City of Santee, CA Chapter 13.10 RESIDENTIAL DISTRICTS

§ 13.10.010 Purposes and General Plan consistency.

The General Plan outlines goals and objectives, with regard to residential uses and development. This chapter is intended to implement these General Plan goals and objectives through the following purposes:

A. Facilitate development in accord with the General Plan with greater flexibility and encourage more creative community design than under conventional zoning or subdivision regulations.

B. Promote economical and efficient use of the land while providing a harmonious variety of housing choices, mixed-use development, urban services, preservation of natural and scenic qualities of open spaces and areas or structures of historical significance.

C. Promote design and construction techniques that are responsive to the environmental resources of the site, and encourage energy conservation through solar and other renewable energy sources.

D. To promote development compatible with surrounding neighborhoods and protect neighborhoods from harmful encroachment by intrusive or disruptive development.

E. It is intended that land use shall be managed with respect to location, timing, and density/intensity of development in order to be consistent with the capabilities of the City and special districts to provide services, to create communities where a diverse population may realize common goals, and to achieve sustainable use of environmental resources both within and outside of the City.

(Ord. 566 § 3, 2019)

§ 13.10.020 Residential consistency districts.

These districts have been created to implement the goals, objectives and land use designations of the General Plan. In addition, each district is designed to implement the density limits of each district.

A. The HL (Hillside/Limited Residential) district is intended for residential development in areas that exhibit steep slopes, rugged topography and limited access. Residential uses are characterized by rural large estate lots with significant permanent open space area, consistent with the constraints of slope gradient, soil and geotechnical hazards, access, availability of public services and other environmental concerns.

B. The R-1 (Low Density Residential) district is intended for residential development characterized by single-family homes on one-half acre lots or larger which are responsive to the natural terrain and minimize grading requirements. The intent of this designation is to provide development of a semi-rural character through the use of varying setbacks and dwelling unit placement on individual parcels.

C. Low-Density Residential (R-1A)—(Two to Four Dwelling Units/Gross Acre). This designation is intended for residential development characterized by single-family homes on one-quarter acre lots or larger which provide a transitional option between the R-2 (6,000 square foot lot) and the larger R-1 (20,000 square foot lot) zones.

D. Low-Medium Density Residential (R-2)—(Two to Five Dwelling Units/Gross Acre). This designation is intended for residential development characterized by single-family homes in standard subdivision form. It is normally expected that the usable pad area within this designation will be a minimum of 6,000 square feet.

E. Medium Density Residential (R-7)—(Seven to 14 Dwelling Units/Gross Acre). This designation is intended for a wide range of multiple family residential development types including detached units in a planned residential development at the lower end of the density range and attached units at the higher end of the density range. Areas developed under this designation should exhibit adequate access to streets of at least collector capacity and be conveniently serviced by neighborhood commercial and recreational facilities.

F. Medium High Density Residential (R-14)—(14 to 22 Dwelling Units/Gross Acre). This designation is intended for residential development characterized at the lower end of the density range by multiple family attached units and at the upper end of the density range by apartment and condominium buildings. It is intended that this category utilize innovative site planning, provide on-site recreational amenities and be located in close proximity to major community facilities, business centers and streets of at least major capacity.

G. High Density Residential (R-22)—(22 to 30 Dwelling Units/Gross Acre). This designation is intended for residential development characterized by mid-rise apartment and condominium buildings characteristic of urban high density development in close proximity to community facilities and services, public transit services, and major streets. It is intended that this category utilize innovative site planning and building design to provide on-site recreational amenities and open space.

H. Urban Residential (R-30)—(30 to 36 Dwelling Units/Gross Acre). This designation is intended for residential development characterized by mid-rise apartment and condominium development typical of urban development at higher densities than R-22. This designation is intended for architecturally designed residential development, up to four stories, with parking facilities integrated in the building design. Areas developed under this designation would be located in close proximity to major community facilities, commercial and business centers and streets of at least major capacity. Development amenities would include on-site business centers, fitness and community rooms, and indoor and outdoor recreation facilities. Site design would implement pedestrian-friendly design concepts, including separated sidewalks, landscaped parkways, traffic calming measures, and enhanced access to transit facilities and services. Measures that reduce energy and water consumption are required. New development in this zone is required to meet the minimum density of the zone.

(Ord. 566 § 3, 2019; Ord. 580 § 4, 2020; Ord. 596 § 3, 2021; Ord. 604 § 4, 2022)

§ 13.10.030 Residential use regulations.

Uses listed in Table 13.10.030A shall be allowable in one or more of the residential districts as indicated in the columns beneath each residential district heading. Where indicated with the letter "P," the use shall be a permitted use in that district. Where indicated with the letter "C," the use shall be a conditional use subject to a conditional use permit in that district. Where indicated with the letters "MC," the use shall be a conditional use subject to a minor conditional use permit in that district. Where indicated with a dash "—," or if a use is not specifically listed in Table 13.10.030A and is not subject to the use determination procedure contained in Section 13.04.040, the use shall not be permitted in that district. This section shall not be construed to supersede more restrictive use regulations contained in the conditions, covenants, and restrictions of any property or dwelling units. However, in no case shall uses be permitted beyond those allowable in this section. In the event a given use cannot be categorized in one of the districts by the Director, the use determination procedure outlined in Section 13.04.040 shall be followed.

Table 13.10.030A Use Regulations for Residential Districts
Use	HL	R-1	R-1A	R-2	R-7	R-14	R-22	R-30
A. Residential Uses
1. Single-family dwellings	P	P	P	P	—	—	—	—
2. Multifamily dwellings (townhomes and detached condominiums)	—	—	—	—	P	P	P	P
3. Planned residential developments ("PRD")					P	P
4. Mobilehome parks (subject to provisions in Section 13.22.030)	C	C	C	C	C	C	C	—
5. Day care home, family	P	P	P	P	P	P	P	P
6. Residential care facility
Accessory—6 or less	P	P	P	P	P	P	P	P
Nonaccessory—7 or more	—	—	—	C	C	C	C	C
7. Boarding house	—	—	—	C	C	C	C	C
8. Congregate care facilities	—	—	—	—	C	C	C	C
B. Public and Semipublic Uses
1. Biological habitat preserve	P	P	P	P	P	P	P	P
2. Cemetery	C	C	C	C	C	C	C	—
3. Church	C	C	C	C	C	C	C	C
4. Club, lodge, fraternity and sorority	C	C	C	C	C	C	C	—
5. Convalescent facility	—	—	—	—	C	C	C	C
6. Day care center	C	C	C	C	C	C	C	C
7. Educational facility (private), excluding business and trade schools and commercial schools	C	C	C	C	C	C	C	C
8. Dormitory (if accessory to college or school)	C	C	C	C	C	C	C	C
9. Hospital	—	—	—	C	C	C	C	—
10. Mining, only in conjunction with an approved development or grading project	C	C	C	C	C	C	C	C
11. Outdoor recreation facility	C	C	C	C	C	C	C	—
12. Public buildings and facilities	C	C	C	C	C	C	C	C
13. Public park	C	C	C	C	C	C	C	C
14. Animal kennels, training schools, and breeding facilities	C	C	C	C	—	—	—	—
C. Agricultural Uses (on Lots of Two and One-Half Acres or More)
1. Animal care facility	C	C	C
2. Apiary (subject to Section 13.10.030(F))	P	P	P	P	P	P	P	—
3. Farms for orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture. Includes accessory retail sale of products raised on property, excluding retail nursery	P	P	P	P	P	P	P	—
4. Raising, grazing, breeding, boarding or training of large or small animals: except concentrated lot feeding and commercial poultry and rabbit raising enterprises, subject to provisions of Table 13.10.030B	P	P	P	P	P	P	P	—
5. Wholesale distributor and processing of nursery plant stock and retail nursery where incidental and contiguous to nursery stock propagation and/or wholesale distributor. Outdoor storage and display prohibited except for nursery plant stock	C	C	C	C	C	C	C	—
6. Stable, commercial	C	C
D. Accessory Uses in Conjunction With a Permitted Principal Use on the Same Site
1. Animal keeping, accessory to a permitted use (Section 13.10.030(F)(2))
a. Dogs and cats over four months old (not exceeding four cats and/or dogs combined)	P	P	P	P	P	P	P	P
b. Exotic or wild animals	C	C	C	C	C	C	C	—
c. Other pets (pursuant to Table 13.10.030B)	P	P	P	P	P	P	P	P
2. Antenna (pursuant to Section 13.34.070)	P	P	P	P	P	P	P	P
3. Accessory structure (see special requirements per Section 13.10.050)
a. Multifamily residential	—	—	—	—	P	P	P	P
b. Single-family residential
i. Maximum 50% of living area of primary residence	P	P	P	P	P	C	C	—
ii. Greater than 50% of living area of primary residence	MC	MC	MC	MC	MC	MC	MC	—
4. Historic structures, uses in	C	C	C	C	C	C	C	C
5. Home occupation (see Section 13.06.060)	P	P	P	P	P	P	P	P
6. Other accessory uses, as determined by the Director	P	P	P	P	P	P	P	P
7. Private garage	P	P	P	P	P	P	P	P
8. Private swimming pool, tennis court and similar recreation facilities	P	P	P	P	P	P	P	P
9. Accessory dwelling unit and junior accessory dwelling unit (subject to Section 13.10.045)	P	P	P	P	P	P	P	P
10. Stable, private (subject to Section 13.10.030(F))	P	P	P
E. Temporary Uses
1. Temporary uses as prescribed in Section 13.06.070 and subject to those provisions	P	P	P	P	P	P	P	P
2. Temporary trailers for use in conjunction with institutional and agricultural uses for a specified interim period	MC	MC	MC	MC	MC	MC	MC	MC

F. Special Use Regulations.

1. Agricultural Uses. Prior to development, the following agricultural uses are either permitted on lots of two and one-half acres or more:

a. Permitted Uses.

i. Apiary. Provided that all hives or boxes housing bees shall be placed at least 400 feet from any street, road or highway, any public school, park, property boundary or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary. Additionally, a water source shall be provided on-site.

ii. Retail sale of products raised on property excluding retail nursery and sale of animals for commercial purposes.

2. Animal Keeping. Keeping of animals accessory to residential use shall be limited as follows and as specified in Table 13.10.030B:

a. Young born to permitted animals may be kept until weaned. Small animals may be kept up to four months. Large animals may be kept up to six months. Horses may be kept up to 12 months.

b. Temporary keeping of small animals in conjunction with 4-H programs, etc., for a period not to exceed six months is allowed. Such animals may be kept for up to one year with the written approval of adjacent property owners and proof of enrollment in a 4-H program.

c. Animal keeping shall be subject to the requirements set forth in Table 13.10.030B.

3. Chicken Keeping. Keeping of chickens accessory to a residential use shall be subject to Table 13.10.030B to determine the maximum number of chickens allowed, roosters excluded. The authority granted by this subsection and Table 13.10.030B to allow the keeping of chickens in single-family residential zones shall not apply where restrictions on the keeping of chickens exist by lease or restrictive covenants. Chicken keeping is subject to the following requirements and any failure to comply with the following requirements constitutes a public nuisance pursuant to Section 1.10.030:

a. Full Containment. Chickens shall be kept at all times in fully enclosed and covered enclosures, pens or cages so as to keep them from leaving the chicken keeper's property. Chickens shall not be permitted to run at large on the chicken keeper's property.

b. Protection. Chicken enclosures shall be constructed with rodent-proof and hawk-proof hardwire installed a minimum of 18 inches below grade to avoid entry by digging rodents.

c. Construction Materials. Coops or henhouses shall provide all-weather shelter with tops or ceilings, be constructed with durable weather-resistant materials such as treated painted wood, and be placed within hardwire enclosures.

d. Location of Coops and Enclosures. Coops and enclosures shall only be permitted in the rear yard, subject to minimum distance setbacks from property lines. In the R-2 zone the minimum setback shall be 15 feet from the rear and side lot lines; in the HL, R-1 and R-1A zones the minimum setback shall be 20 feet from the rear and side lot lines.

e. Food Storage. Grain or cereal food intended for chicken-feeding shall be kept in durable rodent-proof containers with tightly fitting covers.

f. Sanitary Conditions. All chicken enclosures and coops shall be maintained in a clean, sanitary condition, free from offensive odors at all times. Evidence of unsanitary conditions includes, but is not limited to, numerous flies, fly larvae in the vicinity of the chickens or on the property, an accumulation of debris, refuse or manure, offensive odors and rat droppings. An odor is offensive if it can be detected at the adjoining property line.

g. Refuse Control. All refuse and manure and any material conducive to the breeding of flies, or which would create any offensive odor, that is removed from the chicken coop and enclosure shall be placed in suitable tight containers or bags until entirely removed from the premises or turned under the soil surface where such materials are used as fertilizer.

h. Disposal. All dead chickens shall be removed from the property or buried within 24 hours of death at a depth of at least three feet underground. Pending disposal, the chicken(s) shall be stored in fly-tight, air-tight containers or bags. The illegal disposal constitutes a public nuisance pursuant to Section 9.02.200.

i. Breeding. The breeding of chickens is prohibited.

j. Slaughter. Commercial slaughtering processes are prohibited.

Table 13.10.030B Animal Regulations in Residential Districts
Type of Animal	Allowable Residential District
1. Horses, mules, donkeys or poniesb	HL, R-1
2. Large animals other than horses, ponies, mules, or donkeysb	HL, R-1
3. Small animalsb such as a miniature potbelly pig, a goat, or a lamb	HL, R-1, R-1A, R-2
4. Fowl includes chickens, hens, turkeys, geese, or game birds (roosters prohibited)c	HL, R-1, R-1A, R-2
5. Household pets such as a dog, cat, parakeet, tropical fish, hamster, or other similar domesticated animal	ALL
6. Rodentsd such as a rabbit or chinchilla	ALL
7. Exotic or wild animalsa such as a reptile, fox, or raccoon	ALL

Notes:
a	As established by minor conditional use permit review.
b	Maximum of one animal per every 10,000 square feet of site area.
c	Maximum of one animal per every 2,000 square feet of site area.
d	Maximum of one animal per every 1,000 square feet of site area. More may be permitted subject to approval of a minor conditional use permit.

4. Home Occupations. The uses of a residence for business purposes shall be permitted subject to issuance of a business license (see Section 13.06.060).

5. Manufactured Homes.

a. One manufactured home is permitted on a lot in a single-family residential district subject to the following requirements:

i. It is a manufactured home that was constructed on and after June 15, 1976, and was issued an insignia of approval by the California Department of Housing and Community Development or a manufactured home that has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.).

ii. Has not been altered in violation of applicable codes.

iii. It is occupied only as a single detached residential dwelling.

iv. Is subject to all provisions of this title applicable to residential structures.

v. Is attached to a permanent foundation system in compliance with the provisions of Section 18551 of the Health and Safety Code. The permanent foundation shall be pitset with perimeter stem walls.

vi. Is covered with an exterior material customarily used on conventional dwellings. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

vii. Has a roof with a pitch of not less than two-inch vertical rise for each 12 inches of horizontal run and consisting of shingles or other material customarily used for conventional dwellings.

viii. Has a roof overhang of not less than one foot measured from the vertical side of the manufactured home. When carports, garages, porches, or similar structures are attached as an integral part of the manufactured home, no eave is required where the accessory structure is attached to the manufactured home.

ix. Prior to installation of a manufactured home on a permanent foundation system, the manufactured home owner or a licensed contractor shall obtain a building permit from the Department. To obtain such a permit, the owner or contractor shall comply with all requirements of Section 18551(a) of the Health and Safety Code.

x. The owner shall comply with the regulations established pursuant to Section 18551(b) of the Health and Safety Code for the cancellation of registration of a manufactured home. The owner shall also comply with the provisions of Section 18550(b) of the Health and Safety Code.

xi. The Director shall determine that the proposed project is in compliance with all applicable requirements and conditions prior to issuing final approval for occupancy.

xii. Unless otherwise specified, no modification may be granted from these requirements or from the requirements specified in Title 25 of the California Code of Regulations, which are not subject to local modification.

b. This subsection (F)(5) does not apply to a manufactured home, as defined in Section 18007 of the California Health and Safety Code, that is approved by the City as an accessory dwelling unit in accordance with Section 13.10.045 of the Santee Municipal Code. Such accessory dwelling units shall instead be subject to the regulations provided in Section 13.10.045.

6. Outdoor Uses. All uses shall be conducted completely within an enclosed building. The following uses may be permitted to operate outdoors, within their respective districts and subject to any required reviews and permits (Table 13.10.030A):

a. Mining;

b. Outdoor recreation facility;

c. Public park and playground;

d. Stables;

e. Antenna;

f. Swimming pools;

g. Agricultural uses;

h. Animal and chicken keeping;

i. Other activities and uses similar to those above as determined by the Director.

7. Congregate Care Facility Amenities. All new congregate care facilities shall provide adequate amenities, that may include, and not be limited to, swimming pools, fitness centers, spas, card rooms, billiards/game rooms, music rooms, reading rooms, internet lounges, etc. to the satisfaction of the Director.

8. Single Room Occupancy (SRO) Dwellings. Single room occupancy dwellings are allowed in multiple-family residential zones. SRO dwellings are subject to all municipal code and other standards applicable to any new multiple-family residential building, including, but not limited to, density, height, setback, on-site parking, lot coverage, development review, compliance with the California Building Code, building fees, charges and other requirements generally applicable to a proposed multiple-family development in the zone district in which a property is located.

9. Limited and General Group Care Facilities. Limited group care facilities are allowed in residential zones, subject to applicable sections of the Health and Safety Code. General group care facilities are subject to approval of a conditional use permit, to include a review of hours of operation, security, loading requirements, and site management. All group care facilities shall be subject to regulations that apply to other residential dwellings of the same type in the same zoning, pursuant to Government Code Section 65589.5.

10. Transitional and Supportive Housing. This housing, as defined in Section 13.04.140, is allowed in residential zones pursuant to Government Code Section 65583(a)(5), and is subject to regulations that apply to other residential dwellings of the same type in the same zone.

11. Agricultural Employee Housing. This housing, as defined in Section 13.04.140, is allowed in residential districts pursuant to Health and Safety Code Sections 17021.5 and 17021.6 and is subject to regulations that apply to other residential dwellings of the same type in the same zone.

(Ord. 566 § 3, 2019; Ord. 568 § 3, 2019; Ord. 572 §§ 3, 4, 2020; Ord. 596 § 3, 2021; Ord. 599 § 2, 2022; Ord. 611 § 2, 2023)

§ 13.10.040 Site development criteria.

A. The site development criteria are intended to provide minimum standards for residential development. This section shall not be construed to supersede more restrictive site development standards contained in the conditions, covenants and restrictions of any property or dwelling unit. However, in no cases shall private deed restrictions permit a lesser standard in the case of a minimum standard of this section or permit a greater standard in the case of a maximum standard of this section.

Table 13.10.040A Basic Development Standards—Residential
	HL	R-1	R-1A	R-2	R-7	R-14	R-22	R-30
1. Minimum Net Lot Area (in square feet)	Avg. 40,000 Min. 30,000	Avg. 20,000 Min. 15,000	Avg. 10,000 Min. 8,000	6,000	none	none	none	none
2. Density Ranges (in du/gross acre)	0-1	1-2	2-4	2-5	7-14	14-22	22-30	30-36
3. Minimum Lot Dimensions (width/depth) (feet)	1501/150	1001/100	801/100	601/90	none	none	none	none
4. Minimum Flag Lot Frontage	20 feet	20 feet	20 feet	20 feet	36 feet	36 feet	36 feet	36 feet
5. Maximum Lot Coverage	25%	30%	35%	40%	55%	60%	70%	75%
6. Minimum Setbacks (in feet)
Front5, 6	30	20	20	20	20	10	10	10
Exterior side yard	15	15	15	10	10	10	10	10
Interior side yard	10	10	8	5	10	10	10	10 or 152
Rear	25	20	20	15	10	10	10	10 or 152
7. Maximum Height (in feet)	35 (two stories)	35 (two stories)	35 (two stories)	35 (two stories)	35 (three stories)	45 (four stories)	55 (five stories)	55 (five stories)
8. Private Open Space (in sq. ft. per unit)	—	—	—	—	100	100	60	60
9. Common Open Space (sq. ft. per unit)3, 4	—	—	—	—	150	150	100	100

Notes:
1	For lots located on cul-de-sacs and 90-degree radius turn streets (knuckles), the minimum lot frontage shall be 60% of the above minimum lot width, measured at the front property line. All lots on cul-de-sacs and knuckles must meet the minimum lot width for the zoning district, as identified in the table above, at a distance from the property line equal to 50% of the minimum lot depth.
2	15 feet when abutting a Single-family Residential Zone and buildings exceed 35 feet (two stories).
3	A minimum of 50% of the required common open space must be consolidated in one area with a minimum dimension (width and length) of 20 feet; however, a minimum of 500 sq. ft. of common open space in one area with a minimum dimension (width and length) of 20 feet must be provided. Refer to Section 13.10.040(F) for recreational amenities.
4	Refer to Section 13.30.020(K) for senior housing usable open space.
5	Refer to Section 13.10.040(D) for front setbacks along mobility element streets.
6	Refer to Section 13.10.050 for variable front yard provisions.

B. Ultimate Density. The ultimate density allowed in any residential district shall be determined through the review process and public hearing process as described in this code. The Director or the Planning Commission shall have the authority to reasonably condition any residential development to ensure proper transition and compatibility to adjacent residential developments, existing or proposed.

C. Basic Development Standards. Table 13.10.040A sets forth minimum development standards for residential development projects.

D. Front Setbacks Along Mobility Element Streets. It is the intent of this section to create streetscape standards for building and parking setbacks that help to identify the function of streets and to improve the scenic quality and compatibility of residential development within the community. The following table, Table 13.10.040B sets forth the minimum setbacks based upon the street classification in the mobility element of the General Plan. These setbacks shall be required for all new residential development projects located on major arterials, prime arterials or collector streets, which entail new construction on undeveloped property. Building additions subsequently done by property owners in single-family residential districts will be allowed to standard setbacks.

Table 13.10.040B Front Setbacks1 Along Mobility Element Streets
Feature	Building	Parking
1. Detached SFR
a. Major/Prime Arterials	35 ft.	102 ft.
b. Collector Street	25 ft.	102 ft.
2. Attached SFR and MFR
a. Major/Prime Arterials	25 ft.	10 ft.
b. Collector Street	20 ft.	10 ft.

Notes:
1	Setbacks contained in Table 13.10.040B shall be measured from the ultimate right-of-way location.
2	For parking other than that provided by private driveways.

E. Planned Residential Developments. Planned Residential Developments are created by approval of a tentative map or tentative parcel map and are subject to all development requirements of the applicable zone, except as modified in Table 13.10.040E.

Table 13.10.040E Development Standards for Residential Lots Within a Planned Residential Development
	R-7	R-14
1. Minimum Net Lot Area1 (in square feet)	none	none
2. Minimum Lot Dimensions (width/depth) (feet)	none	none
3. Maximum Lot Coverage	55%	60%
4. Minimum Setbacks2 (in feet)
Front3	10	10
Exterior side yard	5	5
Interior side yard	5	5
Rear	10	10

Notes:
1	Flag lots are prohibited within a planned residential development.
2	For new PRDs, a minimum 10-foot building setback shall apply along all property lines.
3	The driveway for each required garage shall be a minimum of 20-feet long.

F. Recreation Area/Facility. For all development within the R-7, R-14, R-22 and R-30 districts, the developer shall provide recreational amenities in conjunction with common open space, such as, but not limited to, swimming pools and spas, and court facilities (e.g., tennis, basketball, volleyball). In addition, enclosed tot lot facilities with play equipment, and large open lawn areas are required. All recreation areas or facilities required by this section shall be maintained by private homeowners' associations or private assessment districts.

G. Building Separation. Main buildings must maintain a minimum separation of 10 feet from each other. Accessory dwelling units must maintain a minimum separation of six feet from main buildings. Accessory structures must maintain a minimum separation of five feet from all structures.

H. Storage Space. In the R-22 district, a minimum of 150 cubic feet of lockable enclosed storage per unit shall be provided in an easily accessible location for all residents (garages, carports, private patios). Storage area shall be in addition to any minimum size requirements for garages, carports, private patios or other areas. In the R-30 district, development projects shall provide a minimum of 200 cubic feet of lockable enclosed storage space for residents which may be located in common areas. Substitutions meeting the intent of this requirement may be approved.

I. Trash Enclosures and Trash Bins. Trash enclosures or individual trash bins must be provided for all developments.

1. When trash enclosures are provided, a minimum of two must be provided on-site when dumpsters and commercial waste disposal are to be provided for the development. Additional trash enclosures shall be provided as needed to meet the requirements of Chapter 9.06 and Chapter 13.36 of the City of Santee Municipal Code. The enclosures shall be designed to the satisfaction of the Director and shall include:

a. A minimum six-foot high solid decorative masonry wall with a solid roof and solid metal gate painted to match the on-site buildings. The enclosures shall prevent rainfall from entering the enclosure and prevent wind dispersal as well as offsite transport of trash and recycling.

b. All dumpsters shall have an attached waterproof cover that shall be kept closed at all times.

c. All gaps between walls and roof of the enclosure must be screened with a 5 mm gauge.

d. The trash enclosures shall be properly sized to include all containers for trash, recyclable organic waste, and renderings and shall be easily accessible.

e. The trash enclosures shall not be located within any required street setback or landscape area and shall be set back a minimum of 10 feet from side and rear property lines.

f. The trash enclosures shall not block any required parking area or driveway.

g. Anti-graffiti surfaces shall be provided pursuant to Section 7.16.120 of this code.

2. When individual trash bins are provided, an additional 10 square feet of storage area shall be provided in addition to the required garage space for each unit. Curbside trash collection for individual units is an acceptable alternative when access to receptacles is adequate, subject to the satisfaction of the Director.

3. All developments must also comply with the current stormwater requirements in Section 9.06.250(C)(1) and Section 9.06.220(B)(2).

J. Energy Conservation. This section sets forth requirements for energy conservation features.

1. All appliances and fixtures shall be energy conserving (e.g., reduced consumption showerheads, water conserving toilets, etc.). The requirements for the energy efficiency of buildings are set forth in the current California Energy Code for Climate Zone 10 in which the City is located.

2. All new residential units, including accessory dwelling units, shall meet or exceed California Green Building Standards Tier 2 Voluntary Measures.

K. Photovoltaic Solar. This section sets forth provisions for solar access and systems. The provisions of this section shall apply to all residential districts.

1. Photovoltaic Access.

a. All new residential development projects, except condominium conversions, shall provide for future passive or natural heating or cooling opportunities.

i. Consideration shall be given to lot size and configuration, orientation of a structure in an east-west alignment for southern exposure, lot size and configuration permitting orientation of a structure to take advantage of shade or prevailing breezes, topography, and other design and improvement requirements or constraints.

ii. Consideration shall be given to provide the long axis of the majority of individual lots within 22.5 degrees east or west of true south for adequate exposure for solar energy systems.

b. The location of a roof mounted solar collector is required to comply with building and fire regulations. A ground mounted solar collector is required to comply with the height and set-back requirements in this section.

c. All dwelling units within subdivisions shall have a minimum of 100 square feet of solar access for each dwelling unit.

2. Photovoltaic (PV) System. PV systems shall utilize high-efficiency equipment and fixtures consistent with the current Green Building Code and California Code of Regulations, Title 24 energy conservation standards.

a. A new single-family home or a new detached accessory dwelling unit shall include at least a two kilowatt (kW) PV system.

b. Multifamily residential units shall each include at least a one kW PV system.

c. A solar feasibility study, prepared by a qualified solar consultant shall be submitted to the Department of Development Services if the installation is infeasible due to poor solar resources.

L. Equipment Screening. Any equipment, whether on the roof, side of building, or ground, shall be screened. The method of screening shall be architecturally integrated in terms of material, color, shape and size. The screening design shall blend with the building design. Where individual equipment is provided, a continuous screen is desirable.

M. Additional Criteria for Multiple-Family Residential Developments.

1. Site Buildings to Avoid Crowding. Where multiple buildings are proposed, the minimum building separation shall be 10 feet in accordance with Section 13.10.040(G).

2. Site and Design Buildings to Avoid Repetitions of Building or Roof Lines. This may be achieved through: variation in building setback; wall plane offsets; use of different colors and materials on exterior elevations for visual relief; and architectural projections above maximum permitted height in accordance with Section 13.10.050(C).

3. In the urban residential (R-30) zone, for each five-foot increase in building height over 45 feet, the wall plane shall be stepped back an additional five feet.

4. Where adjacent to a single-family residential zone, design buildings to ensure a transition in scale, form, and height with adjacent residential properties. Setbacks are required in accordance with Table 13.10.040A. Designs may incorporate elements such as building massing and orientation, location of windows, building story stepbacks, building materials, deep roof overhangs, and other architectural features that serve to further transition the scale.

5. Projects shall be designed so that assigned parking spaces are located as close as practicable to the dwelling units they serve. Refer to Section 13.24.030(B) for additional parking standards.

6. The visual impact of surface parking areas adjacent to public streets shall be minimized through the use of mounded or dense landscape strips or low decorative masonry or stucco walls no more than three and one-half feet in height. Parking areas shall be treated with decorative surface elements to identify pedestrian paths, nodes and driveways.

7. In accordance with the "Crime Prevention through Environmental Design" program, site and building design shall incorporate at a minimum, the following additional elements:

a. Access control by defining entrances to the site, buildings and parking areas with landscaping, architectural design, lighting, and symbolic gateways; dead-end spaces shall be blocked with fences or gates or otherwise prohibited.

b. Natural surveillance by designing buildings and parking structures so that exterior entrances/exits are visible from the street or by neighbors, and are well lit; windows shall be installed on all building elevations; recreation areas, elevators and stairwells shall be clearly visible from as many of the units' windows and doors as possible; playgrounds shall be clearly visible from units and not located next to parking lots or streets.

c. Territorial reinforcement by defining property lines with landscaping and decorative fencing; individually locking mailboxes shall be located next to the appropriate units and common mailbox facilities shall be well lit. All buildings shall be clearly addressed and visible from the adjoining street(s).

d. Architecturally designed wayfinding signs shall be installed on the premises.

e. Maintenance of the site and common areas by regular pruning of trees and shrubs back from windows, doors and walkways; exterior lighting shall be used and maintained and inappropriate outdoor storage shall be prohibited.

(Ord. 566 § 3, 2019; Ord. 591 § 2, 2021; Ord. 599 § 2, 2022; Ord. 604 § 4, 2022; Ord. 611 § 1, 2023; Ord. 615, 6/26/2024)

§ 13.10.043 Two-unit projects.

A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code Section 65852.21.

B. Definition. A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).

2. An application for a two-unit project must be submitted on the City's approved form.

3. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The City council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a two-unit project is approved or denied ministerially, by the Director, without discretionary review.

2. The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.

3. The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

E. Requirements. A two-unit project must satisfy each of the following requirements:

1. Map Act Compliance. The lot must have been legally subdivided.

2. Zone. The lot is in a single-family residential zone.

3. Lot Location. The lot is not located on a site that is described by any of subparagraphs Government Code Sections 65913.4(a)(6)(B)–(K).

4. Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or county landmark or as a historic property or district.

5. No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

a. Housing that is income-restricted for households of moderate, low, or very low income.

b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code Sections 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.

d. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map.

6. Unit Standards.

a. Unit standards shown in the chart below. Required setback areas must:

i. Be kept free from all structures greater than three feet high;

ii. Be at least 50% landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;

iii. Allow for fire-safety access.

	HL	R-1	R-1A	R-2
1. Minimum Lot Size prior to split (in square feet)	2,400	2,400	2,400	2,400
Minimum Lot Size after split (in square feet)	1,200	1,200	1,200	1,200
2. Maximum Lot Coverage	25%	30%	35%	40%
3. Minimum Setbacks for Primary Frontage Lot (in feet)
Front	30	20	20	20
Exterior	10	10	10	10
Interior side yard	4	4	4	4
Rear	4	4	4	4
4. Minimum Setbacks for Secondary Lot (in feet)
Front	4	4	4	4
Exterior	10	10	10	10
Interior side yard	4	4	4	4
Rear	4	4	4	4
5. Height Restrictions	16 feet (one story)	16 feet (one story)	16 feet (one story)	16 feet (one story)

b. Quantity.

i. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.

ii. A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the City's ADU ordinance (Section 13.10.045).

c. Height Restrictions.

i. No new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure on a lot with a two-unit project.

ii. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

d. Demolition Cap. The two-unit project may involve the demolition of up to 50% of the existing exterior walls of an existing dwelling.

e. Lot Coverage. The applicable lot coverage is established by the corresponding single-family residential zone. However, this lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

f. Setbacks.

i. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

ii. Exceptions. Notwithstanding subsection (E)(6)(f)(i) above:

(A) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

(B) 800 Square Feet; Four-Foot Side and Rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

g. Parking. Each new primary dwelling unit must have at least one uncovered or covered off-street parking space per unit unless one of the following applies:

i. The lot is located within one-half mile walking distance of either:

(A) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or

(B) A site that contains:

(1) An existing rail or bus rapid transit station,

(2) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

ii. The site is located within one block of a car-share vehicle location.

h. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

i. Utilities. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider for water, sewer, and electricity.

j. Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City's current code.

7. Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone and/or Wildland Urban Interface (WUI) areas must comply with each of the following fire-hazard mitigation measures and special fire protection requirements:

a. It must have direct access to a public right-of-way with a paved street with a width of at least 26 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

b. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

c. All enclosed structures on the site must have fire sprinklers.

d. All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or of an on-site fire hydrant or standpipe.

e. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with Fire Department approved hookups compatible with Fire Department standard pump and hose equipment.

f. All other applicable objective standards found in Chapter 49 of the California Fire Code.

8. Separate Conveyance.

a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.

b. Condominium airspace divisions and common interest developments are not permitted within the lot.

c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

9. Regulation of Uses.

a. Residential-only. No non-residential use is permitted on the lot.

b. No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.

c. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

10. Deed Restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following:

a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

b. Expressly prohibits any non-residential use of the lot.

c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

d. If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

e. States that the property is formed by an urban lot split and is therefore subject to the City's urban lot split regulations, including all applicable limits on dwelling size and development standards.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the City may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. "Specific adverse impact" has the same meaning as in Government Code Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include: (a) inconsistency with the zoning ordinance or general plan land use designation; or (b) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Remedies. If a two-unit project violates any part of this code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2. The City may:

a. Bring an action to enjoin any attempt to sell, lease, or finance the property.

b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000.00, or both; or a misdemeanor.

d. Record a notice of violation.

e. Withhold any or all future permits and approvals.

f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or this code.

(Ord. 596 § 3, 2021; Ord. 598 § 3, 2022)

§ 13.10.045 Accessory dwelling units.

A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the City's general plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in subsection (C)(10) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

C. Definitions. As used in this section, terms are defined as follows:

1.

"Accessory dwelling unit" or "ADU"

means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

a. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

2.

"Accessory structure"

means a structure that is accessory and incidental to a dwelling located on the same lot.

3.

"Attached accessory dwelling unit"

means an attached ADU that shares at least one wall with the primary dwelling.

4.

"Complete independent living facilities"

means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

5.

"Detached accessory dwelling unit"

means a detached ADU that does not share any wall with the primary dwelling.

6.

"Efficiency kitchen"

means a kitchen that includes each of the following:

a. A cooking facility with appliances.

b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the ADU or JADU.

7.

"Junior accessory dwelling unit" or "JADU"

means a residential unit that satisfies all of the following:

a. It is no more than 500 square feet of interior livable space in size.

b. It is contained entirely within an existing or proposed single-family residence. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family residence.

c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family residence.

d. Contains its own separate bathroom or, if it does not include a separate bathroom, contains an interior entrance to the main living area of the existing or proposed single-family residence.

e. Contains an exterior entrance that is separate from the main entrance to the proposed or existing single-family residence.

f. It includes an efficiency kitchen, as defined in subsection (C)(6) above.

8.

"Livable space"

means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

9.

"Living area"

means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

10.

"Nonconforming zoning condition"

means a physical improvement on a property that does not conform with current zoning standards.

11.

"Passageway"

means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

12.

"Proposed dwelling"

means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

13.

"Public transit"

means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

14.

"Tandem parking"

means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. General Provisions. The following requirements apply to all ADUs and JADUs that are approved under subsections (F) and (G) below.

1. Zoning.

a. An ADU or JADU subject only to the limited requirements in subsection (F) below may be created on a lot in a residential or mixed-use zone.

b. An ADU or JADU subject to the requirements in subsection (G) below may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

c. In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

2. Fire Sprinklers. Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

3. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

4. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

5. Building and Safety.

a. Subject to subsection (D)(5)(b) below, all ADUs and JADUs must comply with all local building code requirements.

b. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Compliance officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (D)(5)(b) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

6. Owner Occupancy.

a. ADUs are not subject to an owner-occupancy requirement.

b. JADUs.

i. Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence.

ii. Exceptions. The owner-occupancy requirement in this subsection (D)(6)(b) does not apply in either of the following situations:

(A) The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).

(B) The property is entirely owned by another governmental agency, land trust, or housing organization.

7. Height.

a. Except as otherwise provided by subsections (D)(7)(b) and (D)(7)(c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.

b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

d. An attached ADU may not exceed the maximum height limit for the applicable zone, as provided in the table below.

Residential District	HL	R-1	R-1A	R-2	R-7	R-14	R-22	R-30
Maximum Height	35 feet (two stories)	35 feet (two stories)	35 feet (two stories)	35 feet (two stories)	35 feet (three stories)	45 feet (four stories)	55 feet (five stories)	55 feet (five stories)

e. For purposes of this subsection (D)(7), height means the vertical distance, excluding foundations or understructures or basements, between the elevation of the finished floor level and the peak of the structure. For purposes of this subsection (D)(7), "finished floor level" means the uppermost surface of a floor without any applied finishes, typically the screed finish of a concrete slab or foundation. Multiple finished floor levels may exist in a building or complex of buildings on a site depending on topographical conditions, however the height calculation shall be based on the maximum length between a finished floor level of a structure and the highest point of that structure (see diagram below).

8. Deed Restriction. Prior to issuance of a certificate of occupancy for an JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

a. The JADU may not be sold separately from the primary dwelling.

b. The JADU is restricted to the approved size and to other attributes allowed by this section.

c. The deed restriction runs with the land and may be enforced against future property owners.

d. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

e. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Certificate of Occupancy Timing.

a. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.

b. Limited Exception for State-declared Emergencies. Notwithstanding subsection (D)(9)(a) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:

i. The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.

ii. The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor's state of emergency proclamation.

iii. The ADU has been issued construction permits and has passed all required inspections.

iv. The ADU is not attached to the primary dwelling.

E. Action on Building Permit Application.

1. Applications to create an ADU or JADU in accordance with this section will be considered and approved ministerially, without discretionary review or a hearing.

2. Completeness.

a. Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.

b. Incomplete items. If the city's determination under subsection (E)(2)(a) above is that the application is incomplete, the city's notice must list the incomplete items and describe how the application can be made complete.

c. Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.

d. Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.

e. Deemed complete. If the city does not make a timely determination as required by this subsection (2), the application or resubmitted application is deemed complete for the purposes of subsection (E)(3) below.

f. Appeal of incompleteness. An applicant may appeal the city's determination that the application is incomplete by submitting a written appeal to the city clerk. The city council will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

3. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a complete application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or

b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

4. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (E)(3) above.

5. An applicant may appeal the city's denial of the application by submitting a written appeal to the city clerk. The city council will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

6. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

F. ADUs and JADUs Subject to Limited Requirements.

1. If an ADU or JADU complies with each of the general requirements in subsection D above, it is allowed with only a building permit in each of the scenarios provided in this subsection (F)(1). An ADU and JADU approved under subsection (F)(1)(a) may be combined with an ADU approved under subsection (F)(1)(b), and ADUs approved under subsection (F)(1)(c) may be combined with ADUs approved under subsection (F)(1)(d):

a. Converted on Lot with Single-Family Residence. One ADU as described in this subsection (F)(1)(a) and one JADU on a lot with a proposed or existing single-family residence on it, where the ADU or JADU:

i. Is either: within the space of a proposed single-family residence; within the existing space of an existing single-family residence; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress.

ii. Has exterior access that is independent of that for the single-family residence.

iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

iv. The JADU complies with the requirements of Government Code Section 66333 through 66339.

b. Limited Detached or Attached on Lot with Single-Family Residence. One detached or attached, new-construction ADU on a lot with a proposed or existing single-family residence (in addition to any JADU that might otherwise be established on the lot under subsection (F)(1)(a) above), if the ADU satisfies the following limitations:

i. The side- and rear-yard setbacks are at least four feet.

ii. The total floor area is 800 square feet or smaller.

iii. The peak height does not exceed the applicable height limit provided in subsection (D)(7) above.

c. Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (F)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, and up to 25% of the existing multifamily dwelling units may each have a converted ADU under this paragraph.

d. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies the following limitations:

i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.

ii. The peak height does not exceed the applicable height limit provided in subsection (D)(7) above.

iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

G. ADUs Subject to Additional Objective Requirements. A proposed ADU that does not conform to the standards set forth in subsection (F) is allowed with only a building permit if it complies with all of the objective standards set forth below.

1. Maximum Size.

a. The maximum size of a detached or attached ADU subject to this subsection (G) is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.

b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

c. Application of other development standards in this subsection (G), such as lot coverage or open space, might further limit the size of the ADU, but no application of lot coverage, front setback, or open-space requirements may require the ADU to be less than 800 square feet.

2. Setbacks.

a. An ADU that is subject to this subsection (G) must conform to the applicable front yard set- back as provided in the table below, subject to subsection (G)(1)(c) above.

Residential District	HL	R-1	R-1A	R-2	R-7	R-14	R-22	R-30
Front Setbacks (in feet)	30	20	20	20	20	10	10	10

b. An ADU that is subject to this subsection (G) must conform to four-foot side- and rear-yard setbacks.

c. No setback is required for an ADU that is subject to this subsection (G) if the ADU is constructed in the same location and to the same dimensions as an existing structure.

3. Lot Coverage. No ADU subject to this subsection (G) may cause the total lot coverage of the lot to exceed the maximum for the applicable zone, as shown in the table below, subject to subsection (G)(1)(c) above.

Residential District	HL	R-1	R-1A	R-2	R-7	R-14	R-22	R-30
Maximum Lot Coverage	25%	30%	35%	40%	55%	60%	70%	75%

4. Minimum Private Open Space. No ADU subject to this subsection (G) may cause the total percentage of open space of the lot to fall below the minimum for the applicable zone, as shown in the table below, subject to subsection (G)(1)(b) above.

Residential District	HL	R-1	R-1A	R-2	R-7	R-14	R-22	R-30
Private Open Space (in sq. feet per unit)	—	—	—	—	100	100	60	60

5. Passageway. No passageway, as defined by subsection (C)(10) above, is required for an ADU.

6. Parking.

a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(14) above.

b. Exceptions. No parking under subsection (G)(6)(a) is required in the following situations:

i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(13) above.

ii. The ADU is located within an architecturally and historically significant historic district.

iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (F)(1)(a) above.

iv. When on-street parking permits are required but not offered to the occupant of the ADU.

v. When there is an established car share vehicle stop located within one block of the ADU.

vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (G)(6)(b)(i) through (v) above.

c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

d. Parking Space Size. Each unclosed parking space shall be at least nine feet wide and 19 feet long. Each parking space that is provided in an enclosed garage shall be at least 12 feet wide and 20 feet long and have at least seven and a half feet vertical clearance.

7. Historical Protections. The architectural treatment of an ADU to be constructed on or within 600 feet of a lot that has an identified historical resource listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

H. Fees.

1. Impact Fees.

a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (H), "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code Section 66000(b)) and a fee under the Quimby Act (Gov. Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

c. All applicable development impact fees for an ADU proposed to be constructed on a lot with a proposed or existing single family residence shall be waived for a five-year trial period, commencing on September 27, 2019, and ending on September 27, 2024.

d. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620.

I. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs Constructed Before 2020.

a. Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

i. The ADU or JADU violates applicable building standards, or

ii. The ADU or JADU does not comply with the state ADU or JADU law or this ADU ordinance (Santee Municipal Code Section 13.10.045).

b. Exceptions:

i. Notwithstanding subsection (I)(2)(a) above, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.

ii. Subsection (I)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

(Ord. 572 § 1, 2020; Ord. 597 § 4, 2022; Ord. 606 § 4, 2022; Ord. 609 § 4, 2023; Ord. 615, 6/26/2024; Ord. 618, 12/11/2024; Ord. 630, 12/10/2025; Ord. 631, 1/14/2026)

§ 13.10.050 Special development criteria.

The special development criteria set forth in this section are intended to provide minimum standards for residential development.

A. Attached and Detached Residential Accessory Structures.

1. Attached and detached residential accessory structures (including, but not limited to, unenclosed patio covers, cabanas, garages, carports, and storage buildings) may encroach in a required interior side yard or rear yard, except as required in Table 13.10.040.A, subject to the following limitations:

a. Height. The maximum height for accessory structures is 16 feet (one story).

b. Rear Yard Setback. Attached or detached residential accessory structures or additions may be located five feet from the rear property line, excluding eave overhang.

c. Side Yard Setback. Attached or detached residential accessory structures may be located five feet from the side interior property line, excluding eave overhang. Attached and detached residential accessory structures may not encroach into required exterior side yard setbacks.

d. Front Yard and Exterior Side Yard. Enclosed attached and detached accessory structures shall comply with the minimum front and exterior side yard setbacks in Table 13.10.040.A. No detached enclosed residential accessory structure shall be placed in front of the main structure. Front yard accessory structures shall comply with subsection B.

e. Size. The maximum allowable gross floor area for all detached residential accessory structures in conjunction with an existing single-family residence shall not exceed 50% of the living area of the primary residence. A 400-square-foot detached garage is permitted in all cases if a garage does not currently exist on site.

f. Additional Standards for Accessory Structures. The following items may be allowed in an accessory structure, such as a garage, workshop, cabana, or similar structure, with recording of a City-approved deed restriction:

i. Wet bar/kitchen.

ii. Wash basin (sink and drain).

iii. Bathroom.

2. Sea cargo containers are prohibited.

B. Front Yard Accessory Structures.

1. Structures within the front yard or exterior side yards (including, but not limited to, covered patios, carports, pergolas, arbors, and similar ornamentals structures not used for storage, subject to the following limitations:

a. Height. The maximum height shall not exceed 16 feet or the roofline of the single-story residence, whichever is lower.

b. Setbacks. A carport over the existing driveway shall provide a minimum five-foot setback from the front property line. Other allowed front yard accessory structures shall provide a minimum 10-foot setback from the front property line. All front yard accessory structures shall provide a minimum five-foot setback from the exterior and interior side property lines.

c. Size. The maximum allowable gross floor area shall not exceed 170 square feet for each structure.

d. Number of Structures. A total of two structures are permitted in the front and exterior side yards combined.

e. Separation Distance. The minimum distance between front yard accessory structures is five feet.

f. Anchoring. Structures must be adequately anchored and bolted to ensure stability and prevent displacement. Weighted anchoring is not permitted.

g. Materials. Structures shall be well maintained. Any torn, bent or dilapidated structure shall be replaced or removed.

h. Paving. Front yard accessory structures are exempt from the paving requirements in SMC Section 13.10.060.

i. Garage Access. Posts shall not block vehicular access to the garage.

j. Structures shall meet the California Building Standards Code and the Fire Code.

C. Temporary Structures.

1. Structures shall be well maintained. Any torn, bent or dilapidated structure shall be replaced or removed.

2. Foundation, footing, or anchoring are not permitted.

D. Projections into Yards.

1. Eaves, roof projections, awnings, and similar architectural features may project into required yards a maximum distance of two feet, provided such appendages are supported only at, or behind, the building setback line.

2. Fireplace chimneys, bay windows, balconies, fire escapes, exterior stairs and landings and similar architectural features and equipment for pools and air conditioning may project into required yards a maximum distance of two feet, provided such features shall be at least three feet from a property line. Equipment must be screened with materials and colors that blend with the building design.

3. Uncovered decks, platforms, uncovered porches, and landing places which do not extend above the first floor level of the main building and are not at any point more than 32 inches above grade, may project into any front or corner side yard a maximum distance of 10 feet, and project into any rear or interior side yard up to the property line. Where not extending above the first floor level but where greater than 32 inches above grade, must be at least five feet from all side property lines and 10 feet from the rear and front property lines.

4. Projections Over a Slope. If a structure is constructed such that it projects over a slope, and the structure is visible from a public street, the underside of the structure shall either be enclosed or landscaping shall be provided to screen the structure from public view to the satisfaction of the Director.

5. Two-story additions may encroach a maximum of five feet into the required rear yard setback if the Director determines that the encroachment is necessary for a continuation and extension of the architectural design, style, and function of the structure.

E. Projections Above Height Limits. Except as provided for in Chapter 13.34, flues, chimneys, antennas, elevators, other mechanical equipment, utility, and mechanical features may exceed the height limit of the base district in Table 13.10.040A by no more than 15 feet, provided such feature shall not be used for habitable space and appropriate screening is provided as determined by the Director. Architectural appurtenances to churches and other religious institutions involving a steeple, or cross combination thereof, and clock towers, may exceed the maximum height of the base district if it is determined through the development review permit or conditional use permit process that architectural compatibility and appropriate building scale are achieved and maintained.

F. Variable Front Yard Provisions. Front setbacks required by the base district may be averaged on the interior lots within a new single-family detached or detached condominium subdivision. Additions to single-family homes in established residential subdivisions shall be allowed to build to the preestablished front yard setback of the subdivision without the need for a variance.

G. Fences, Walls and Hedges. The following provisions regarding fences, walls and hedges shall apply to all residential districts.

1. Fences, walls, hedges, or similar view obstructing structures or plant growth that reduce visibility and the safe ingress and egress of vehicles or pedestrians shall not exceed a height of three and one-half feet in the front yard. A combination of solid and open fences (e.g., wrought iron, chain link, Plexiglas) not exceeding six feet in height may be located in a required front yard or visibility clearance area, provided such fences are constructed with at least 90% of the top two and one-half feet of their vertical surface open, and nonview-obscuring.

2. Fences or walls, not exceeding six feet in height, may be located in a required exterior side yard, rear, or interior side yard. Walls required by the City for noise mitigation may be up to eight feet in height and may be located within the exterior side yard setback or rear setback adjacent to a street. The noise wall shall be designed such that it does not reduce visibility and the safe ingress and egress of vehicles or pedestrians.

3. A visibility clearance area shall be required on lots adjacent to an alley, driveway or street in which nothing shall be erected, placed, planted or allowed to grow exceeding three and one-half feet in height. Such area shall consist of a triangular area measured along the face of curb bounded by the alley, driveway, or street right-of-way lines of such lots and a line joining points along said alley, driveway, or street lines from the point of intersection as shown in the Visibility Area diagram below. The distance may be reduced if the Director determines that the reduced distance would not create a public health and safety hazard. The distance may be increased if the Director determines that a greater distance is required to maintain public health and safety.

4. Outdoor recreation court fences not exceeding 12 feet in height shall be located five feet from any rear or side property lines, except when adjacent to outdoor recreation courts on adjacent properties.

5. Barbed wire, concertina wire, or similar security devices are not allowed in residential zones.

6. Walls constructed next to a mobility element street shall be constructed with decorative materials to the satisfaction of the Director. Anti-graffiti surfaces shall be provided pursuant to Chapter 7.16.

H. Swimming Pools, Spas and Recreational Courts.

1. Swimming pools, spas, tennis courts, basketball courts, or similar paved outdoor recreational courts, shall not be located in any required front yard, and shall be located no closer than three feet from any rear, side or corner side property line.

2. Outdoor lighting poles and fixtures are permitted not to exceed 12 feet in height. Any such lighting shall be designed to project light downward and shall not create glare on adjacent properties.

I. Mobile Home Parks. For mobile home park development provisions, refer to Chapter 13.22.

J. Use of Required Yards.

1. Street Yards. Except as otherwise permitted, a street yard shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking.

2. Rear and Interior Side Yards. Except as otherwise permitted, these yards shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, recreational activities or similar accessory activities.

K. Lights. All public parking areas shall be adequately lighted. All lighting shall be designed and adjusted to reflect light away from any road or street, and away from any adjoining premises. All lights and illuminated signs shall be shielded or directed so as to not cause glare on adjacent properties or to motorists.

(Ord. 566 § 3, 2019; Ord. 591 § 2, 2021; Ord. 599 § 2, 2022; Ord. 611 § 2, 2023; Ord. 615, 6/26/2024; Ord. 620, 12/11/2024)

§ 13.10.060 General provisions.

A. Property Maintenance. All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:

1. Dilapidated or deteriorating structures, including, but not limited to, fences, roofs, doors, walls, and windows.

2. Accumulation of scrap lumber, junk, trash, debris, or inoperative vehicles is prohibited.

3. Parking of vehicles on an unpaved surface.

4. Swimming pools that are not properly treated with chemicals as well as pools, with or without water, that are not properly fenced to prohibit access, thereby creating a threat to the public health and safety.

B. Vehicle and Equipment Repair and Storage. The following provisions shall apply to any vehicle, motor vehicle, camper, camper trailer, trailer, unmounted camper, trailer coach, motorcycle, boat or similar conveyance in all residential districts, and to all sites in any other district used for residential occupancy:

1. Off-street parking, driveways, and storage of the above conveyances shall be conducted on an approved surface only, including concrete, concrete pavers, asphalt, and gravel. The entire area beneath the conveyance must be covered with an approved surface. Such conveyances shall be prohibited to be parked or stored on unpaved surfaces, such as lawns or dirt surface, subject to the following:

a. Paved areas shall not exceed 50% of the required front yard area including all areas used for parking of vehicles and the area providing access to such parking areas. This section shall not prohibit the paving of a standard width driveway (20 feet) to a required off-street parking area on a cul-de-sac lot, or other similar narrow lot as determined by the Director.

b. Approval of more than 50% pavement coverage with the exception of a cul-de-sac lot or other similar narrow lot described above is subject to a minor exception permit pursuant to Section 13.06.050 of this title.

2. Servicing, repairing, assembling, disassembling, wrecking, modifying, restoring, or otherwise working on any of the above conveyances shall be prohibited, unless conducted within a garage or accessory building.

3. Storing, placing or parking any of the above conveyances, or any part thereof, which is disabled, unlicensed, unregistered, inoperative, or from which an essential or legally required operating part is removed, shall be prohibited unless conducted within a garage or accessory building.

4. Notwithstanding the provisions of subdivisions 1 and 2 above, emergency or minor repairs and short-term or temporary parking of any of the above conveyances, when owned by a person residing on the lot, may be conducted for an aggregate period of up to 24 hours in any continuous period of 48 hours exclusive of the screening requirements.

5. For the purpose of this section, references to types of conveyances shall have the same meaning as defined in the Vehicle Code of the State of California, where such definitions are available.

C. Unless otherwise specified within this code or by conditional use permit, all activities, work and storage of materials within residential districts shall entirely be within an enclosed building.

(Ord. 566 § 3, 2019; Ord. 591 § 2, 2021)