding, boarding or training of large
or small animals: except concentrated lot feeding and commercial poultry
and rabbit raising enterprises, subject to provisions of Table 13.10.030B
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
—
|
|
5. Wholesale distributor and processing of nursery plant stock
and retail nursery where incidental and contiguous to nursery stock
propagation and/or wholesale distributor. Outdoor storage and display
prohibited except for nursery plant stock
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
—
|
|
6. Stable, commercial
|
C
|
C
|
|
|
|
|
|
|
|
D. Accessory Uses in Conjunction With a Permitted Principal
Use on the Same Site
|
|
|
|
|
|
|
|
|
|
1. Animal keeping, accessory to a permitted use (Section 13.10.030(F)(2))
|
|
|
|
|
|
|
|
|
|
a. Dogs and cats over four months old (not exceeding
four cats and/or dogs combined)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
b. Exotic or wild animals
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
—
|
|
c. Other pets (pursuant to Table 13.10.030B)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
2. Antenna (pursuant to Section 13.34.070)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
3. Accessory structure (see special requirements per Section 13.10.050)
|
|
|
|
|
|
|
|
|
|
a. Multifamily residential
|
—
|
—
|
—
|
—
|
P
|
P
|
P
|
P
|
|
b. Single-family residential
|
|
|
|
|
|
|
|
|
|
i. Maximum 50% of living area of primary residence
|
P
|
P
|
P
|
P
|
P
|
C
|
C
|
—
|
|
ii. Greater than 50% of living area of primary residence
|
MC
|
MC
|
MC
|
MC
|
MC
|
MC
|
MC
|
—
|
|
4. Historic structures, uses in
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
5. Home occupation (see Section 13.06.060)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
6. Other accessory uses, as determined by the Director
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
7. Private garage
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
8. Private swimming pool, tennis court and similar recreation
facilities
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
9. Accessory dwelling unit and junior accessory dwelling unit (subject to Section 13.10.045)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
10. Stable, private (subject to Section 13.10.030(F))
|
P
|
P
|
P
|
|
|
|
|
|
|
E. Temporary Uses
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
2. Temporary trailers for use in conjunction with institutional
and agricultural uses for a specified interim period
|
MC
|
MC
|
MC
|
MC
|
MC
|
MC
|
MC
|
MC
|
F.
Special Use Regulations.
1.
Agricultural
Uses. Prior to development, the following agricultural uses are either
permitted on lots of two and one-half acres or more:
a.
Permitted Uses.
i.
Apiary. Provided that all hives or boxes housing bees shall be placed
at least 400 feet from any street, road or highway, any public school,
park, property boundary or from any dwelling or place of human habitation
other than that occupied by the owner or caretaker of the apiary.
Additionally, a water source shall be provided on-site.
ii.
Retail sale of products raised on property excluding retail nursery
and sale of animals for commercial purposes.
2.
Animal
Keeping. Keeping of animals accessory to residential use shall be
limited as follows and as specified in Table 13.10.030B:
a.
Young born to permitted animals may be kept until weaned. Small animals
may be kept up to four months. Large animals may be kept up to six
months. Horses may be kept up to 12 months.
b.
Temporary keeping of small animals in conjunction with 4-H programs,
etc., for a period not to exceed six months is allowed. Such animals
may be kept for up to one year with the written approval of adjacent
property owners and proof of enrollment in a 4-H program.
c.
Animal keeping shall be subject to the requirements set forth in
Table 13.10.030B.
3.
Chicken Keeping. Keeping of chickens accessory to a residential use shall be subject to Table 13.10.030B to determine the maximum number of chickens allowed, roosters excluded. The authority granted by this subsection and Table 13.10.030B to allow the keeping of chickens in single-family residential zones shall not apply where restrictions on the keeping of chickens exist by lease or restrictive covenants. Chicken keeping is subject to the following requirements and any failure to comply with the following requirements constitutes a public nuisance pursuant to Section 1.10.030:
a.
Full Containment. Chickens shall be kept at all times in fully enclosed
and covered enclosures, pens or cages so as to keep them from leaving
the chicken keeper's property. Chickens shall not be permitted to
run at large on the chicken keeper's property.
b.
Protection. Chicken enclosures shall be constructed with rodent-proof
and hawk-proof hardwire installed a minimum of 18 inches below grade
to avoid entry by digging rodents.
c.
Construction Materials. Coops or henhouses shall provide all-weather
shelter with tops or ceilings, be constructed with durable weather-resistant
materials such as treated painted wood, and be placed within hardwire
enclosures.
d.
Location of Coops and Enclosures. Coops and enclosures shall only
be permitted in the rear yard, subject to minimum distance setbacks
from property lines. In the R-2 zone the minimum setback shall be
15 feet from the rear and side lot lines; in the HL, R-1 and R-1A
zones the minimum setback shall be 20 feet from the rear and side
lot lines.
e.
Food Storage. Grain or cereal food intended for chicken-feeding shall
be kept in durable rodent-proof containers with tightly fitting covers.
f.
Sanitary Conditions. All chicken enclosures and coops shall be maintained
in a clean, sanitary condition, free from offensive odors at all times.
Evidence of unsanitary conditions includes, but is not limited to,
numerous flies, fly larvae in the vicinity of the chickens or on the
property, an accumulation of debris, refuse or manure, offensive odors
and rat droppings. An odor is offensive if it can be detected at the
adjoining property line.
g.
Refuse Control. All refuse and manure and any material conducive
to the breeding of flies, or which would create any offensive odor,
that is removed from the chicken coop and enclosure shall be placed
in suitable tight containers or bags until entirely removed from the
premises or turned under the soil surface where such materials are
used as fertilizer.
h.
Disposal. All dead chickens shall be removed from the property or buried within 24 hours of death at a depth of at least three feet underground. Pending disposal, the chicken(s) shall be stored in fly-tight, air-tight containers or bags. The illegal disposal constitutes a public nuisance pursuant to Section 9.02.200.
i.
Breeding. The breeding of chickens is prohibited.
j.
Slaughter. Commercial slaughtering processes are prohibited.
|
Table 13.10.030B
Animal Regulations in Residential Districts
| |
|---|---|
|
Type of Animal
|
Allowable Residential District
|
|
1. Horses, mules, donkeys or poniesb
|
HL, R-1
|
|
2. Large animals other than horses, ponies, mules, or donkeysb
|
HL, R-1
|
|
3. Small animalsb such as a miniature
potbelly pig, a goat, or a lamb
|
HL, R-1, R-1A, R-2
|
|
4. Fowl includes chickens, hens, turkeys, geese, or game birds
(roosters prohibited)c
|
HL, R-1, R-1A, R-2
|
|
5. Household pets such as a dog, cat, parakeet, tropical fish,
hamster, or other similar domesticated animal
|
ALL
|
|
6. Rodentsd such as a rabbit or chinchilla
|
ALL
|
|
7. Exotic or wild animalsa such as
a reptile, fox, or raccoon
|
ALL
|
|
Notes:
| |
|---|---|
|
a
|
As established by minor conditional use permit review.
|
|
b
|
Maximum of one animal per every 10,000 square feet of site area.
|
|
c
|
Maximum of one animal per every 2,000 square feet of site area.
|
|
d
|
Maximum of one animal per every 1,000 square feet of site area.
More may be permitted subject to approval of a minor conditional use
permit.
|
4.
Home Occupations. The uses of a residence for business purposes shall be permitted subject to issuance of a business license (see Section 13.06.060).
5.
Manufactured
Homes.
a.
One manufactured home is permitted on a lot in a single-family residential
district subject to the following requirements:
i.
It is a manufactured home that was constructed on and after June
15, 1976, and was issued an insignia of approval by the California
Department of Housing and Community Development or a manufactured
home that has been certified under the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401
et seq.).
ii.
Has not been altered in violation of applicable codes.
iii.
It is occupied only as a single detached residential dwelling.
iv.
Is subject to all provisions of this title applicable to residential
structures.
v.
Is attached to a permanent foundation system in compliance with the
provisions of Section 18551 of the Health and Safety Code. The permanent
foundation shall be pitset with perimeter stem walls.
vi.
Is covered with an exterior material customarily used on conventional
dwellings. The exterior covering material shall extend to the ground,
except that when a solid concrete or masonry perimeter foundation
is used, the exterior covering material need not extend below the
top of the foundation.
vii.
Has a roof with a pitch of not less than two-inch vertical rise
for each 12 inches of horizontal run and consisting of shingles or
other material customarily used for conventional dwellings.
viii.
Has a roof overhang of not less than one foot measured from
the vertical side of the manufactured home. When carports, garages,
porches, or similar structures are attached as an integral part of
the manufactured home, no eave is required where the accessory structure
is attached to the manufactured home.
ix.
Prior to installation of a manufactured home on a permanent foundation
system, the manufactured home owner or a licensed contractor shall
obtain a building permit from the Department. To obtain such a permit,
the owner or contractor shall comply with all requirements of Section
18551(a) of the Health and Safety Code.
x.
The owner shall comply with the regulations established pursuant
to Section 18551(b) of the Health and Safety Code for the cancellation
of registration of a manufactured home. The owner shall also comply
with the provisions of Section 18550(b) of the Health and Safety Code.
xi.
The Director shall determine that the proposed project is in compliance
with all applicable requirements and conditions prior to issuing final
approval for occupancy.
xii.
Unless otherwise specified, no modification may be granted from
these requirements or from the requirements specified in Title 25
of the California Code of Regulations, which are not subject to local
modification.
b.
This subsection (F)(5) does not apply to a manufactured home, as defined in Section 18007 of the California Health and Safety Code, that is approved by the City as an accessory dwelling unit in accordance with Section 13.10.045 of the Santee Municipal Code. Such accessory dwelling units shall instead be subject to the regulations provided in Section 13.10.045.
6.
Outdoor
Uses. All uses shall be conducted completely within an enclosed building.
The following uses may be permitted to operate outdoors, within their
respective districts and subject to any required reviews and permits
(Table 13.10.030A):
7.
Congregate
Care Facility Amenities. All new congregate care facilities shall
provide adequate amenities, that may include, and not be limited to,
swimming pools, fitness centers, spas, card rooms, billiards/game
rooms, music rooms, reading rooms, internet lounges, etc. to the satisfaction
of the Director.
8.
Single
Room Occupancy (SRO) Dwellings. Single room occupancy dwellings are
allowed in multiple-family residential zones. SRO dwellings are subject
to all municipal code and other standards applicable to any new multiple-family
residential building, including, but not limited to, density, height,
setback, on-site parking, lot coverage, development review, compliance
with the California Building Code, building fees, charges and other
requirements generally applicable to a proposed multiple-family development
in the zone district in which a property is located.
9.
Limited
and General Group Care Facilities. Limited group care facilities are
allowed in residential zones, subject to applicable sections of the
Health and Safety Code. General group care facilities are subject
to approval of a conditional use permit, to include a review of hours
of operation, security, loading requirements, and site management.
All group care facilities shall be subject to regulations that apply
to other residential dwellings of the same type in the same zoning,
pursuant to Government Code Section 65589.5.
10.
Transitional and Supportive Housing. This housing, as defined in Section 13.04.140, is allowed in residential zones pursuant to Government Code Section 65583(a)(5), and is subject to regulations that apply to other residential dwellings of the same type in the same zone.
11.
Agricultural Employee Housing. This housing, as defined in Section 13.04.140, is allowed in residential districts pursuant to Health and Safety Code Sections 17021.5 and 17021.6 and is subject to regulations that apply to other residential dwellings of the same type in the same zone.
(Ord. 566 § 3, 2019; Ord. 568 § 3, 2019; Ord. 572 §§ 3, 4, 2020; Ord. 596 § 3, 2021; Ord. 599 § 2, 2022; Ord.
611 § 2, 2023)
A.
The
site development criteria are intended to provide minimum standards
for residential development. This section shall not be construed to
supersede more restrictive site development standards contained in
the conditions, covenants and restrictions of any property or dwelling
unit. However, in no cases shall private deed restrictions permit
a lesser standard in the case of a minimum standard of this section
or permit a greater standard in the case of a maximum standard of
this section.
|
Table 13.10.040A
Basic Development Standards—Residential
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
|
HL
|
R-1
|
R-1A
|
R-2
|
R-7
|
R-14
|
R-22
|
R-30
|
|
1. Minimum Net Lot Area (in square feet)
|
Avg. 40,000
Min. 30,000
|
Avg. 20,000
Min. 15,000
|
Avg. 10,000
Min. 8,000
|
6,000
|
none
|
none
|
none
|
none
|
|
2. Density Ranges (in du/gross acre)
|
0-1
|
1-2
|
2-4
|
2-5
|
7-14
|
14-22
|
22-30
|
30-36
|
|
3. Minimum Lot Dimensions (width/depth) (feet)
|
1501/150
|
1001/100
|
801/100
|
601/90
|
none
|
none
|
none
|
none
|
|
4. Minimum Flag Lot Frontage
|
20 feet
|
20 feet
|
20 feet
|
20 feet
|
36 feet
|
36 feet
|
36 feet
|
36 feet
|
|
5. Maximum Lot Coverage
|
25%
|
30%
|
35%
|
40%
|
55%
|
60%
|
70%
|
75%
|
|
6. Minimum Setbacks (in feet)
|
|
|
|
|
|
|
|
|
|
Front5, 6
|
30
|
20
|
20
|
20
|
20
|
10
|
10
|
10
|
|
Exterior side yard
|
15
|
15
|
15
|
10
|
10
|
10
|
10
|
10
|
|
Interior side yard
|
10
|
10
|
8
|
5
|
10
|
10
|
10
|
10 or 152
|
|
Rear
|
25
|
20
|
20
|
15
|
10
|
10
|
10
|
10 or 152
|
|
7. Maximum Height (in feet)
|
35 (two stories)
|
35 (two stories)
|
35 (two stories)
|
35 (two stories)
|
35 (three stories)
|
45 (four stories)
|
55 (five stories)
|
55 (five stories)
|
|
8. Private Open Space (in sq. ft. per unit)
|
—
|
—
|
—
|
—
|
100
|
100
|
60
|
60
|
|
9. Common Open Space (sq. ft. per unit)3, 4
|
—
|
—
|
—
|
—
|
150
|
150
|
100
|
100
|
|
Notes:
| |
|---|---|
|
1
|
For lots located on cul-de-sacs and 90-degree radius turn streets
(knuckles), the minimum lot frontage shall be 60% of the above minimum
lot width, measured at the front property line. All lots on cul-de-sacs
and knuckles must meet the minimum lot width for the zoning district,
as identified in the table above, at a distance from the property
line equal to 50% of the minimum lot depth.
|
|
2
|
15 feet when abutting a Single-family Residential Zone and buildings
exceed 35 feet (two stories).
|
|
3
|
A minimum of 50% of the required common open space must be consolidated in one area with a minimum dimension (width and length) of 20 feet; however, a minimum of 500 sq. ft. of common open space in one area with a minimum dimension (width and length) of 20 feet must be provided. Refer to Section 13.10.040(F) for recreational amenities.
|
|
4
|
Refer to Section 13.30.020(K) for senior housing usable open space.
|
|
5
|
Refer to Section 13.10.040(D) for front setbacks along mobility element streets.
|
|
6
|
Refer to Section 13.10.050 for variable front yard provisions.
|
B.
Ultimate
Density. The ultimate density allowed in any residential district
shall be determined through the review process and public hearing
process as described in this code. The Director or the Planning Commission
shall have the authority to reasonably condition any residential development
to ensure proper transition and compatibility to adjacent residential
developments, existing or proposed.
C.
Basic
Development Standards. Table 13.10.040A sets forth minimum development
standards for residential development projects.
D.
Front
Setbacks Along Mobility Element Streets. It is the intent of this
section to create streetscape standards for building and parking setbacks
that help to identify the function of streets and to improve the scenic
quality and compatibility of residential development within the community.
The following table, Table 13.10.040B sets forth the minimum setbacks
based upon the street classification in the mobility element of the
General Plan. These setbacks shall be required for all new residential
development projects located on major arterials, prime arterials or
collector streets, which entail new construction on undeveloped property.
Building additions subsequently done by property owners in single-family
residential districts will be allowed to standard setbacks.
|
Table 13.10.040B
Front Setbacks1 Along Mobility Element
Streets
| ||
|---|---|---|
|
Feature
|
Building
|
Parking
|
|
1. Detached SFR
|
|
|
|
a. Major/Prime Arterials
|
35 ft.
|
102 ft.
|
|
b. Collector Street
|
25 ft.
|
102 ft.
|
|
2. Attached SFR and MFR
|
|
|
|
a. Major/Prime Arterials
|
25 ft.
|
10 ft.
|
|
b. Collector Street
|
20 ft.
|
10 ft.
|
|
Notes:
| |
|---|---|
|
1
|
Setbacks contained in Table 13.10.040B shall be measured from
the ultimate right-of-way location.
|
|
2
|
For parking other than that provided by private driveways.
|
E.
Planned
Residential Developments. Planned Residential Developments are created
by approval of a tentative map or tentative parcel map and are subject
to all development requirements of the applicable zone, except as
modified in Table 13.10.040E.
|
Table 13.10.040E
Development Standards for Residential Lots Within a Planned
Residential Development
| ||
|---|---|---|
|
|
R-7
|
R-14
|
|
1. Minimum Net Lot Area1 (in square
feet)
|
none
|
none
|
|
2. Minimum Lot Dimensions (width/depth) (feet)
|
none
|
none
|
|
3. Maximum Lot Coverage
|
55%
|
60%
|
|
4. Minimum Setbacks2 (in feet)
|
|
|
|
Front3
|
10
|
10
|
|
Exterior side yard
|
5
|
5
|
|
Interior side yard
|
5
|
5
|
|
Rear
|
10
|
10
|
|
Notes:
| |
|---|---|
|
1
|
Flag lots are prohibited within a planned residential development.
|
|
2
|
For new PRDs, a minimum 10-foot building setback shall apply
along all property lines.
|
|
3
|
The driveway for each required garage shall be a minimum of
20-feet long.
|
F.
Recreation
Area/Facility. For all development within the R-7, R-14, R-22 and
R-30 districts, the developer shall provide recreational amenities
in conjunction with common open space, such as, but not limited to,
swimming pools and spas, and court facilities (e.g., tennis, basketball,
volleyball). In addition, enclosed tot lot facilities with play equipment,
and large open lawn areas are required. All recreation areas or facilities
required by this section shall be maintained by private homeowners'
associations or private assessment districts.
G.
Building
Separation. Main buildings must maintain a minimum separation of 10
feet from each other. Accessory dwelling units must maintain a minimum
separation of six feet from main buildings. Accessory structures must
maintain a minimum separation of five feet from all structures.
H.
Storage
Space. In the R-7, R-14, and R-22 districts, a minimum of 150 cubic
feet of lockable enclosed storage per unit shall be provided in an
easily accessible location for all residents (garages, carports, private
patios). Storage area shall be in addition to any minimum size requirements
for garages, carports, private patios or other areas. Substitutions
meeting the intent of this requirement may be approved. In the R-30
district, development projects shall provide a minimum of 200 cubic
feet of lockable enclosed storage space for residents which may be
located in common areas.
I.
Trash
Enclosures and Trash Bins. Trash enclosures or individual trash bins
must be provided for all developments.
1.
When trash enclosures are provided, a minimum of two must be provided on-site when dumpsters and commercial waste disposal are to be provided for the development. Additional trash enclosures shall be provided as needed to meet the requirements of Chapter 9.06 and Chapter 13.36 of the City of Santee Municipal Code. The enclosures shall be designed to the satisfaction of the Director and shall include:
a.
A minimum six-foot high solid decorative masonry wall with a solid
roof and solid metal gate painted to match the on-site buildings.
The enclosures shall prevent rainfall from entering the enclosure
and prevent wind dispersal as well as offsite transport of trash and
recycling.
b.
All dumpsters shall have an attached waterproof cover that shall
be kept closed at all times.
c.
All gaps between walls and roof of the enclosure must be screened
with a 5 mm gauge.
d.
The trash enclosures shall be properly sized to include all containers
for trash, recyclable organic waste, and renderings and shall be easily
accessible, shall not be located within any required setback or landscape
area and shall not block any required parking area or driveway.
2.
When
individual trash bins are provided, an additional 10 square feet of
storage area shall be provided in addition to the required garage
space for each unit. Curbside trash collection for individual units
is an acceptable alternative when access to receptacles is adequate,
subject to the satisfaction of the Director.
3.
All developments must also comply with the current stormwater requirements in Section 9.06.250(C)(1) and Section 9.06.220(B)(2).
J.
Energy
Conservation. This section sets forth requirements for energy conservation
features.
1.
All
appliances and fixtures shall be energy conserving (e.g., reduced
consumption showerheads, water conserving toilets, etc.). The requirements
for the energy efficiency of buildings are set forth in the current
California Energy Code for Climate Zone 10 in which the City is located.
2.
All
new residential units, including accessory dwelling units, shall meet
or exceed California Green Building Standards Tier 2 Voluntary Measures.
K.
Photovoltaic
Solar. This section sets forth provisions for solar access and systems.
The provisions of this section shall apply to all residential districts.
1.
Photovoltaic
Access.
a.
All new residential development projects, except condominium conversions,
shall provide for future passive or natural heating or cooling opportunities.
i.
Consideration shall be given to lot size and configuration, orientation
of a structure in an east-west alignment for southern exposure, lot
size and configuration permitting orientation of a structure to take
advantage of shade or prevailing breezes, topography, and other design
and improvement requirements or constraints.
ii.
Consideration shall be given to provide the long axis of the majority
of individual lots within 22.5 degrees east or west of true south
for adequate exposure for solar energy systems.
b.
The location of a roof mounted solar collector is required to comply
with building and fire regulations. A ground mounted solar collector
is required to comply with the height and set-back requirements in
this section.
c.
All dwelling units within subdivisions shall have a minimum of 100
square feet of solar access for each dwelling unit.
2.
Photovoltaic
(PV) System. PV systems shall utilize high-efficiency equipment and
fixtures consistent with the current Green Building Code and California
Code of Regulations, Title 24 energy conservation standards.
a.
A new single-family home and a detached accessory dwelling unit shall
include at least a two kilowatt (kW) PV system.
b.
Multifamily residential units shall each include at least a one kW
PV system.
c.
A solar feasibility study, prepared by a qualified solar consultant
shall be submitted to the Department of Development Services if the
installation is infeasible due to poor solar resources.
L.
Equipment
Screening. Any equipment, whether on the roof, side of building, or
ground, shall be screened. The method of screening shall be architecturally
integrated in terms of material, color, shape and size. The screening
design shall blend with the building design. Where individual equipment
is provided, a continuous screen is desirable.
M.
Additional
Criteria for Multiple-Family Residential Developments.
1.
Site Buildings to Avoid Crowding. Where multiple buildings are proposed, the minimum building separation shall be 10 feet in accordance with Section 13.10.040(G).
2.
Site and Design Buildings to Avoid Repetitions of Building or Roof Lines. This may be achieved through: variation in building setback; wall plane offsets; use of different colors and materials on exterior elevations for visual relief; and architectural projections above maximum permitted height in accordance with Section 13.10.050(C).
3.
In
the urban residential (R-30) zone, for each five-foot increase in
building height over 45 feet, the wall plane shall be stepped back
an additional five feet.
4.
Where
adjacent to a single-family residential zone, design buildings to
ensure a transition in scale, form, and height with adjacent residential
properties. Setbacks are required in accordance with Table 13.10.040A.
Designs may incorporate elements such as building massing and orientation,
location of windows, building story stepbacks, building materials,
deep roof overhangs, and other architectural features that serve to
further transition the scale.
5.
Projects shall be designed so that assigned parking spaces are located as close as practicable to the dwelling units they serve. Refer to Section 13.24.030(B) for additional parking standards.
6.
The
visual impact of surface parking areas adjacent to public streets
shall be minimized through the use of mounded or dense landscape strips
or low decorative masonry or stucco walls no more than three and one-half
feet in height. Parking areas shall be treated with decorative surface
elements to identify pedestrian paths, nodes and driveways.
7.
In
accordance with the "Crime Prevention through Environmental Design"
program, site and building design shall incorporate at a minimum,
the following additional elements:
a.
Access control by defining entrances to the site, buildings and parking
areas with landscaping, architectural design, lighting, and symbolic
gateways; dead-end spaces shall be blocked with fences or gates or
otherwise prohibited.
b.
Natural surveillance by designing buildings and parking structures
so that exterior entrances/exits are visible from the street or by
neighbors, and are well lit; windows shall be installed on all building
elevations; recreation areas, elevators and stairwells shall be clearly
visible from as many of the units' windows and doors as possible;
playgrounds shall be clearly visible from units and not located next
to parking lots or streets.
c.
Territorial reinforcement by defining property lines with landscaping
and decorative fencing; individually locking mailboxes shall be located
next to the appropriate units and common mailbox facilities shall
be well lit. All buildings shall be clearly addressed and visible
from the adjoining street(s).
d.
Architecturally designed wayfinding signs shall be installed on the
premises.
e.
Maintenance of the site and common areas by regular pruning of trees
and shrubs back from windows, doors and walkways; exterior lighting
shall be used and maintained and inappropriate outdoor storage shall
be prohibited.
(Ord. 566 § 3, 2019; Ord. 591 § 2, 2021; Ord. 599 § 2, 2022; Ord. 604 § 4, 2022; Ord.
611 § 1, 2023)
A.
Purpose.
The purpose of this section is to allow and appropriately regulate
two-unit projects in accordance with Government Code Section 65852.21.
B.
Definition.
A "two-unit project" means the development of two primary dwelling
units or, if there is already a primary dwelling unit on the lot,
the development of a second primary dwelling unit on a legally subdivided
lot in accordance with the requirements of this section.
C.
Application.
1.
Only
individual property owners may apply for a two-unit project. "Individual
property owner" means a natural person holding fee title individually
or jointly in the person's own name or a beneficiary of a trust that
holds fee title. "Individual property owner" does not include any
corporation or corporate person of any kind (partnership, LP, LLC,
C corp, S corp, etc.) except for a community land trust (as defined
by Rev. & Tax Code Section 402.1(a)(11)(C)(ii)) or a qualified
nonprofit corporation (as defined by Section 214.15).
2.
An
application for a two-unit project must be submitted on the City's
approved form.
3.
The
applicant must obtain a certificate of compliance with the Subdivision
Map Act for the lot and provide the certificate with the application.
4.
Only
a complete application will be considered. The City will inform the
applicant in writing of any incompleteness within 30 days after the
application is submitted.
5.
The
City may establish a fee to recover its costs for adopting, implementing,
and enforcing this section of the code, in accordance with applicable
law. The City council may establish and change the fee by resolution.
The fee must be paid with the application.
D.
Approval.
1.
An
application for a two-unit project is approved or denied ministerially,
by the Director, without discretionary review.
2.
The
ministerial approval of a two-unit project does not take effect until
the City has confirmed that the required documents have been recorded,
such as the deed restriction and easements.
3.
The
approval must require the owner and applicant to hold the City harmless
from all claims and damages related to the approval and its subject
matter.
4.
The
approval must require the owner and applicant to reimburse the City
for all costs of enforcement, including attorneys' fees and costs
associated with enforcing the requirements of this code.
E.
Requirements.
A two-unit project must satisfy each of the following requirements:
1.
Map
Act Compliance. The lot must have been legally subdivided.
2.
Zone.
The lot is in a single-family residential zone.
3.
Lot
Location. The lot is not located on a site that is described by any
of subparagraphs Government Code Sections 65913.4(a)(6)(B)–(K).
4.
Not
Historic. The lot must not be a historic property or within a historic
district that is included on the State Historic Resources Inventory.
Nor may the lot be or be within a site that is designated by ordinance
as a City or county landmark or as a historic property or district.
5.
No
Impact on Protected Housing. The two-unit project must not require
or include the demolition or alteration of any of the following types
of housing:
a.
Housing that is income-restricted for households of moderate, low,
or very low income.
b.
Housing that is subject to any form of rent or price control through
a public entity's valid exercise of its police power.
c.
Housing, or a lot that used to have housing, that has been withdrawn
from rental or lease under the Ellis Act (Gov. Code Sections 7060–7060.7)
at any time in the 15 years prior to submission of the urban lot split
application.
d.
Housing that has been occupied by a tenant in the last three years.
The applicant and the owner of a property for which a two-unit project
is sought must provide a sworn statement as to this fact with the
application for the parcel map.
6.
Unit
Standards.
a.
Unit standards shown in the chart below. Required setback areas must:
i.
Be kept free from all structures greater than three feet high;
ii.
Be at least 50% landscaped with drought-tolerant plants, with vegetation
and irrigation plans approved by a licensed landscape architect;
iii.
Allow for fire-safety access.
|
|
HL
|
R-1
|
R-1A
|
R-2
|
|---|---|---|---|---|
|
1. Minimum Lot Size prior to split (in square feet)
|
2,400
|
2,400
|
2,400
|
2,400
|
|
Minimum Lot Size after split (in square feet)
|
1,200
|
1,200
|
1,200
|
1,200
|
|
2. Maximum Lot Coverage
|
25%
|
30%
|
35%
|
40%
|
|
3. Minimum Setbacks for Primary Frontage Lot (in feet)
|
|
|
|
|
|
Front
|
30
|
20
|
20
|
20
|
|
Exterior
|
10
|
10
|
10
|
10
|
|
Interior side yard
|
4
|
4
|
4
|
4
|
|
Rear
|
4
|
4
|
4
|
4
|
|
4. Minimum Setbacks for Secondary Lot (in feet)
|
|
|
|
|
|
Front
|
4
|
4
|
4
|
4
|
|
Exterior
|
10
|
10
|
10
|
10
|
|
Interior side yard
|
4
|
4
|
4
|
4
|
|
Rear
|
4
|
4
|
4
|
4
|
|
5. Height Restrictions
|
16 feet (one story)
|
16 feet (one story)
|
16 feet (one story)
|
16 feet (one story)
|
b.
Quantity.
i.
No more than two dwelling units of any kind may be built on a lot
that results from an urban lot split. For purposes of this paragraph,
"unit" means any dwelling unit, including, but not limited to, a primary
dwelling unit, a unit created under this section of this code, an
ADU, or a JADU.
d.
Demolition Cap. The two-unit project may involve the demolition of
up to 50% of the existing exterior walls of an existing dwelling.
e.
Lot Coverage. The applicable lot coverage is established by the corresponding
single-family residential zone. However, this lot coverage standard
is only enforced to the extent that it does not prevent two primary
dwelling units on the lot at 800 square feet each.
f.
Setbacks.
i.
Generally. All setbacks must conform to those objective setbacks
that are imposed through the underlying zone.
ii.
Exceptions. Notwithstanding subsection (E)(6)(i) above:
(A)
Existing Structures. No setback is required for an existing
legally established structure or for a new structure that is constructed
in the same location and to the same dimensions as an existing legally
established structure.
(B)
800 Square Feet; Four-Foot Side and Rear. The setbacks imposed
by the underlying zone must yield to the degree necessary to avoid
physically precluding the construction of up to two units on the lot
or either of the two units from being at least 800 square feet in
floor area; but in no event may any structure be less than four feet
from a side or rear property line.
g.
Parking. Each new primary dwelling unit must have at least one uncovered
or covered off-street parking space per unit unless one of the following
applies:
h.
Nonconforming Conditions. A two-unit project may only be approved
if all nonconforming zoning conditions are corrected.
i.
Utilities. Each primary dwelling unit on the lot must have its own
direct utility connection to the utility service provider for water,
sewer, and electricity.
j.
Building and Safety. All structures built on the lot must comply
with all current local building standards. A project under this section
is a change of use and subjects the whole of the lot, and all structures,
to the City's current code.
7.
Fire-Hazard
Mitigation Measures. A lot in a very high fire hazard severity zone
and/or Wildland Urban Interface (WUI) areas must comply with each
of the following fire-hazard mitigation measures and special fire
protection requirements:
a.
It must have direct access to a public right-of-way with a paved
street with a width of at least 26 feet. The public right-of-way must
have at least two independent points of access for fire and life safety
to access and for residents to evacuate.
b.
All dwellings on the site must comply with current fire code requirements
for dwellings in a very high fire hazard severity zone.
c.
All enclosed structures on the site must have fire sprinklers.
d.
All sides of all dwellings on the site must be within a 150-foot
hose-pull distance from either the public right-of-way or of an on-site
fire hydrant or standpipe.
e.
If the lot does not have a swimming pool, the lot must have a water
reservoir of at least 5,000 gallons per dwelling, with Fire Department
approved hookups compatible with Fire Department standard pump and
hose equipment.
f.
All other applicable objective standards found in Chapter 49 of the
California Fire Code.
8.
Separate
Conveyance.
a.
Primary dwelling units on the lot may not be owned or conveyed separately
from each other.
b.
Condominium airspace divisions and common interest developments are
not permitted within the lot.
c.
All fee interest in the lot and all the dwellings must be held equally
and undivided by all individual property owners.
9.
Regulation
of Uses.
a.
Residential-only. No non-residential use is permitted on the lot.
b.
No Short-Term Rentals. No dwelling unit on the lot may be rented
for a period of less than 30 days.
c.
Owner Occupancy. Unless the lot was formed by an urban lot split,
the individual property owners of a lot with a two-unit project must
occupy one of the dwellings on the lot as the owners' principal residence
and legal domicile.
10.
Deed Restriction. The owner must record a deed restriction, acceptable
to the City, that does each of the following:
a.
Expressly prohibits any rental of any dwelling on the property for
a period of less than 30 days.
b.
Expressly prohibits any non-residential use of the lot.
c.
Expressly prohibits any separate conveyance of a primary dwelling
on the property, any separate fee interest, and any common interest
development within the lot.
d.
If the lot is not created by an urban lot split: Expressly requires
the individual property owners to live in one of the dwelling units
on the lot as the owners' primary residence and legal domicile.
e.
States that the property is formed by an urban lot split and is therefore
subject to the City's urban lot split regulations, including all applicable
limits on dwelling size and development standards.
F.
Specific
Adverse Impacts.
1.
Notwithstanding
anything else in this section, the City may deny an application for
a two-unit project if the building official makes a written finding,
based on a preponderance of the evidence, that the project would have
a "specific, adverse impact" on either public health and safety or
on the physical environment and for which there is no feasible method
to satisfactorily mitigate or avoid the specific adverse impact.
2.
"Specific
adverse impact" has the same meaning as in Government Code Section
65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified written public health or safety
standards, policies, or conditions as they existed on the date the
application was deemed complete" and does not include: (a) inconsistency
with the zoning ordinance or general plan land use designation; or
(b) the eligibility to claim a welfare exemption under Revenue and
Taxation Code Section 214(g).
3.
The
building official may consult with and be assisted by planning staff
and others as necessary in making a finding of specific, adverse impact.
G.
Remedies.
If a two-unit project violates any part of this code or any other
legal requirement:
1.
The
buyer, grantee, or lessee of any part of the property has an action
for damages or to void the deed, sale, or contract.
2.
The
City may:
a.
Bring an action to enjoin any attempt to sell, lease, or finance
the property.
b.
Bring an action for other legal, equitable, or summary remedy, such
as declaratory and injunctive relief.
c.
Pursue criminal prosecution, punishable by imprisonment in county
jail or state prison for up to one year, by a fine of up to $10,000.00,
or both; or a misdemeanor.
d.
Record a notice of violation.
e.
Withhold any or all future permits and approvals.
f.
Pursue all other administrative, legal, or equitable remedies that
are allowed by law or this code.
(Ord. 596 § 3, 2021; Ord. 598 § 3, 2022)
A.
Purpose.
The purpose of this section is to allow and regulate accessory dwelling
units (ADUs) and junior accessory dwelling units (JADUs) in compliance
with California Government Code Sections 65852.2 and 65852.22.
B.
Effect
of Conforming. An ADU or JADU that conforms to the standards in this
section will not be:
1.
Deemed
to be inconsistent with the City's general plan and zoning designation
for the lot on which the ADU or JADU is located.
2.
Deemed
to exceed the allowable density for the lot on which the ADU or JADU
is located.
3.
Considered
in the application of any local ordinance, policy, or program to limit
residential growth.
4.
Required to correct a nonconforming zoning condition, as defined in subsection (C)(9) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
C.
Definitions.
As used in this section, terms are defined as follows:
1.
"Accessory
dwelling unit" or "ADU" means an attached or a detached residential
dwelling unit that provides complete independent living facilities
for one or more persons and is located on a lot with a proposed or
existing primary residence. An accessory dwelling unit also includes
the following:
a.
An efficiency unit, as defined by Section 17958.1 of the California
Health and Safety Code; and
b.
A manufactured home, as defined by Section 18007 of the California
Health and Safety Code.
2.
"Accessory
structure" means a structure that is accessory and incidental to a
dwelling located on the same lot.
3.
"Attached
accessory dwelling unit" means an attached ADU that shares at least
one wall with the primary dwelling.
4.
"Complete
independent living facilities" means permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the
single-family or multifamily dwelling is or will be situated.
5.
"Detached
accessory dwelling unit" means a detached ADU that does not share
any wall with the primary dwelling.
7.
"Junior
accessory dwelling unit" or "JADU" means a residential unit that satisfies
all of the following:
a.
It is no more than 500 square feet in size.
b.
It is contained entirely within an existing or proposed single-family
residence. An enclosed use within the residence, such as an attached
garage, is considered to be a part of and contained within the single-family
residence.
c.
It includes its own separate sanitation facilities or shares sanitation
facilities with the existing or proposed single-family residence.
d.
Contains its own separate bathroom or, if it does not include a separate
bathroom, contains an interior entrance to the main living area of
the existing or proposed single-family residence.
e.
Contains an exterior entrance that is separate from the main entrance
to the proposed or existing single-family residence.
8.
"Living
area" means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory
structure.
9.
"Nonconforming
zoning condition" means a physical improvement on a property that
does not conform with current zoning standards.
10.
"Passageway" means a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the ADU or JADU.
11.
"Proposed dwelling" means a dwelling that is the subject of a permit
application and that meets the requirements for permitting.
12.
"Public transit" means a location, including, but not limited to,
a bus stop or train station, where the public may access buses, trains,
subways, and other forms of transportation that charge set fares,
run on fixed routes, and are available to the public.
13.
"Tandem parking" means that two or more automobiles are parked on
a driveway or in any other location on a lot, lined up behind one
another.
D.
General Provisions. The following requirements apply to all ADUs and JADUs that are approved under subsections (F) and (G) below.
1.
2.
Fire
Sprinklers. Fire sprinklers are required in an ADU if sprinklers are
required in the primary residence. The construction of an ADU does
not trigger a requirement for fire sprinklers to be installed in the
existing primary dwelling.
3.
Rental
Term. No ADU or JADU may be rented for a term that is shorter than
30 days.
4.
No
Separate Conveyance. An ADU or JADU may be rented, but, except as
otherwise provided in Government Code Section 65852.26, no ADU or
JADU may be sold or otherwise conveyed separately from the lot and
the primary dwelling (in the case of a single-family lot) or from
the lot and all of the dwellings (in the case of a multifamily lot).
5.
Building
and Safety.
a.
Subject to subsection (D)(5)(b) below, all ADUs and JADUs must comply with all local building code requirements.
b.
Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Compliance officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (D)(5)(b) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
6.
Owner
Occupancy.
a.
An ADU that is permitted before January 1, 2025, is not subject to
any owner-occupancy requirement.
b.
Unless applicable law requires otherwise, all ADUs that are permitted
on or after January 1, 2025 are subject to an owner-occupancy requirement.
A natural person with legal or equitable title to the property must
reside on the property as the person's legal domicile and permanent
residence.
c.
As required by state law, all JADUs are subject to an owner-occupancy
requirement. A natural person with legal or equitable title to the
property must reside on the property, in either the primary dwelling
or JADU, as the person's legal domicile and permanent residence. However,
the owner-occupancy requirement of this paragraph does not apply if
the property is entirely owned by another governmental agency, land
trust, or housing organization. As required by Government Code Section
65852.22(a)(3), a deed restriction meeting the requirements of Government
Code Section 65852.22(a)(3) must be recorded and filed.
7.
Height.
b.
A detached ADU may be up to 18 feet in height if it is created on
a lot with an existing or proposed single family or multifamily dwelling
unit that is located within one-half mile walking distance of a major
transit stop or a high quality transit corridor, as those terms are
defined in Section 21155 of the Public Resources Code, and the ADU
may be up to two additional feet in height (for a maximum of 20 feet)
if necessary to accommodate a roof pitch on the ADU that is aligned
with the roof pitch of the primary dwelling unit.
c.
A detached ADU created on a lot with an existing or proposed multifamily
dwelling that has more than one story above grade may not exceed 18
feet in height.
d.
An attached ADU may not exceed the maximum height limit for the applicable
zone, as provided in the table below.
|
Residential District
|
HL
|
R-1
|
R-1A
|
R-2
|
R-7
|
R-14
|
R-22
|
R-30
|
|---|---|---|---|---|---|---|---|---|
|
Maximum Height
|
35 feet (two stories)
|
35 feet (two stories)
|
35 feet (two stories)
|
35 feet (two stories)
|
35 feet (three stories)
|
45 feet (four stories)
|
55 feet (five stories)
|
55 feet (five stories)
|
e.
For purposes of this subsection (D)(7), height means the vertical distance, excluding foundations or understructures or basements, between the elevation of the finished floor level and the peak of the structure. For purposes of this subsection (D)(7), "finished floor level" means the uppermost surface of a floor without any applied finishes, typically the screed finish of a concrete slab or foundation. Multiple finished floor levels may exist in a building or complex of buildings on a site depending on topographical conditions, however the height calculation shall be based on the maximum length between a finished floor level of a structure and the highest point of that structure (see diagram below).
 |
E.
Action
on Building Permit Application.
1.
Applications
to create an ADU or JADU in accordance with this section will be considered
and approved ministerially, without discretionary review or a hearing.
2.
The
City must approve or deny an application to create an ADU or JADU
within 60 days from the date that the City receives a complete application.
If the City has not approved or denied the completed application within
60 days, the application is deemed approved unless either:
a.
The applicant requests a delay, in which case the 60-day time period
is tolled for the period of the requested delay, or
b.
When an application to create an ADU or JADU is submitted with a
permit application to create a new single-family or multifamily dwelling
on the lot, the City may delay acting on the permit application for
the ADU or JADU until the City acts on the permit application to create
the new single-family or multifamily dwelling, but the application
to create the ADU or JADU will still be considered ministerially without
discretionary review or a hearing.
3.
If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (E)(2) above.
4.
A
demolition permit for a detached garage that is to be replaced with
an ADU is reviewed with the application for the ADU and issued at
the same time.
F.
ADUs
and JADUs Subject to Limited Requirements.
1.
If an ADU or JADU complies with each of the general requirements in subsection D above, it is allowed with only a building permit in the following scenarios:
a.
Converted on Lot with Single-Family Residence. One ADU as described in this subsection (F)(1)(a) and one JADU on a lot with a proposed or existing single-family residence on it, where the ADU or JADU:
i.
Is either: within the space of a proposed single-family residence;
within the existing space of an existing single-family residence;
or (in the case of an ADU only) within the existing space of an accessory
structure, plus up to 150 additional square feet if the expansion
is limited to accommodating ingress and egress.
ii.
Has exterior access that is independent of that for the single-family
residence.
iii.
Has side and rear setbacks sufficient for fire and safety, as
dictated by applicable building and fire codes.
iv.
The JADU complies with the requirements of Government Code Section 65852.22, including, but not limited to, recording a deed restriction in accordance with subsection (a)(3) thereof.
b.
Limited Detached or Attached on Lot with Single-Family Residence. One detached or attached, new-construction ADU on a lot with a proposed or existing single-family residence (in addition to any JADU that might otherwise be established on the lot under subsection (F)(1)(a) above), if the ADU satisfies the following limitations:
c.
Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (F)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, and up to 25% of the existing multifamily dwelling units may each have a converted ADU under this paragraph.
d.
Limited Detached on Multifamily Lot. No more than two detached ADUs
on a lot that has an existing or proposed multifamily dwelling if
each detached ADU satisfies the following limitations:
i.
The side- and rear-yard setbacks are at least four feet. If the existing
multifamily dwelling has a rear or side yard setback of less than
four feet, the City will not require any modification to the multifamily
dwelling as a condition of approving the ADU.
G.
ADUs Subject to Additional Objective Requirements. A proposed ADU that does not conform to the standards set forth in subsection (F) is allowed with only a building permit if it complies with all of the objective standards set forth below.
1.
2.
3.
Lot Coverage. No ADU subject to this subsection (G) may cause the total lot coverage of the lot to exceed the maximum for the applicable zone, as shown in the table below, subject to subsection (G)(1)(b) above.
|
Residential District
|
HL
|
R-I
|
R-1A
|
R-2
|
R-7
|
R-14
|
R-22
|
R-30
|
|---|---|---|---|---|---|---|---|---|
|
Maximum Lot Coverage
|
25%
|
30%
|
35%
|
40%
|
55%
|
60%
|
70%
|
75%
|
4.
Minimum Private Open Space. No ADU subject to this subsection (G) may cause the total percentage of open space of the lot to fall below the minimum for the applicable zone, as shown in the table below, subject to subsection (G)(1)(b) above.
|
|
HL
|
R-1
|
R-1A
|
R-2
|
R-7
|
R-14
|
R-22
|
R-30
|
|---|---|---|---|---|---|---|---|---|
|
Private Open Space (in sq. feet per unit)
|
—
|
—
|
—
|
—
|
100
|
100
|
60
|
60
|
6.
Parking.
a.
Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(13) above.
b.
Exceptions. No parking under subsection (G)(6)(a) is required in the following situations:
i.
The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(12) above.
ii.
The ADU is located within an architecturally and historically significant
historic district.
iii.
The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (F)(1)(a) above.
iv.
When on-street parking permits are required but not offered to the
occupant of the ADU.
v.
When there is an established car share vehicle stop located within
one block of the ADU.
vi.
When the permit application to create an ADU is submitted with an
application to create a new single-family or new multifamily dwelling
on the same lot, provided that the ADU or the lot satisfies any other
criteria listed in subsections (G)(6)(b)(i) through (v) above.
c.
No Replacement. When a garage, carport, or covered parking structure
is demolished in conjunction with the construction of an ADU or converted
to an ADU, those off-street parking spaces are not required to be
replaced.
d.
Parking Space Size. Each unclosed parking space shall be at least
nine feet wide and 19 feet long. Each parking space that is provided
in an enclosed garage shall be at least 12 feet wide and 20 feet long
and have at least seven and a half feet vertical clearance.
7.
Historical
Protections. The architectural treatment of an ADU to be constructed
on or within 600 feet of a lot that has an identified historical resource
listed in the California Register of Historic Resources must comply
with all applicable objective ministerial requirements imposed by
the Secretary of Interior.
H.
Fees.
1.
Impact
Fees.
a.
No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (H), "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code Section 66000(b)) and a fee under the Quimby Act (Gov. Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
b.
Any impact fee that is required for an ADU that is 750 square feet
or larger in size must be charged proportionately in relation to the
square footage of the primary dwelling unit. (E.g., the floor area
of the ADU, divided by the floor area of the primary dwelling, times
the typical fee amount charged for a new dwelling.)
c.
All applicable development impact fees for an ADU proposed to be
constructed on a lot with a proposed or existing single family residence
shall be waived for a five-year trial period, commencing on September
27, 2019, and ending on September 27, 2024.
I.
Nonconforming
Zoning Code Conditions, Building Code Violations, and Unpermitted
Structures.
1.
Generally.
The City will not deny an ADU or JADU application due to a nonconforming
zoning condition, building code violation, or unpermitted structure
on the lot that does not present a threat to the public health and
safety and that is not affected by the construction of the ADU or
JADU.
2.
Unpermitted
ADUs Constructed Before 2018.
a.
Permit to Legalize. As required by state law, the City may not deny
a permit to legalize an existing but unpermitted ADU that was constructed
before January 1, 2018, if denial is based on either of the following
grounds:
i.
The ADU violates applicable building standards, or
ii.
The ADU does not comply with the state ADU law (Government Code Section 65852.2) or this ADU ordinance (Santee Municipal Code Section 13.10.045).
b.
Exceptions:
i.
Notwithstanding subsection (I)(2)(a) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
ii.
Subsection (I)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.
(Ord. 572 § 1, 2020; Ord. 597 § 4, 2022; Ord. 606 § 4, 2022; Ord. 609 § 4, 2023)
The special development criteria set forth in this section are
intended to provide minimum standards for residential development.
A.
Attached
and Detached Residential Accessory Structures.
1.
Attached
and detached residential accessory structures which require a building
permit (including, but not limited to, unenclosed patio covers, cabanas,
garages, carports, and storage buildings) may encroach in a required
interior side yard or rear yard, except as required in Table 13.10.040A,
subject to the following limitations:
a.
Height. The maximum height for accessory structures is 16 feet (one
story).
b.
Rear Yard Setback. Attached and detached residential accessory structures
or additions may be located four feet from the rear property line,
excluding eave overhang.
c.
Side Yard Setback. Attached or detached residential accessory structures
may be located four feet from the side interior property line, excluding
eave overhang. Attached and detached residential accessory structures
may not encroach into required exterior side yard setbacks.
d.
Front Yard and Corner Side Yard. No detached residential accessory
structure shall be placed in front of the main structure.
e.
Size. The maximum allowable gross floor area for all detached residential
accessory structures in conjunction with an existing single-family
residence shall not exceed 50% of the living area of the primary residence.
A 400-square-foot detached garage is permitted in all cases if a garage
does not currently exist on site.
2.
Sea
cargo containers are prohibited.
B.
Projections
into Yards.
1.
Eaves,
roof projections, awnings, and similar architectural features may
project into required yards a maximum distance of two feet, provided
such appendages are supported only at, or behind, the building setback
line.
2.
Fireplace
chimneys, bay windows, balconies, fire escapes, exterior stairs and
landings and similar architectural features and equipment for pools
and air conditioning may project into required yards a maximum distance
of two feet, provided such features shall be at least three feet from
a property line. Equipment must be screened with materials and colors
that blend with the building design.
3.
Uncovered
decks, platforms, uncovered porches, and landing places which do not
extend above the first floor level of the main building and are not
at any point more than 32 inches above grade, may project into any
front or corner side yard a maximum distance of 10 feet, and project
into any rear or interior side yard up to the property line. Where
not extending above the first floor level but where greater than 32
inches above grade, must be at least five feet from all side property
lines and 10 feet from the rear and front property lines.
4.
Projections
Over a Slope. If a structure is constructed such that it projects
over a slope, and the structure is visible from a public street, the
underside of the structure shall either be enclosed or landscaping
shall be provided to screen the structure from public view to the
satisfaction of the Director.
5.
Two-story
additions may encroach a maximum of five feet into the required rear
yard setback if the Director determines that the encroachment is necessary
for a continuation and extension of the architectural design, style,
and function of the structure.
C.
Projections Above Height Limits. Except as provided for in Chapter 13.34, flues, chimneys, antennas, elevators, other mechanical equipment, utility, and mechanical features may exceed the height limit of the base district in Table 13.10.040A by no more than 15 feet, provided such feature shall not be used for habitable space and appropriate screening is provided as determined by the Director. Architectural appurtenances to churches and other religious institutions involving a steeple, or cross combination thereof, and clock towers, may exceed the maximum height of the base district if it is determined through the development review permit or conditional use permit process that architectural compatibility and appropriate building scale are achieved and maintained.
D.
Variable
Front Yard Provisions. Front setbacks required by the base district
may be averaged on the interior lots within a new single-family detached
or detached condominium subdivision. Additions to single-family homes
in established residential subdivisions shall be allowed to build
to the preestablished front yard setback of the subdivision without
the need for a variance.
E.
Fences,
Walls and Hedges. The following provisions regarding fences, walls
and hedges shall apply to all residential districts.
1.
Fences,
walls, hedges, or similar view obstructing structures or plant growth
that reduce visibility and the safe ingress and egress of vehicles
or pedestrians shall not exceed a height of three and one-half feet
in the front yard. A combination of solid and open fences (e.g., wrought
iron, chain link, Plexiglas) not exceeding six feet in height may
be located in a required front yard or visibility clearance area,
provided such fences are constructed with at least 90% of the top
two and one-half feet of their vertical surface open, and nonview-obscuring.
2.
Fences
or walls, not exceeding six feet in height, may be located in a required
exterior side yard, rear, or interior side yard. Walls required by
the City for noise mitigation may be up to eight feet in height and
may be located within the exterior side yard setback or rear setback
adjacent to a street. The noise wall shall be designed such that it
does not reduce visibility and the safe ingress and egress of vehicles
or pedestrians.
3.
A
visibility clearance area shall be required on lots adjacent to an
alley, driveway or street in which nothing shall be erected, placed,
planted or allowed to grow exceeding three and one-half feet in height.
Such area shall consist of a triangular area measured along the face
of curb bounded by the alley, driveway, or street right-of-way lines
of such lots and a line joining points along said alley, driveway,
or street lines from the point of intersection as shown in the Visibility
Area diagram below. The distance may be reduced if the Director determines
that the reduced distance would not create a public health and safety
hazard. The distance may be increased if the Director determines that
a greater distance is required to maintain public health and safety.
 |
 |
4.
Outdoor
recreation court fences not exceeding 12 feet in height shall be located
five feet from any rear or side property lines, except when adjacent
to outdoor recreation courts on adjacent properties.
5.
Barbed
wire, concertina wire, or similar security devices are not allowed
in residential zones.
F.
Swimming
Pools, Spas and Recreational Courts.
1.
Swimming
pools, spas, tennis courts, basketball courts, or similar paved outdoor
recreational courts, shall not be located in any required front yard,
and shall be located no closer than three feet from any rear, side
or corner side property line.
2.
Outdoor
lighting poles and fixtures are permitted not to exceed 12 feet in
height. Any such lighting shall be designed to project light downward
and shall not create glare on adjacent properties.
H.
Use
of Required Yards.
1.
Street
Yards. Except as otherwise permitted, a street yard shall be used
only for landscaping, pedestrian walkways, driveways, or off-street
parking.
2.
Rear
and Interior Side Yards. Except as otherwise permitted, these yards
shall be used only for landscaping, pedestrian walkways, driveways,
off-street parking or loading, recreational activities or similar
accessory activities.
I.
Lights.
All public parking areas shall be adequately lighted. All lighting
shall be designed and adjusted to reflect light away from any road
or street, and away from any adjoining premises. All lights and illuminated
signs shall be shielded or directed so as to not cause glare on adjacent
properties or to motorists.
(Ord. 566 § 3, 2019; Ord. 591 § 2, 2021; Ord. 599 § 2, 2022; Ord. 611 § 2, 2023)
A.
Property
Maintenance. All buildings, structures, yards and other improvements
shall be maintained in a manner which does not detract from the appearance
of the immediate neighborhood. The following conditions are prohibited:
1.
Dilapidated
or deteriorating structures, including, but not limited to, fences,
roofs, doors, walls, and windows.
2.
Accumulation
of scrap lumber, junk, trash, debris, or inoperative vehicles is prohibited.
3.
Parking
of vehicles on an unpaved surface.
4.
Swimming
pools that are not properly treated with chemicals as well as pools,
with or without water, that are not properly fenced to prohibit access,
thereby creating a threat to the public health and safety.
B.
Vehicle
and Equipment Repair and Storage. The following provisions shall apply
to any vehicle, motor vehicle, camper, camper trailer, trailer, unmounted
camper, trailer coach, motorcycle, boat or similar conveyance in all
residential districts, and to all sites in any other district used
for residential occupancy:
1.
Off-street
parking, driveways, and storage of the above conveyances shall be
conducted on an approved surface only, including concrete, concrete
pavers, asphalt, and gravel. The entire area beneath the conveyance
must be covered with an approved surface. Such conveyances shall be
prohibited to be parked or stored on unpaved surfaces, such as lawns
or dirt surface, subject to the following:
a.
Paved areas shall not exceed 50% of the required front yard area
including all areas used for parking of vehicles and the area providing
access to such parking areas. This section shall not prohibit the
paving of a standard width driveway (20 feet) to a required off-street
parking area on a cul-de-sac lot, or other similar narrow lot as determined
by the Director.
2.
Servicing,
repairing, assembling, disassembling, wrecking, modifying, restoring,
or otherwise working on any of the above conveyances shall be prohibited,
unless conducted within a garage or accessory building.
3.
Storing,
placing or parking any of the above conveyances, or any part thereof,
which is disabled, unlicensed, unregistered, inoperative, or from
which an essential or legally required operating part is removed,
shall be prohibited unless conducted within a garage or accessory
building.
4.
Notwithstanding
the provisions of subdivisions 1 and 2 above, emergency or minor repairs
and short-term or temporary parking of any of the above conveyances,
when owned by a person residing on the lot, may be conducted for an
aggregate period of up to 24 hours in any continuous period of 48
hours exclusive of the screening requirements.
5.
For
the purpose of this section, references to types of conveyances shall
have the same meaning as defined in the Vehicle Code of the State
of California, where such definitions are available.
C.
Unless
otherwise specified within this code or by conditional use permit,
all activities, work and storage of materials within residential districts
shall entirely be within an enclosed building.
(Ord. 566 § 3, 2019; Ord. 591 § 2, 2021)
