City of Monterey Park, CA RESIDENTIAL ZONES

R-1—Single-Family Residential Zone. This zone allows for low density residential units, traditionally single-family homes with one dwelling permitted per legal lot. Residences in this zone consist generally of single-family, detached houses with front, side and rear yards. The permitted density is zero to eight dwelling units per acre.

R-2—Medium-Density Residential Zone. This zone allows for medium density residential housing either as attached or detached multiple-family units. The permitted density is zero to 16 units per acre.

R-3—High-Density Residential Zone. This zone allows for high density residential housing either attached or detached multiple-family units. The permitted density is maximum 25 units per acre.

(Ord. 2097 § 3, 2013)

§ 21.08.030 Permitted Uses.

The land uses listed in Table 21.08(A) and Table 21.08(B) are permitted as indicated in the columns corresponding to each residential district. Where indicated with a "P" the use is permitted. Where indicated with an "X" the use is prohibited. A letter "C" indicates the use is conditionally permitted subject to the approval of a conditional use permit. Letter "L" indicates the use is permitted subject to limitations described in Section 21.08.040. Uses not shown as permitted, conditionally permitted, or permitted subject to limitations are prohibited in the zoning district, unless the City Planner makes a determination that a proposed use, while not listed in the following table, closely corresponds to a listed use which is permitted by right or which is permitted subject to the granting of a conditional use permit or subject to limitations.

Table 21.08(A) Permitted Uses in Residential Zones
Legend:
P	Permitted
L	Permitted subject to limitations or special standards (see Section 21.08.040)
C	Permitted subject to approval of a conditional use permit (see Chapter 21.32)
X	Prohibited
*	See Chapter 21.04, Definitions, for uses listed below

Land Uses	R-1	R-2	R-3
Single-family dwelling unit	P	P	P
Multiple-dwelling units	X	P	P
Assembly hall	C	C	C
Boarding house	X	C	C
Child care center	X	C	C
Child day care, licensed for 14 or less children (see Chapter 21.04, Definitions)	L	L	L
Community center	X	C	C
Community care facility, licensed for 6 or fewer persons	P	P	P
Community care facility, licensed for 7 or more persons	X	C	C
Condominiums	X	P	P
Congregate care facility (multiple units on one property)	X	C	C
Educational institution:
Public	P	P	P
Parochial	C	C	C
Private (excludes tutoring)	C	C	C
Accessory use to church	C	C	C
Fraternity/sorority house	X	C	C
Golf course	C	C	C
Government facility	P	P	P
Medical marijuana dispensaries	X	X	X
Mixed-use development	X	L	L
Mobile home	L	C	C
Nursing and convalescent hospital	X	C	C
Open space	P	P	P
Parking for off-site uses	X	C	C
Plant nursery	C	C	C
Public park	C	C	C
Public utility facility	C	C	C
Rehabilitation facility licensed for 6 or fewer persons	X	L	L
Rehabilitation facility licensed for 7 or more persons	X	X	X
Renting	L	L	L
Senior housing (see Chapter 21.16, Senior Citizens Housing Zone)	X	C	C
Sober living facility for 6 or less persons	P	P	P
Sober living facility for 7 or more persons	X	X	X
Supportive housing, licensed for 7 or more persons	X	X	C
Transitional housing, licensed for 7 or more persons	X	X	C

Table 21.08(B) Permitted Accessory Uses in Residential Zones
Accessory Uses	R-1	R-2	R-3
Accessory building or structure	P	P	P
Accessory dwelling unit	L	X	X
Auto dismantling, repairing, assembling	L	L	L
Child day care, licensed for up to 7 children	P	P	P
Child day care, licensed for 8 to 14 children	L	L	L
Garage (not more than 3 cars)	P	P	P
Home occupation	L	L	L
Household pets	L	L	L
Medical marijuana dispensaries	X	X	X
Portable canopy	L	L	L
Recreational vehicle parking (see Chapter 21.22, Off-Street Parking Regulations)	L	L	L
Storage of construction materials	L	L	L
Swimming pool	P	P	P
Temporary uses (see Chapter 21.28)	C	C	C
Walls, fences, and hedges	L	L	L
Wireless communication facility	C	C	C
Yard sales	L	L	L

(Ord. 2097 § 3, 2013; Ord. 2118 § 10, 2015; Ord. 2147 § 6, 2018)

§ 21.08.040 Limitations and Special Standards.

The land uses listed in Table 21.08(A) and Table 21.08(B) designated with the letter "L" are explained below.

Accessory Dwelling Unit. In the R-1 (Single-Family Residential) Zone developed as a single-family dwelling, a maximum of one accessory dwelling unit is permitted, subject to the following limitations:

The design and incorporation of an accessory dwelling unit on a single-family residential property must meet the following requirements:

The accessory dwelling unit must comply with all development standards of the R-1 Zone, including front, rear, and side yard setbacks, except as modified in this section;

No setback is required for an existing accessory building or structure that is converted to an accessory dwelling unit or an existing space within a primary dwelling. For purposes of this subdivision, "existing" means a structure or space that was lawfully constructed as of January 1, 2017;

The accessory dwelling unit may be either attached or detached from the existing primary dwelling and must be located on the same lot as the existing primary dwelling. If detached, the accessory dwelling unit must be located within the rear portion of the parcel. If attached to or within the primary residence, a separate entrance must be provided and said entrance cannot be located on the front of the primary residence or facing the street on which the primary residence fronts;

The increased floor area of an attached accessory dwelling unit cannot exceed 50% of the existing single-family dwelling gross floor area, with a maximum increase in floor area of 1,200 square feet;

The total gross floor area for a detached accessory dwelling unit cannot exceed 1,200 square feet;

The accessory dwelling unit must contain no more than two bedrooms and the number of bathrooms cannot exceed the number of bedrooms;

The accessory dwelling unit may not cause the floor area ratio or lot coverage limitations of the property to exceed the limits prescribed by the zone;

The accessory dwelling unit is limited to one story and an overall height of 15 feet if detached from the primary dwelling;

The accessory dwelling unit must be constructed such that the finished floor elevation of the accessory dwelling unit is not more than two feet above or below the finish floor elevation of the primary unit at the front of the lot;

(j)

The accessory dwelling unit must maintain architectural compatibility with the primary dwelling unit, including, without limitation, architectural style, roof type, paint color, finish, details, and other qualities subject to the approval of the City Planner;

(k)

The accessory dwelling unit must provide one off-street parking space per bedroom. These spaces may be provided as tandem parking on an existing driveway. Parking designated for the accessory dwelling unit must be provided in addition to the minimum parking required for the primary unit. All off-street parking areas and automobile areas for an accessory dwelling unit must be finished with a permeable surface including, without limitation, gravel, permeable pavers, and turf block. Notwithstanding the foregoing, such parking standards are not required in the following instances:

The accessory dwelling unit is located within one-half mile of public transit,

(ii)

The accessory dwelling unit is part of the existing primary residence or an existing accessory structure,

(iii)

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

An accessory dwelling unit may not be sold or transferred separately from the primary dwelling.

The applicant for an accessory dwelling unit must be the owner/occupant of the primary unit, but may reside in the accessory dwelling unit once completed.

A covenant, in a form approved by the City Attorney, must be signed by the property owner, and must be submitted to the City Planner. The covenant must be recorded with the County Recorder's office and a certified copy of said recorded covenant must be filed with the City Planner before the City issues a building permit to build an accessory dwelling unit. The covenant will require owner occupancy of either the primary unit or accessory dwelling unit, prohibit the separate sale of the accessory dwelling unit, and prohibit rentals for less than 30 days. Said covenant may not be altered, revoked or canceled without the written consent of the City Planner.

In the event a covenant was previously recorded for a permitted accessory structure restricting the structure as non-habitable pursuant to this Code, before the city issues a building permit for an accessory dwelling unit, the property owner must record a release of such covenant with the county recorder, in a form approved by the City Planner and the City Attorney.

The application must be accompanied by a filing and processing fee in the amount set by city council resolution.

The applicant must pay all required fees, including without limitation, development impact fees pursuant to Chapter 3.110 of this Code.

This subsection is superseded by Chapter 21.50 until December 31, 2024. On January 1, 2025, this subsection will be effective.

Auto Dismantling, Repairing, Assembling. In all residential zones, subject to the following limitations:

Work cannot be performed within public view.

Work must be performed within an enclosed building or in an area which is completely enclosed by view-obscuring walls, not less than six feet in height, or by the exterior walls of a building or buildings.

Work cannot be performed for commercial purposes.

The vehicle must be owned by a resident of the lot on which the work is being done.

The resident must complete work on one vehicle before beginning on another so that no more than one vehicle for each family living on the lot is in a state of disassembly or dismantlement or is being repaired at one time.

Work must be performed in a manner that will not interfere with the quiet and comfortable enjoyment of adjacent properties by their occupants.

Child Day Care, Licensed for Eight to Fourteen Children. In all residential zones, child day care for eight to 14 children is subject to State and City regulations, including a home occupation business license and the following requirements:

The residence must comply with all property development standards.

The child day care facility cannot be located within 300 feet of another child day care facility, except when:

The applicant can demonstrate that an existing child day care located within 300 feet is at capacity; or

The need exists for a particular or unique service not provided by an existing child day care location within 300 feet.

The outdoor play area of not less than 75 square feet per child, but in no case less than 450 square feet in area, and which includes play equipment, must be provided and secured with proper fencing. The outdoor play area must be located in the rear area. Stationary play equipment cannot be located in required side and front yards.

A six-foot high solid decorative fence or wall must be constructed on all side and rear property lines except in the front yard. Materials, textures, colors and design of the fence or wall must be compatible with on-site development and adjacent properties. All fences or walls must provide for safety with controlled points of entry.

The garage cannot be used as an extension of the family day care facility and cannot be used as part of the outdoor play area.

The facility may operate up to 14 hours per day. Outdoor activities are restricted to the hours of 8:00 a.m. to 8:00 p.m. per day.

The facility requires an initial on-site inspection and annual inspection thereafter by the City Planner.

On-site landscaping must be consistent with that prevailing in the neighborhood and be installed and maintained.

All on-site parking must be provided pursuant to the provisions of this code. On-site vehicle turnaround or separate entrance and exit points, and adequate passenger loading spaces must be provided.

(10)

All on-site lighting must be stationary, directed away from adjacent properties and public rights-of-way, and of intensity appropriate to the use it is serving.

(11)

All on-site signage must comply with this code.

(12)

The facility must contain a fire extinguisher and smoke detector devices and meet all standards set forth in the California Fire Code, as adopted by this code.

(D)

Home Occupation Permits.

Purpose. The purpose of this section is to allow for home occupations which are compatible with the residential character of the neighborhood in which they are located.

Procedure. Home occupations are permitted in the R-1, R-2, and R-3 Zones subject to obtaining a home occupation permit as follows:

Application. Application for a home occupation permit must be made on an application form provided by the City Planner and be accompanied by a filing fee established by City Council resolution.

Conditions of Approval. In approving a home occupation, the City Planner may include decision reasonable conditions deemed necessary to protect the health, safety and welfare of the community and to ensure the intent of this section.

Review and Inspection. Home occupations may be periodically reviewed and an inspection made of the property by the City Planner to verify continued compliance with the necessary criteria and conditions of approval.

Revocation of Permits. The City Planner may revoke any home occupation permit for noncompliance with the conditions set forth in approving the permit or inconsistency with this section.

Appeal Procedure. Appeals may be taken to the Planning Commission by the applicant or any other person aggrieved by the City Planner's decision pursuant to Chapter 1.10.

Permitted Home Occupations. The following businesses are permitted with a valid home occupation permit:

Office use;

Mail ordering;

Home crafts such as model making, basket weaving.

Home Occupations Prohibited. Permitted home occupations may not in any event be deemed to include the following:

Auto repair;

Barber shop or beauty salon;

Carpentry work;

Dance instructions;

Funeral chapel or funeral home;

Gift shop;

Medical or dental offices, labs, clinics, or hospitals;

Auto, boat and trailer painting;

Photo studio;

(j)

Private schools;

(k)

Renting of equipment and/or trailers;

(l)

Appliance repairs;

(m)

Eating establishment;

(n)

Kennel;

(o)

Tailors, dressmakers, upholstery;

(p)

Service uses, personal and professional;

(q)

Such other uses that may generate excessive pedestrian or vehicle traffic and that may be obnoxious or a nuisance to adjacent residents such as noise, odor, or appearance as determined by the City Planner, or that violate the use limitations provided in subsection (5) of this section.

Use Limitations. In addition to the limitations applicable in the zone in which the use is located, all home occupations are subject to the following use limitations:

One home occupation per address.

In the primary residence of the applicant proposing to conduct the business.

A home occupation is limited to paperwork only, conducted entirely within the designated room of the home, and may not have a need for any type of vehicle to transport materials or equipment used in conjunction with the business other than a private automobile.

No employment of help other than members of the resident family.

The home occupation use must be incidental to the primary use of the structure as a residential use and cannot detract from the residential character of the neighborhood. Not more than 200 square feet or 10% of the floor area, whichever is less, may be used in connection with a home occupation or for storage purposes in connection with a home occupation.

No direct sales of product or merchandise from the home.

No traffic can be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation must be met off the street. Visitor, customers, or deliveries cannot exceed that normally and reasonably occurring for a residence as determined by the City Planner and this code.

No home occupation can be conducted in any accessory building or space outside of the main building such as the accessory dwelling unit, garage or storage building.

There may not be any on-site storage of materials other than samples.

(j)

The home occupation may not involve use of advertising signs on the premises or any other external on-site advertising media which calls attention to the fact that the house is being used for a business purpose.

(k)

There may not be any alteration of utilities or installment of special equipment for the purpose of accommodating the proposed home occupation.

(l)

A maximum of one three-quarter ton vehicle may be kept in conjunction with an approved home occupation use if approved by the City Planner.

(m)

Under no circumstances may the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character whether by the use of colors, materials, construction, lighting, signs, or the emission of sound, noise, or vibration.

(n)

The street address of the residence may not be used for advertisements.

(o)

All respects of the home occupation must be conducted entirely within an enclosed structure. Supplies, tools, equipment, goods, samples and other items relating to a home occupation cannot be stored or displayed outside or at any location within a structure where they will be visible to passing pedestrian or vehicular traffic.

(p)

There may not be any use of any equipment which may cause radio or television interference or fluctuation in line voltage off the property.

(q)

There may not be any process, procedure, substance, or chemical used which is hazardous to public health, safety, morals or welfare.

(E)

Household Pets.

In the R-1 Zone, not in excess of three household pets, which includes, without limitation, dogs, cats, pigs, canaries, parrots, and other similar animals and birds usually and ordinarily kept as household pets.

In the R-2 and R-3 Zones, not in excess of two household pets for each dwelling unit.

(F)

Mixed Use Development. In the R-2 and R-3 Zones, mixed-use projects are limited to the Mixed-Use Overlay Zone and are subject to the restrictions and development standards of that Overlay Zone. See Chapter 21.14.

(G)

Mobile Home. In all residential zones developed as single-family dwelling unit, subject to the following limitations:

One mobile home on a permanent foundation.

Such unit was issued an insignia of approval from the California Department of Housing and Community Development or the U.S. Department of Housing and Urban Development pursuant to Health and Safety Code Section 18550(b).

Such unit has a roof with a pitch of not less than two-inch vertical rise for each 12 inches of horizontal run and consisting of roofing material customarily used for conventional single-family residences and is consistent with the primary unit on the lot and compatible with other dwelling units in the area as approved by the City Planner.

Such unit must have porches and eaves, or roof with eaves when, in the opinion of the City Planner, they are necessary to make the unit compatible with other dwellings in the area.

Such unit is covered with an exterior siding material customarily used on conventional dwellings and approved by the City Planner. The exterior material must 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.

(H)

Portable Canopy. In all residential zones, subject to the following limitations:

There is no limit on the number of portable canopies permitted on a residential zoned property, except that any and all canopies must comply with the maximum square footage specified below.

A portable canopy is allowed only adjacent to the side or at the rear of a residential unit.

A portable canopy must be constructed with a durable material, such as, without limitation, a canvas or vinyl material, which is securely anchored in place and properly maintained to present a neat and orderly appearance. The canopy is required to be replaced if they become torn, tattered or in disrepair.

A portable canopy cannot exceed a height of 15 feet at the highest point and is limited to a maximum square footage of 240 square feet total for all portable canopies.

(I)

Recreational Vehicle Parking. See Chapter 21.22, Off-Street Parking Regulations.

(J)

Storage of Construction Materials. In all residential zones, the storage of building materials is permitted during construction of any building or part thereof.

(K)

Wireless Communication Facility. Subject to regulations set forth in Chapter 21.34.

(L)

Yard Sales. In all residential zones, subject to the following limitations:

Not more than two sales per address may be conducted per calendar year;

No such sale can continue more than two consecutive days or three days on extended national holidays. Inclement weather may extend the period of time equal to the days lost;

Such sales can be conducted only during the hours of 8:00 a.m. and 6:00 p.m.;

The merchandise for sale may consist of the property owner's or occupant's personal goods. Outside consignments, lot purchases, and the like, for the purpose of resale is prohibited;

The sales area may be conducted on any portion of the ground area of the property outside of the residential dwelling unit. No merchandise may be placed on any public property or right-of-way;

Only one sign may be placed on the premises. The sign cannot exceed six square feet. No signs shall be placed on any public property (i.e., utility pole, traffic sign), right-of-way or vehicle parked on a public street, alley or private easement;

Such applicant must pay a fee for each permit in the amount set forth by resolution of the council adopted pursuant to applicable law. A copy of a validly issued permit must be displayed at the site of the sale at all times during such sale.

(M)

Renting. For purposes of this subsection, "renting" means occupying a dwelling unit in exchange for remuneration; each person giving remuneration in exchange for occupying a dwelling unit is a tenant. Renting not more than three sleeping rooms per dwelling unit for occupancy is allowed within all residential zones subject to the following limitations:

Sleeping rooms cannot be rented for a period of less than 30 days.

Not more than two persons are permitted to occupy one sleeping room.

Meals may be provided in connection with such renting, or the dwelling's kitchen facilities may be shared with tenants.

These regulations do not apply to the following uses if otherwise permitted by this code: boarding houses, licensed community care facilities, rehabilitation facilities, licensed home care facilities, or sober living facilities, congregate care facilities, fraternity/sorority house, senior housing facilities, supportive housing or transitional housing.

(Ord. 2097 § 3, 2013; Ord. 2118 § 11, 2015; Ord. 2131 § 2, 2016; Ord. 2132 § 1, 2016; Ord. 2147 § 6, 2018; Ord. 2192 § 7, 2020)

§ 21.08.050 Conditional Uses.

The uses designated with a "C" in Table 21.10(A) and Table 21.10(B) are subject to the regulations and criteria for the consideration and issuance of a conditional use permit as set out in Chapter 21.32, Permit Procedures—Generally.

(Ord. 2097 § 3, 2013)

§ 21.08.060 Property Maintenance.

In addition to any other provisions of this Zoning Code, the following requirements apply to all commercial zones.

Property owners must maintain all structures, including buildings, paved areas, accessory buildings and signs in the manner required to protect the health and safety of the user, occupants and the general public.

All structures must be maintained in a neat and orderly manner.

The property constitutes a public nuisance when it displays evidence of a substantial number of dilapidated conditions including, without limitation to the following:

Faulty, sagging or leaking roof;

Improper weatherization of building siding materials such as chipped or worn paint, wood siding showing signs of dry rot, cracked or chipped stucco and dented or rusted metal siding;

Broken or missing windows, peeling paint, broken lawn sprinklers, trash and debris;

Inadequate site drainage or standing water adjacent to building foundations;

Broken or inoperable sanitary and plumbing facilities;

Broken or missing foundation and attic vent screens and window screens; and

Structural deficiencies.

(Ord. 2097 § 3, 2013)

§ 21.08.070 Landscape Maintenance.

In addition to any other provisions of the Monterey Park Municipal Code, the following requirements apply to all residential zones:

Property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris, maintained in a healthy, growing condition and must receive regular pruning, fertilizing, mowing and trimming. Any diseased, dead, damaged or decaying plant materials must be removed and replaced within 30 days following written notice from the City Planner.

Irrigation systems must be kept in working condition. Adjustments, replacements, repairs and cleaning must be a part of regular maintenance.

Front Yard. The entire front yard area, including the minimum required front yard, must be kept and maintained free and clear of all attached or detached accessory structures, building and automotive materials, trash, debris, trash storage receptacles, inoperable motor vehicles, camper shells not mounted on motor vehicles, boats, or boats and trailers, including utility trailers.

(D)

Side Yards. Any storage of materials including without limitation, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, and debris, within side yards, must be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-of-way (excluding alleys).

(E)

Rear Yards. Any storage of materials including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within rear yards, must be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-of-way (excluding alleys). Stored materials cannot cover an area greater than 50% of the total square footage of the rear yard.

(Ord. 2097 § 3, 2013)

§ 21.08.080 Development Standards.

The development standards criteria set forth in this section are intended to provide minimum standards for the development and use of land within the residential zones. Table 21.08(E) describes the basic requirements for permitted and conditional uses in each residential district.

Use of Required Setbacks.

Street/Front Setback. Except as otherwise permitted, a front setback can only be used for landscaping, pedestrian walkways or driveways leading to parking areas. Walkways cannot be greater than four feet in width. See Chapter 21.22, Off-Street Parking Regulations, for driveway width.

No person may park any vehicle or any component thereof, for any purpose, in any front or side yard area on any residentially zoned lot, except the parking on driveways of passenger vehicles or as otherwise permitted by this chapter.

Cul-de-Sac. The depth of the required front yard on a lot facing directly upon the arc of a cul-de-sac is measured parallel to the front property line.

Rear and Interior Side Setbacks. Except as otherwise permitted, such setbacks may be used only for landscaping, pedestrian walkways, driveways, off-street parking, accessory structures, open space and resident amenities (such as picnic tables).

Double Frontage Lots/Through Lots. Double frontage lots must provide front yards on each frontage.

Except as otherwise provided in this code, every yard required to be constructed by this chapter must be open and unobstructed from the ground to the sky. No yard required for one building by this chapter can be considered as providing a yard for any other building. Moreover, a yard on one lot cannot be considered as a required yard for another lot.

Front Porch and Patio. In all residential zones, a front porch or patio cannot exceed 15 feet in height.

Encroachments into Setback Areas. In all residential zones, subject to the following standards: Items listed in Table 21.08(C) may encroach into required setback areas subject to the approval of the City Planner.

Table 21.08(C) Maximum Encroachments into Required Setback Areas (ft.)
	Front	Rear	Side
Architectural features (such as wall projections, eaves, overhangs, extensions, decorative materials, guardrails and artwork)	2.5	2.5	1.5
Awning/canopy	2.5	2.5	1.5
Balcony	2.5	2.5	1.5
Chimney/fireplace	2.5	2.5	1.5
Garage (with entrance at right angle to the street/turn-in driveway)	15	n/a	n/a
Porch, covered R-1 Zone (no closer than 10 feet from rear property line)	n/a	50% of rear yard area	n/a
Porch, uncovered R-1 Zone (no closer than 10 feet from rear property line)	2.5	50% of rear yard area	n/a
Public utility facility (pursuant to Section 21.08.070(H))	2.5	2.5	1.5

(D)

Accessory Building or Structure. In all residential zones, subject to the following standards:

A limit of one accessory building or structure shall be allowed per residential unit.

Must be uninhabitable.

Must be a maximum of 120 square feet.

Must be one-story and not to exceed an overall height of 15 feet.

Cannot have interior access from the principle use.

Must be used as storage shed, playhouse, laundry room, or similar use; and may not be rented or sold separately.

Cannot have kitchen or kitchen facilities.

Cannot be permitted in any required front yard.

Unless otherwise provided, an accessory structure must maintain a minimum distance of five feet from any rear or side lot line or alley right-of-way line. On reverse corner lots and through lots shall be 25 feet from a public right-of-way, except as provided elsewhere.

(10)

A site plan and elevation plan must be submitted for approval.

(E)

Garage. In all residential zones, subject to the following standards:

For personal use of on-site resident.

Accommodating not more than three cars.

Enclosed on three sides with an operable overhead door(s) on the fourth side. The required door(s) shall be of the hinged or roller type.

Used for automobile storage in conjunction with a dwelling.

Automobile storage area, within the garage, must maintain clear of other personal items to allow for automobile storage only.

Not less than 180 cubic feet of private and secured accessory storage space with a minimum dimension of three feet in depth and a maximum height of eight feet must be provided in the garage for each dwelling unit. Said storage space does not interfere with required automobile parking.

In no event may a garage be permitted within an area located within 35 feet from the centerline of the street on which such property fronts.

(F)

Swimming Pools. In all residential zones, subject to the following standards:

Permitted in any side and rear yard provided that no vertical wall of a swimming pool can be within five feet from any lot line or structure.

Prohibited in required front yards.

All lighting around the swimming pool must be directed away from abutting properties.

(G)

Mechanical Equipment. In all residential zones, swimming pool circulating pumps, filters and heaters, and air conditioners and coolers, including compressor units thereof, constitute structures, subject to the following standards:

Must be located in a rear or interior side yard.

Cannot be located any closer than five feet to a side or rear property line that abuts another residential zoned property.

May be located on other portions of a residential lot or on the roof of a residential building, if such location is first approved by the City Planner.

Must be screened from public view and cannot be visible from any abutting lot, or any public street or right-of-way, except solar panel surfaces (but not supports, piping, etc.). The design and material of the screen is subject to review and approval of the City Planner.

A site plan and elevation plan must be submitted for zoning clearance, including footprint of adjacent residential building and location of wall openings to adjacent building.

The approvals required by the City Planner as provided for in this chapter, must be processed without application fee or public hearing upon submittal of required site plan. The City Planner must approve a location unless the location is or will be detrimental to neighboring properties. Conditions regarding exact location, size of unit, screening, sound proofing, color of unit, etc., may be imposed by the City Planner when deemed necessary to protect surrounding properties from excessive noise or unsightly appearance.

(H)

Public Utility Facility. In all residential zones, subject to the following standards: Buildings and structures may be erected over an easement dedicated for public or utility purposes only if authorization therefor is issued by the easement holder.

(I)

Building Placement. Placement of buildings must conform to the standards set forth in Table 21.08(E). Said distance shall be open and unobstructed from the ground to the sky, except for encroachments listed in Table 21.08(C).

(J)

Design Criteria. In order to ensure aesthetically pleasing and harmonious development, all new buildings, room additions, patio covers and other accessory structures must conform to the following standards:

All room additions, patio covers and other accessory structures must be architecturally compatible with the primary building in terms of color, materials, roof type and pitch, and scale.

All new buildings, room additions, patio covers and other accessory structures must be architecturally compatible with surrounding properties.

All building exteriors must be constructed of any of the following materials: wood, synthetic siding, stucco, concrete, brick, slump-stone, rock, or similar material. No metal siding or roofs are permitted.

Roofing material must conform with requirements of the California Fire Code, as adopted by this code.

All rooms must be internally accessible.

All bedrooms must be accessible from a common hallway and integrated into the overall design of the main structure. No bedrooms can be accessible directly from other bedrooms, garages or utility rooms.

No internal hallway door(s) which in the determination of the City Planner establishes separate units.

No permanent stairways or elevators accessible from building exterior.

Not more than one kitchen or cooking facility.

(K)

Planning Commission Approval. See Chapter 21.36, Design Review.

(L)

Hillside Development. In all residential zones developed as a single-family residential unit, subject to the following standards:

Front Yard. Lots with an average natural grade exceeding 20% must be set back five feet from the front lot line. Lots with an average natural grade exceeding 15% shall be set back 10 feet from the front lot line. Lots with an average natural grade of less than 15% must conform to the standards set forth in Table 21.08(E).

Rear Yard. Unless otherwise provided, lot in all residential zones must maintain a rear yard of not less than 25% of lot depth or 25 feet, whichever is less.

On lots recorded after February 21, 1962, in hillside areas, where the natural grade of any rear yard area is in exceeds 20%, and not less than 15 feet of rear yard area must be provided with a grade not greater than 10%. Provided, however, that where impractical or impossible, then in lieu thereof, each such lot may be provided with an open area on not more than two levels, subject to the approval of the City Planner of not less than 1,000 square feet and a minimum dimension of 15 feet with a grade not in excess of 10% in either or both of the side or rear yard areas, excluding driveways from such computation. For the purposes of this subsection, open porches and decking may be computed as required level area.

Main buildings and unenclosed off-street parking spaces may occupy not more than 50% of the required rear yard provided:

That no portion of the main building shall in any case be closer than 10 feet to a rear lot line and shall maintain side yards as required in Table 21.08(E); and

(ii)

That whenever any portion of a required rear yard is occupied by any portion of a main building, equivalent usable open space shall be provided elsewhere on the property, subject to the approval by the City Planner as to usability and location; and

(iii)

For the purpose of this subsection, usable open space cannot exceed 10% in grade and shall have a minimum dimension of 15 feet; the dimension may include abutting side or rear yards.

Building Height. No lot or parcel of land with an average natural grade exceeding two stories or 30 feet in height. The maximum allowable height of a structure is measured from the lowest elevation of the existing grade at an exterior wall of the structure to the highest point of the structure.

Roof Projections. Architectural features not containing usable floor space, such as chimneys, towers, gables, and spires, are permitted to extend up to five feet above the maximum structure height established for each zone. Heights exceeding these limits must be approved by the Planning Commission.

Flag poles may be permitted up to a height of 35 feet in residential districts and 50 feet in nonresidential districts. Heights exceeding these limits must be approved by the Planning Commission.

(M)

Finish Floor Elevation. In the R-2 and R-3 Zones, developed with multiple-dwelling units, the finished floor elevation of the building or structure located in closest proximity to the front lot line cannot exceed two feet above the natural grade at the front lot line and only to accommodate raised floor construction.

(N)

Building Length.

In the R-2 Zone, no visible façade of a building or structure can have a continuous length, exceeding 60 feet without having a building offset of 12 feet or greater.

In the R-3 Zone, no visible façade of a building or structure can have a continuous length, exceeding 80 feet if facing onto a public street or 120 feet elsewhere on the lot without having a building offset of 12 feet or greater.

(O)

Open Space. In the R-2 and R-3 Zones, developed with multiple dwelling units, subject to the standards set forth in Table 21.08(E) and the following standards:

Private Open Space. Minimum dimensions must be 10 feet wide and 10 feet deep and be adjacent to and accessible from the residential unit. Private open space must be adjacent to and accessible from the living room, dining room or family room.

Common Open Space. Minimum dimensions must be 15 feet wide and 15 feet deep. Common open space shall provide recreational amenities within the site which may include, without limitation, a swimming pool, spa, tot lot with play equipment, picnic shelter, barbeque area; court game facilities. The type of amenities must be approved by the City Planner. Common open space cannot include any portion of the required private open space, front and side yard setbacks.

(P)

Distance Between Windows. In the R-2 and R-3 Zones, developed with multiple dwelling units, all windows must be offset from windows of the adjacent units. Screening is to be achieved by appropriate placement of windows and through discretionary placement of landscaping.

(Q)

Internal Walkways. In the R-2 and R-3 Zones, developed with multiple dwelling units, subject to the following standards:

There shall be internal walkways between at least one adjacent public street and between the off-street parking area, and buildings containing dwelling units. Such walkways shall be a minimum of 36 inches wide and shall be improved with a hard durable surfacing, or continuous blocks of flagstone or similar material.

Driveways shall not be utilized in lieu of required internal walkways.

(R)

Walls, Fences, and Hedges. In all residential zones, subject to the following standards (See also Table 21.08(C)):

Applicability. The provisions of this section shall not apply to a fence or wall required by any regulation of the State of California or other public agency.

Table 21.08(D) Maximum Heights of Walls, Fences, Hedges
	Yards
	Front	Side	Rear
Walls, fences, hedges	4 ft.	6 ft.	6 ft.
Decorative feature on top	6 in.	6 in.	6 in.
Retaining wall – Protecting cut	4 ft.	6 ft.	6 ft.
Retaining wall – Protecting fill	4 ft.	6 ft.	6 ft.

Retaining Wall—Protecting Cut Below Natural Grade. Where retaining wall protects a cut below the natural grade, and is located within three feet of the property line separating lots, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location as if no such retaining wall existed.

Retaining Wall—Containing Fill. A fence, solid wall or hedge may be erected at the top of a retaining wall which contains a fill provided that the total combined height of the retaining wall built to retain the fill and the fence, wall or hedge that tops it does not exceed six feet in the side and rear yards, as measured from the natural grade, and four feet in the front yard as measured from the front property line.

Sight vision clearance must be maintained for safety purposes at all street and driveway intersections, subject to approval of the City Engineer.

Prohibited Materials.

The use of barbed wire (which includes cyclone fencing and the like), electrified equipment excepting motorized equipment specifically designed to open and close gates, or chicken wire in conjunction with any fence or wall by itself;

Chain-link fencing in required front yards in all R Zones.

(S)

Trash and Waste Facility. In the R-2 and R-3 Zones, multiple-dwelling units, subject to the following standards: (See Figure 21.10(B))

All refuse must be stored within trash containers. Trash containers cannot be less than 45 gallons capacity per dwelling unit; notwithstanding this provision, all developments of four units or more shall provide shared trash containers of at least half cubic yard per unit.

A trash enclosure must screen the trash containers and provide a permanent location for the containers that will not encroach upon driveways, parking, pedestrian and emergency access areas, alleys or public rights-of-way, and eliminate the accessibility of trash to the elements and animals.

The containers must be screened from view on at least three sides by a solid wall minimum five feet in height, on the fourth side by a solid metal gate not less than five feet in height. The total height of the trash enclosure cannot exceed the maximum height of 10 feet.

The inside dimensions of the walls and any gates must be a minimum of four feet in depth by seven feet in width.

The enclosure must include a solid roof.

The wall, gate, and roof must be architecturally compatible with the primary building in terms of color, materials, roof type and pitch, and scale.

The gate must be maintained in working order and remain closed except when in use.

All trash, rubbish and garbage containers must be regularly cleaned, inspected and maintained in a clean, safe and sanitary condition. All containers must be provided with tight-fitting lids.

All trash storage areas must be located for convenient vehicular access for pickup and disposal.

(10)

Notwithstanding any other provision of this title, a trash and garbage collection area, with must be provided for all existing multiple dwelling units in the R-2 and R-3 Zones. The location of such collection area must be approved by the City Planner. It is not required if the City Planner finds that:

It would eliminate any required off-street parking spaces.

It could only be located in the front yard.

It would reduce required walkways to less than three feet in width.

It could not meet the locational requirement of paragraph (9) of this subsection (S).

(T)

Outdoor Storage. Storage of goods, materials or other items not contained within a permitted building or structure must be acceptable with all property maintenance standards and health and safety requirements as set forth in this code.

(U)

Exterior Lighting. In all residential zones, all exterior lighting must be arranged so as to reflect the light away from any other property.

(V)

Drainage. All open areas must be maintained so as to readily dispose of all storm runoff and all surface water. Storm water runoff and surface water shall not flow onto adjoining properties.

(W)

Landscaping Required.

Required in the in the R-1 Zone, subject to the following standards:

Most of the open areas in front of the house exposed to public view, except driveways, parking areas, walkways, utility areas, improved decks, patios, porches, or play areas, must be maintained with a combination of appropriate vegetative landscaping and permeable materials such as mulch, decomposed granite, gravel, stones, and similar permeable materials that allow for infiltration and reduce runoff. Permeable materials must be compacted or secured in such a way as to avoid spreading over any portion of a public sidewalk or street. Appropriate landscaping includes the use of native planting or compatible species of drought-tolerant plants, and synthetic grass with lifelike individual blades of grass that emulates real grass and has a pile height of one and three-fourths-inch or more.

A solid perimeter fence six feet in height may be provided along the side and rear lot lines. The fence must be reduced to four feet in height in the required front yard.

Landscaping must consist of combinations of trees, shrubs, and ground covers with careful consideration given to eventual size and spread, susceptibility to disease and pests, and durability and adaptability to existing soil and climatic conditions. A list of suitable plant materials may be obtained from the Planning Division.

If a manual or automatic irrigation system is installed such system must be a low flow or drip irrigation system.

Required in the R-2 and R-3, subject to the following standards:

All open areas, except driveways, parking areas, walkways, utility areas, improved decks, patios, porches, or play areas, must be maintained with a combination of appropriate vegetative landscaping and permeable materials such as mulch, decomposed granite, gravel, stones, and similar permeable materials that allow for infiltration and reduce runoff. Permeable materials must be compacted or secured in such a way as to avoid spreading over any portion of a public sidewalk or street. Appropriate landscaping includes at a minimum: two specimen trees, minimum 24 inch box size, per each dwelling unit; one five-gallon shrub per 40 square feet of the area to be landscaped; approved ground cover planted at a density to achieve 50% of land area coverage within one year; and grass area within the 25 foot front yard setback across the substantial width of the lot, with a depth of a minimum of 15 feet from the back of the sidewalk. Appropriate landscaping includes the use of native planting or compatible species of drought-tolerant plants, and synthetic grass with lifelike individual blades of grass that emulates real grass and has a pile height of one and three-fourths-inch or more upon approval of the City Planner.

A solid perimeter masonry wall six feet in height must be provided along the side and rear lot lines. The wall must be reduced to four feet in height in the required front yard. A landscaping strip not less than three feet in width must be placed adjacent to the perimeter wall. Shrubs or vines not smaller than five-gallon capacity must be planted not farther apart than six feet along the entire perimeter of the side and rear property lines. Alternatively, or in combination with shrubs and vines, the perimeter must be planted with low ground cover and trees not smaller than 24 inch box size, planted not farther apart than 16 feet along the lot lines.

All driveway planters must be bordered by a minimum six-inch-high concrete curb.

Whenever a driveway is located within a required side yard, and when primary living space(s) face the yard, a landscaped area at least six feet wide must be maintained between such a driveway and the building, except when the driveway is contiguous to parking spaces. Required walkways may encroach not more than 36 inches into such landscaped area.

A planting strip not less than 18 inches in width must be installed and continuously maintained along both sides of an unenclosed parking space located between two residential buildings on the same lot.

A permanent automatic irrigation system must be installed and maintained for all landscaped areas. A low flow or drip irrigation system must be installed to reduce water consumption.

Before the City issues a building permit, complete landscaping and irrigation plans, signed by a landscape contractor and/or landscape architect, must be submitted for City Planner approval. The plans must show the location of turf, trees, shrubs, walks, fences and any ponds, fountains or other decorative features; list the botanical and common names of all plants with the quantity of each and their container size; indicate soil preparation necessary; provide a typical planting detail for trees and shrubs; and clearly portray the location, coverage and specifications of the permanent, automatic irrigation system. All landscaping and irrigation systems shown on approved plans must be installed as required by the City Planner.

Landscaping consisting of combinations of evergreen trees, shrubs, and ground covers with careful consideration given to eventual size and spread, susceptibility to disease and pests, and durability and adaptability to existing soil and climatic conditions. All plant material must be drawn from the list of suitable plant materials provided by the Planning Division, exceptions for the use of other plant material is allowed only upon approval of the City Planner.