The purpose of this article is to achieve the following:
(a) 
Ensure adequate light, air, privacy and open space for each dwelling unit.
(b) 
Minimize traffic congestion and avoid overloading of public services and utilities.
(c) 
Protect residential neighborhoods from excessive noise, illumination, unsightliness, odor, smoke and other objectionable influences.
(d) 
Locate development which retains the scale and character of existing residential neighborhoods and facilitates the upgrade of declining and mixed-density residential neighborhoods.
(e) 
Provide for the creation and ministerial consideration of accessory dwelling units in the R1 (Single-Family Residential District) and R2-MD (Multiple-Family Residential District, Medium Density) at the allowable general plan density for the lot.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 11-10, § 1, 9-20-11; Ord. No. 18-03, § 4, 1-16-18)
Table 13-32 identifies development standards in the residential zones, with the exception of development standards for common interest developments (see Article 2, residential common interest developments. See also Article 9, general site improvement standards of this chapter for additional requirements for all the residential zones.
TABLE 13-32
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS
R1
R2-MD
R2-HD
R3
Minimum Lot Area
6,000 square feet
12,000 square feet
12,000 square feet
12,000 square feet
Minimum Lot Area for newly subdivided lots
6,000 square feet
12,000 square feet
12,000 square feet
12,000 square feet
Minimum Lot Width for newly subdivided lots
Interior lot: 50 feet
Corner lot: 60 feet
Note: All newly subdivided lots shall have frontage on a dedicated street equal to, or in excess of, the required minimum lot width. An exception to this requirement is when the existing R-1 lot (that is proposed to be subdivided) has an average depth that equals to or exceeds 200 feet
Interior lot: 100 feet Corner lot: 100 feet
Note: All newly subdivided lots shall have frontage on a dedicated street equal to, or in excess of, the required minimum lot width; with the exception of common interest developments.
Maximum Number of Stories & Building Height
2 stories/27 feet for residential land uses. The maximum number of stories and building height for nonresidential land uses shall be determined in conjunction with the conditional use permit review process.
Note: Lofts, as defined in section 13-6, without exterior access and having only clerestory windows will not be regarded as a story. See also Attic discussion below.
Attics
Attics shall not be heated or cooled, nor contain any electrical outlets, or operable windows. Attics above second stories shall be an integral part of the second story roofline and not appear as a third story on any building elevation. Windows in any attic space above the second story shall be incidental and limited to a dormer style.
Maximum Density (Based on gross acreage.)
1 dwelling unit per 6,000 square feet (Note: Only 1 dwelling unit is permitted per lot.)
1 dwelling unit per 3,630 square feet 1 unit per 3,000 square feet for legal lots existing as of March 16, 1992, that are less than 7,260 square feet in area but not less than 6,000 square feet in area.
1 dwelling unit per 3,000 square feet
1 dwelling unit per 2,178 square feet
Minimum Open Space
40% of total lot area
40% of total lot area.
Distance Between Buildings
10-foot minimum between main buildings
6-foot minimum between main buildings and accessory structures
Driveway width
For all individual driveways: Ten-foot minimum width
For lots less than 50 feet wide: 26-foot maximum width1
For lots greater than 50 feet wide: Driveway width shall be a maximum of 50 percent of the lot width, or a maximum 36-foot width, whichever is less.1
Same as R1, except 16-foot minimum driveway is required if the driveway serves tenants and/or guest parking for more than one dwelling unit
Driveway length
Straight-in driveways to garages shall have a minimum length of 19 feet from the ultimate property line.
Storage
Not applicable.
Each unit shall be provided with 200 cubic feet of securable storage exterior to the unit. If this storage is provided within the garage or carport it shall be located so as not to obstruct the required clear dimensions of the covered parking space (per the City of Costa Mesa Parking Design Standards) at any point less than 4 feet above the finished surface level of the parking stall.
Mechanical equipment, excluding antennas and flush-mounted solar panels on roofs
Roof-top location is prohibited on single-family dwelling units.
All other locations: Screening required from public rights-of-way and adjacent properties. Antennas are subject to Chapter IX, Article 2, antennas.
SETBACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum distances given, unless otherwise noted. All setbacks from streets are measured from the ultimate property line shown on the master plan of highways).
Front
20 feet
20 feet
20 feet
20 feet
Side
Interior property line: 5 feet. Note: Accessory structures that do not exceed 6 1/2 feet in height in the R1 zone or 15 feet in height in the other residential zones may have a zero side setback.
Property line abutting a public street: 10 feet. Note: Driveways providing straight-in access from a public street to a garage shall be at least 19 feet long, as measured from the property line.
Property line abutting an alley: 5 feet
Rear (not abutting a publicly dedicated alley)
20 feet for 2 story structures.
10 feet for 1 story structures (15 foot maximum height) provided that maximum rear yard coverage is not exceeded.
Note: Accessory structures that do not exceed 6 1/2 feet in height in the R1 zone or 15 feet in height in the R2 zones may have a zero rear yard setback, except on corner lots in the R2 zones.
Corner lots in the R2-MD, R2-HD & R3 zones:
a. Where the rear property line of a corner lot adjoins the side property line of another lot, no detached accessory structure shall be allowed on the corner lot, except within the rear quarter of the corner lot farthest from the side street.
b. Where the rear property line of a corner lot abuts a public or private street, accessory structures shall maintain setbacks for main structures.
15 feet for 2 story structures.
10 feet for 1 story structures (15-foot maximum height). Note: Accessory structures that do not exceed 15 feet in height may have a zero rear yard setback, except on corner lots (see R2-MD and R2-HD column for setbacks for corner lots).
Rear yard coverage (maximum)
Rear (not abutting a publicly dedicated alley, street, or park):
Main Buildings: 25% of rear yard area.*
Accessory Buildings: 50% of rear yard area.*
*Rear yard area equals lot width, measured from side property line to side property line, multiplied by 20 feet.
Rear abutting a publicly dedicated alley, street, or park: Not applicable
Not applicable
Rear abutting a publicly dedicated alley, street, or park
5 feet; however, garages may be required to setback further to ensure adequate back up distance. Rear Yard Coverage does not apply.
Note: Accessory structures that do not exceed 6 1/2 feet in height in the R1 zone or 15 feet in height in the other residential zones may have a zero rear yard setback, except on corner lots in the R2 and R3 zones where accessory structures shall maintain setbacks for main structures.
Bluff top setback
No building or structure closer than 10 feet from bluff crest (see section 13-34 BLUFF-TOP DEVELOPMENT).
PROJECTIONS (Maximum depth of projections given)
Roof or eaves overhang; awning
2 feet 6 inches into required side setback or building separation area.
5 feet into required front or rear setback.
Open, unenclosed stairways.
2 feet 6 inches into required setback or building separation area.
Chimneys
2 feet above maximum building height.
Fireplaces
2 feet into required setback or building separation area.
PARKING STANDARDS (See Chapter VI).
LANDSCAPING (See also Chapter VII).
Landscaping Required.
All unpaved areas visible from the public right-of-way shall be landscaped and the landscaping shall be maintained in a healthy condition, free of dying, dead, diseased, decayed, discarded, and/or overgrown vegetation.
See Chapter VII, LANDSCAPING.
SIGNS (See Chapter VIII).
POOLS AND SPAS
Above-ground pools and spas shall not be located in the required front yard setback from a public street and are subject to 5-foot side and 10-foot rear yard setbacks for main structures. Additional setbacks may be applicable pursuant to building code requirements.
RAISED DECKS
Any raised deck with a finished floor height of 18 inches or greater, as measured from finished grade, shall comply with the main building setback requirements for the underlying zone.
FENCES AND WALLS
Fences and walls placed between the property line and required setback line for main buildings shall conform [to] the city's walls, fences, and landscaping standards.
See ARTICLE 9, GENERAL SITE IMPROVEMENT STANDARDS, of this chapter for further information.
1 The maximum driveway width standards are only applicable to the construction of new single-family residences.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 01-16, §§ 1f., g., 6-18-01; Ord. No. 02-4, § 1c, 3-18-02; Ord. No. 02-9, § 1a, 7-1-02; Ord. No. 03-8, § 4, 9-2-03; Ord. No. 05-3, § 1c., 2-7-05; Ord. No. 09-4, § 1b., 5-5-09; Ord. No. 21-20, § 1, 12-7-21; Ord. 2025-07, 10/21/2025)
The city council may adopt general standards that may be applied to group home applications on a case-by-case basis. The final review authority may use these standards to impose conditions upon discretionary approvals to achieve the purposes set forth in section 13-31 and to maintain neighborhood stability and cohesiveness by regulating transient residents.
(Ord. No. 00-5, § 1(c), 3-20-00)
The following standards are applicable to referral facilities:
(a) 
No referral facility may be located within 500 feet of property that is as zoned as R-1 or PDR-LD, or within 500 feet of a school, park, place of worship, or licensed day care facility.
(b) 
A referral facility must have a manager on site, 24 hours every day to ensure the orderly operation of the facility and its compliance with all applicable laws, regulations, and conditions.
(c) 
No referral facility shall admit a resident who has been convicted of any crime involving physical force against a person, illegal possession of a weapon, possession, or use of a weapon in the commission of a crime, or a felony involving a controlled substance.
(Ord. No. 00-5, § 1(d), 3-20-00)
(a) 
Accessory buildings or structures constructed closer than 75 feet from the front property line or on the front one-half (½) of the lot, whichever is less, shall be reviewed by the planning division for adequate screening and compatibility with the main structure.
(b) 
Underground structures including fallout shelters shall be allowed to be constructed on any part of the lot provided they are built below grade level.
(c) 
Shipping containers are prohibited in residential zones.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 9, 3-2-98)
No building or structure shall be constructed closer than 10 feet from a bluff crest, unless permitted by a minor conditional use permit. Approval of the minor conditional use permit requires satisfaction that the building or structure will not:
(a) 
Endanger stability of the slope;
(b) 
Substantially interfere with access for fire protection; and
(c) 
Detract from the visual identity and integrity of the bluffs.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 10, 3-2-98)
(a) 
Purpose, general plan consistency, definitions.
(1) 
Purpose and interpretation. The intent of this section is to ensure that accessory dwelling units (ADUs) and Junior ADUs remain as an accessory uses in residential and mixed-use zones, that the structures on parcels are organized to accommodate an ADU and/or Junior ADU, and that such dwelling units do not adversely impact surrounding residents or the community. This section 13-35 is intended to retain the ability of the city to regulate ADUs in terms of design, aesthetics, massing and integration with existing structures and to comply with the requirements of state law.
(2) 
General plan consistency. In adopting these standards, the city recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The city finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to ADUs, and that the amendment furthers the goals, objectives, and policies of the general plan housing element.
(3) 
Definitions. For purpose of this section 13-35 only:
a. 
The terms "accessory dwelling unit" (ADU), "public transit," "passageway" and "tandem parking" all have the same meaning as that stated in Government Code section 66313 as that section may be amended from time to time.
b. 
"Junior ADU" shall have the same meaning as that stated in Government Code section 66313(d) as that section may be amended from time to time.
c. 
A structure is considered "existing" if a building permit was issued and finalized before an ADU or JADU application is submitted under this section.
d. 
The terms "single-family dwelling" and "multifamily dwelling" exclude all detached accessory structures.
e. 
The term "single-family dwelling" is a dwelling (excluding any ADU or Junior ADU) that is not attached to another dwelling. Single-family dwellings may include detached single-family homes where there is more than one primary dwelling on a lot.
f. 
A "multifamily dwelling" is a dwelling (excluding any ADU or Junior ADU) within a multifamily dwelling structure.
g. 
A "multifamily dwelling structure" is a structure which contains at least two lawful dwellings within the structure, excluding ADUs and Junior ADUs. Storage rooms, boiler rooms, passageways, attics, basements, garages and other non-habitable spaces are considered within a "multifamily dwelling structure" if such non-habitable spaces are within the same structure as at least two other multifamily dwellings.
(b) 
Accessory dwelling units.
(1) 
Residential and mixed use zones only. ADUs are permitted in single-family, multifamily, mixed-use zones (i.e., zones where single-family and/or multifamily dwellings are allowed), and within approved master plan sites with residential uses in other zones, and only on a legal lot with proposed or existing residential dwelling(s) which will remain on site. By way of illustration only, the zones where accessory dwellings are allowed are shown on the Citywide Land Use Matrix at section 13-30. If there is any conflict between the requirement that ADUs be approved in (and only in) zones where single-family and multifamily dwellings are allowed and the Land Use Matrix, the former shall control.
(2) 
Reserved.
(3) 
Ministerial. Any application for an ADU that meets the requirements of this section shall be approved ministerially by the city by applying the standards herein and without a public hearing or notice of decision or zoning approval in compliance with Government Code section 66317.
(4) 
Maximum number of dwelling units. The following is the maximum number of ADUs and or Junior ADUs allowed on any lot.
a. 
Single-family. One detached, new construction ADU, one conversion ADU, and one junior ADU may be permitted on a lot with a proposed or existing single-family dwelling subject to the following:
1. 
Conversion within a single-family dwelling.
(i) 
An ADU and Junior ADU may be within the existing footprint of a lawful single-family dwelling. Alternatively, an ADU may be within a lawfully constructed existing detached accessory structure; in this case up to 150 square feet may be added beyond the physical dimensions of the existing accessory structure solely to accommodate ingress and egress to the ADU; and
(ii) 
ADUs and Junior ADUs must have independent exterior access from the single-family dwelling, and have side and rear setbacks sufficient for fire safety; and
2. 
New construction (attached or detached). One new construction ADU may be permitted on a lot with proposed or existing single-family dwelling. One new construction Junior ADU may be allowed on the lot if the Junior ADU is to be in a single-family dwelling that meets all applicable legal standards.
b. 
Multifamily. One ADU is allowed within new construction residences where, after construction, there will be at least two residences on the lot (e.g. detached residential structures, duplexes, apartments); up to two ADUs are allowed with such structures pursuant to subsection 2, below. For lots with an existing legal multifamily dwelling (e.g., a legal non-conforming multifamily dwelling), the applicant may have ADU(s) pursuant to the following:
1. 
Maximum ADUs within existing multifamily dwelling structure. No more than 25%, with any partial unit rounded down) of the number of existing multifamily dwelling units on the lot, but at least one unit, shall be permitted as ADU(s) constructed within the enclosed nonlivable space (e.g., a space in a dwelling not intended for human habitation, including living, sleeping, eating, cooking, or sanitation)) of the existing multifamily dwelling structures; or
2. 
Maximum detached ADUs. No more than eight detached ADUs are permitted, provided that the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot. The units shall be detached from every residence on site (but need not be detached from each other) with the exception of one ADU, which may be attached to the multifamily dwelling structure. This section shall apply to detached structures that are converted and new construction detached ADUs. Conversion detached ADUs are not subject to height, setbacks, and maximum square footage; or
(5) 
Maximum size.
a. 
Single-family.
1. 
Detached. For lots with a proposed or existing single-family dwelling, a detached ADU shall not have more than 1,200 square feet.
2. 
Attached. An ADU attached to a single-family dwelling shall be no more than the greater of 50% of the square footage of the existing single-family dwelling or 1,000 square feet.
b. 
Multifamily, new construction.
1. 
Detached. For lots with an existing legal multifamily dwelling structure the maximum square footage for a detached ADU is 850 square feet or 1,000 square feet for an ADU that provides more than one bedroom, except as allowed in Government Code section 66323; or
2. 
Attached. For lots with an existing legal multifamily dwelling structure, an attached ADU shall not exceed the greater of 1,000 square feet or 50% of the average floor area of the existing multiple family dwelling units.
c. 
Interior conversions. Notwithstanding subsections a and b immediately above, ADUs which are converted from space entirely within existing structures, and ADUs entirely within proposed lawful single-family dwellings, are not subject to a limit on maximum square footage.
(6) 
Minimum size.
a. 
ADUs may be efficiency units. Notwithstanding the general limitation on efficiency units being no smaller than 220 square feet, ADUs may also be less than 220 square feet, provided that they are no smaller than 150 square feet, and comply with all other legal requirements.
(7) 
Conversions of dwelling units.
a. 
Total conversion of single-family dwelling. An entire existing single-family dwelling may be converted to an ADU if the ADU complies with all applicable requirements of this section and a new single-family residence with a total gross floor area exceeding that of the ADU is constructed in full compliance with code requirements.
b. 
Partial conversion/addition. A portion of the existing single-family or multifamily dwelling may be converted to an ADU with new additional square footage, which additional square footage shall comply with all standards applicable to the underlying zone, and all converted square footage shall comply with standards applicable to conversions. The maximum square footage of the ADU shall be based upon the size of the existing dwelling before construction of the ADU addition.
(8) 
Short-term rentals prohibited. An ADU shall not be rented for periods of less than 31 days.
(c) 
Junior ADUs.
(1) 
Rule. Junior ADUs shall comply with the requirements of this subsection, in addition to the requirements of subsection (d) of this section 13-35.
(2) 
Maximum size. A Junior ADU shall not exceed 500 square feet in gross floor area.
(3) 
Owner occupancy requirement. The owner of a parcel proposed for a Junior ADU shall occupy as a primary residence either the primary dwelling unit or the Junior ADU. Owner-occupancy is not required if the owner is a governmental agency, land trust, or "housing organization" as that term is defined in Government Code section 65589.5(k)(2), as that section may be amended from time to time.
(4) 
Short-term rentals prohibited. A Junior ADU shall not be rented for periods of less than 31 days unless otherwise authorized by the municipal code.
(5) 
Location of Junior ADU. A Junior ADU shall be entirely within an existing or proposed single-family dwelling, including an attached garage.
(6) 
Kitchen requirements. A Junior ADU shall include an efficiency kitchen, including a cooking facility with appliances, outlet for a small refrigerator, food preparation counter and storage cabinets that are of reasonable size in relation to the size of the Junior ADU.
(7) 
Parking. No additional parking is required beyond that already required for the primary dwelling.
(8) 
Fire protection; utility service. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a Junior ADU shall not be considered a separate or new unit, unless the Junior ADU was constructed in conjunction with a new single-family dwelling. No separate connection between the Junior ADU and the utility shall be required for units created within a single-family dwelling, unless the Junior ADU is being constructed in connection with a new single-family dwelling.
(9) 
Exterior and interior access. The Junior ADU shall include an exterior entrance separate from the main entrance to the single-family dwelling. If the Junior ADU shares bathroom facilities with the main dwelling, the Junior ADU shall also have interior entry to the main dwelling's living area.
(d) 
Development standards and requirements. The following development standards shall not apply to a unit built subject to Government Code section 66323(a), which includes: (1) all converted ADUs (converted accessory structures are eligible for a 150 square foot expansion for purposes of ingress and egress); (2) all converted Junior ADUs (JADUs); (3) maximum 800-square-foot, new-construction, detached ADUs with four-foot side and rear setbacks and height not exceeding 18 feet (two additional feet of height may be permitted to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary unit), with single-family primary dwellings; and (4) detached units with multifamily primary dwelling structures with four-foot side and rear setbacks and height not exceeding 18 feet (two additional feet of height may be permitted to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary units). Otherwise, all other ADUs must comply with the following requirements unless the below standards and requirements preclude the development of an 800 square foot ADU with four-foot side and rear setbacks:
(1) 
Ministerial project. Any application for an ADU or Junior ADU that meets the requirements of this section or as permissible in Government Code section 66332 shall be approved without a public hearing.
(2) 
Application by owner. An application for a building permit for an ADU or Junior ADU building permit shall be made by the owner of the parcel on which the primary unit sits and shall be filed with the city on a city-approved application form and subject to the established fee set by city council resolution as it may be amended from time to time.
(3) 
Separate sale prohibited. Except as otherwise provided by law, ADUs and Junior ADUs may not be sold or otherwise conveyed separate from the primary residence.
(4) 
Utilities.
a. 
All ADUs and Junior ADUs must be connected to public utilities (or their equivalent), including water, electric, and sewer services.
b. 
Except as provided in subsection c immediately below, the city may require the installation of a new or separate utility connection between the ADU and the utility. For Junior ADUs, see subsection (c)(8), above.
c. 
No separate connection between the ADU and the utility shall be required for units created within a single-family dwelling, unless the ADU is being constructed in connection with a new single-family dwelling.
d. 
Each ADU and Junior ADU shall have a separate mailing address as assigned by the city.
(5) 
Recorded covenants. Prior to final inspection and occupancy of JADUs, the owner shall file with the county recorder, in a form approved by the city attorney, a covenant which does all of the following:
a. 
Prohibit the sale of Junior ADU separate from the single-family residence; and
b. 
Unless subsequently prohibited by an amendment to state law, the JADU shall be considered legal only as long as either the primary residence or the JADU is occupied by the owner of record unless the owner is another governmental agency, land trust, or housing organization; and
c. 
Restrict the JADU to the maximum size allowed by Municipal Code section 13-35, as it may be amended from time to time; and
d. 
Confirm that the restrictions shall be binding upon any successor in ownership of the property, and lack of compliance shall result in legal action against the property owner for noncompliance.
(6) 
Passageway. No passageway shall be required in conjunction with the construction of an ADU.
(7) 
Building permits required. Applications for ADUs and Junior ADUs shall conform to the requirements for, and shall obtain, a building permit consistent with the requirements of Title 5 (Buildings and Structures). By way of reference only, current requirements generally require all dwellings to have no less than 220 square feet. Fire sprinklers shall not be required for ADUs or JADUs if they are not required for the primary residence. The construction of an ADU or JADU alone shall not trigger the requirement for sprinklers in the primary residence.
(8) 
Setbacks.
a. 
None. No setbacks are required for either: (1) those portions of ADUs that are created by converting existing living area or existing accessory structures to a new ADU; or (2) constructing new ADUs in the same location, while not exceeding the existing dimensions of an existing structure, including height. Notwithstanding the foregoing, ADUs shall, at minimum, comply with setbacks that are sufficient for fire and life safety.
b. 
Other setbacks. For all other ADUs, there shall be a minimum of setbacks of four feet from side and rear property lines and full compliance with all applicable front yard setbacks for the underlying zone (except as required by (Cal. Gov't. Code, § 66321, subd. (b)(3)). Second floor ADUs shall provide setbacks in conformance with the underlying zone. All mechanical equipment associated with the ADU shall maintain the minimum setbacks.
c. 
Distance between structures. The minimum required distance between a detached ADU and the primary dwelling unit, and all other structures on the property, including garages, shall be six feet unless otherwise established by the California Building Code.
(9) 
Height. Except as authorized in subsection b, below, in no event may any portion of a new construction ADU exceed 27 feet or two stories. Furthermore, except as authorized in subsection a and b, below, an ADU shall be entirely only on the first floor.
a. 
Second floor or two-stories. An ADU on a lot which has an existing lawfully constructed dwelling, may be in whole or in part on a second floor, or be a two-story ADU, if all five of the following occur:
1. 
All portions of the ADU structure on a second floor are at least 25 feet from the front property line; and
2. 
Each stairwell for the ADU is interior or complies with subsection (10), below; and
3. 
The second floor of any portion of the ADU, if built above a detached garage, does not exceed the footprint of the garage; and
4. 
No windows are installed on the second floor on side elevations if such windows are within 25 feet of a neighboring dwelling and face the neighboring property unless such windows have a minimum sill height of at least five feet; and
5. 
The second floor (or the entire two story ADU as applicable) meets the setbacks applicable to additions for the underlying zone.
b. 
Within structure. The ADU is built entirely within either:
1. 
A proposed or existing lawfully constructed single-family dwelling, except that an external stairwell to the ADU which meets all requirements of this Code, including the requirements of subsection (10), below, may be constructed to allow access to the ADU; or
2. 
The non-habitable space of an existing multifamily structure or within an accessory structure on a lot with a multifamily structure.
(10) 
Exterior stairways, balconies.
a. 
Exterior stairways. A new exterior stairway to a second-floor ADU shall not be located on a front facade within 20 feet of a property line abutting a public right of way. Second floor landings using an exterior stairway shall be kept to the minimum size required to comply with applicable codes. Stairways and landings shall incorporate screening materials designed to eliminate views into abutting properties. Stairways and landings, which exceed building code minimum sizes, are prohibited. Stairways and landings shall not be counted toward residential open space requirements.
b. 
Balconies. New balconies which face the street and are located at the front of the main residential structure are permitted provided that the balcony be set back a minimum of 20 feet from the front property line. On corner properties, balconies may face the side street provided that they maintain the setback for the underlying zone. Balconies within 25 feet of a neighboring residence shall incorporate screening to ensure there are no direct views into the abutting property. New construction balconies that are not facing the front of the property or a side street, are prohibited.
c. 
Roof decks. No new roof decks are allowed for ADUs.
(11) 
Architectural standards.
a. 
Attached and detached ADUs. Attached and detached ADUs shall have the same materials, finishes, and colors as the primary dwelling.
b. 
New construction Junior ADUs. New construction Junior ADUs shall match exterior appearance with the primary unit in terms of materials, finishes, and colors within the same property on which it is proposed to be constructed.
(12) 
Recommended garage conversion design considerations.
a. 
Blank facade. When a garage is converted to an ADU, if the facade of the converted garage is visible from a public right-of-way, the following design considerations are recommended:
1. 
Be covered with landscaping that covers at least 50% of the wall, or
2. 
Include openings of at least 10% of the facade with at least one door that complies with section (13) below or one window which matches the material and design of the existing windows on the residence.
(13) 
Driveway removal. If a driveway leading to a garage being converted to an ADU is removed, it must be replaced with landscaping or open space, and the curb cut and driveway apron must be removed and replaced with a curb and gutter and parkway which meets city standards. If a driveway is partially removed, the remaining driveway must provide the minimum parking dimensions per subsection (15) below.
(14) 
Entry. The entrance to an ADU or Junior ADU shall match the materials and color of the primary residence(s), not be located on the same building elevation as the main entrance of the primary residence(s) and shall be located along the building side, rear, or within the interior of the property, unless the economic and development services director approves an alternative configuration due to unique development circumstances.
(15) 
Parking.
a. 
The owner may provide parking that is at least eight and a half (8.5) feet wide and 18 feet long and may be provided as:
1. 
Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk; or
2. 
Within a setback area or in locations determined feasible by the city. Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions, or that such parking is not permitted anywhere else in the city.
b. 
When any parking space or parking structure is converted or demolished in conjunction with the construction of an ADU or converted to an ADU, the off-street parking spaces do not have to be replaced, notwithstanding any other provision of this code to the contrary (e.g., the definition of "driveway" in section 13-6, Table 20-8(c) a driveway does not lose its status as a lawful "driveway" if it leads to a structure that was either converted from a garage into either an ADU or Junior ADU or demolished in conjunction with the construction of an ADU or Junior ADU. In no event shall the demolition of a parking space or parking structure be considered "in conjunction with" the construction of an ADU if the ADU will not be constructed within any portion of the footprint of the demolished garage.
(16) 
Non-conforming. The city shall not require, as a condition of a permit for an ADU or Junior ADU the correction of nonconforming development standards.
(17) 
Open space and landscaping. ADUs which exceed 800 square feet in gross floor area shall meet the open space requirements of section 13-32 and shall be subject to provide landscaping as required in section 13-106.
(Ord. No. 11-10, § 1, 9-20-11; Ord. No. 18-03, § 5, 1-16-18; Ord. No. 21-03, § 3, 3-2-21; Ord. No. 23-03, § 2, 2-21-23; Ord. 2025-02, 4/1/2025; Ord. 2025-07, 10/21/2025)
(a) 
For purposes of this section, the following definition shall apply:
1. 
"Housing development" shall mean no more than two primary residential units within a single-family zone that meets the requirements of this section. The total number of units, including ADUs and JADUs, shall not exceed four.
(b) 
The city shall ministerially approve a housing development containing no more than two residential units if it meets the following requirements:
1. 
The parcel is located within a single-family residential zone.
2. 
The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.
3. 
The parcel is not located in any of the following areas and does not fall within any of the following categories:
a. 
A historic district or property included on the State Historic Resources Inventory, as defined in section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.
b. 
Prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B).
c. 
Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
d. 
A hazardous waste site that is listed pursuant to section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
e. 
A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.
f. 
A special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
i. 
The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
ii. 
The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4(a)(6)(G)(ii);
g. 
A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with 44 C.F.R. § 60.3(d)(3). If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.
h. 
Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code section 65913.4(a)(6)(l).
i. 
Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with section 1900) of Division 2 of the Fish and Game Code).
j. 
Lands under a conservation easement.
4. 
The proposed housing development would not require demolition or alteration of any of the following types of housing:
a. 
Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
b. 
Housing that is subject to any form of rent or price control by the city;
c. 
A parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application; or
d. 
Housing that has been occupied by a tenant in the last three years.
5. 
Demolition of an existing unit shall not exceed more than 25% of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.
(c) 
Standards and requirements. Except where superseded by the following provisions, two-unit housing development pursuant to Government Code section 65852.21 shall comply with development standards applicable to the R1 Single-Family Residential District including, but not limited to, Section 13-32 of this code:
1. 
No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
2. 
Except for those circumstances described in subsection (c)(1) above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the R-1 Single-Family Residential District standards.
3. 
The applicant shall provide easements for the provision of public services and facilities as required.
4. 
All lots shall have a minimum street frontage of 10 feet to provide for vehicular access, or 16-foot if the driveway serves two units. For a lot without physical street frontage, access to street frontage shall be provided by the granting of a duly recorded permanent easement for ingress and egress purposes in favor of the lot without physical street frontage.
5. 
In order to preserve the city's inventory of on-street parking, existing and proposed development pursuant to Government Code section 65852.21 shall be limited to one driveway ingress/egress per resultant lot.
6. 
Required off-street parking shall consist of at least one garage space per unit and the location and configuration of such parking shall be in compliance with the provisions of this code, except that no parking requirements shall be imposed in either of the following circumstances:
a. 
The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or
b. 
There is a car share vehicle located within one block of the parcel.
7. 
For residential units connected to an on-site wastewater treatment system (septic tank), the applicant provides a percolation test completed within the last five years, or if the percolation test has been recertified, within the last 10 years, which shows that the system meets acceptable infiltration rates.
(d) 
The city shall not require or deny an application based on any of the following:
1. 
The city shall not impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. If the city determines that the strict application of objective zoning, subdivisions or design standards would physically preclude the development of two units on a lot each with a minimum unit size of 800 square feet, the city may ministerially allow deviations from development standards generally applicable to the R-1 zoning district pursuant to city policies and/or regulations implementing this section if such deviation is in compliance with applicable building and fire code standards and regulations and if there are no other feasible means of complying with state law.
2. 
The city shall not deny an application solely because it proposes adjacent or connected structure provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.
(e) 
An applicant shall be required to sign an affidavit in a form approved by the city attorney to be recorded against the property stating the following:
1. 
That the uses shall be limited to residential uses.
2. 
That the rental of any unit created pursuant to this section shall be for a minimum of 31 days.
3. 
That the maximum number of units to be allowed on the parcels is two, including, but not limited to, units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to section 13-35.
(f) 
The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(g) 
The provisions of this section supersede any contrary provisions contained elsewhere in this code.
(Ord. No. 21-20, § 1, 12-7-21; Ord. 2025-07, 10/21/2025)
Applications for large family day care homes shall be submitted to the planning division for development review per Chapter III, Planning Applications, prior to the commencement of the use. A large family day care home may only be permitted in a single-family dwelling and shall not be located within 700 feet of an existing large family day care home on the same street or block, unless the applicant applies for and obtains approval of a minor conditional use permit. Pursuant to section 1597.46 of the State Health and Safety Code, a large family day care home shall not be subject to provisions of the California Environmental Quality Act.
The city council may adopt general standards that may be applied to large family day care home applications on a case-by-case basis. The final review authority may use these standards to impose conditions upon the approval to achieve the purposes set forth in section 13-31 and to maintain neighborhood stability and cohesiveness.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 02-5, § 1a, 3-18-02)
(a) 
If the proposed residential project is to be located in proximity to a freeway, major arterial, airport or any other source of significant noise, an acoustical evaluation of the working drawings may be required to be submitted by an acoustical engineer for approval by the city. The noise levels shall certify that the construction will reduce interior noise levels to 45 CNEL and exterior noise levels to 65 CNEL.
(b) 
(Reserved)
(c) 
Additional conditions or special requirements may be reasonably applied by other city departments (e.g., fire department) to ensure that the proposed residential development is compatible and harmoni-ous with existing developments in the vicinity, and to protect the public health, safety and general welfare. If such conditions are applied, the conditions must be fulfilled or a security posted to ensure completion of the conditions to the satisfaction of the appropriate department prior to final occupancy.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 01-16, § 1h., 6-18-01; Ord. No. 02-9, § 1b, 7-1-02)