City of Pleasant Hill, CA Chapter 18.15 RESIDENTIAL ZONING DISTRICTS

§ 18.15.010 Purpose and Intent of Residential Zoning Districts.

A. Purpose. In addition to the general purposes listed in Section 18.05.020 (Purpose, Intent, and Authority), the specific purposes of residential zoning districts are to:

1. Preserve, protect, and enhance appropriately located areas for residential land use, consistent with the General Plan, Citywide Design Guidelines, and the standards of public health and safety.

2. Protect residents from the harmful effects of excessive noise, overcrowding, excessive traffic, excessive on-street parking, and other adverse environmental effects.

3. Achieve design compatibility between multi-family residential developments and lower density residential neighborhoods by establishing physical development standards and performance standards.

4. Ensure adequate provisions for sites, with reasonable access to public services, for appropriate public and semipublic land uses, including care facilities, needed to complement or exist within residential development while protecting the relatively quiet, primarily noncommercial, family atmosphere of neighborhoods.

5. Minimize the out-of-scale appearance of large homes, parking areas, and other development relative to their lot size and to other homes in a neighborhood.

6. Provide for care facilities, emergency shelters, and supportive/transitional housing to meet current and projected need while ensuring compatibility with surrounding neighborhoods.

B. Summary of Residential Zoning Districts. The specific purpose and intent of each of the 11 residential zoning districts are as follows:

1. R-20, R-15 – Low Density Single-Family Residential Zoning Districts. The purpose of the R-20 and R-15 zoning districts is to allow for low density single-family residential development (1.3 to 3 dwelling units per acre) on larger lots ranging from 15,000 square feet in the R-15 zoning district to 20,000 square feet in the R-20 zoning district. The R-15 and R-20 zoning districts implement the Single-Family Low Density (SFLD) General Plan land use designations.

2. R-10 and R-10A – Single-Family Medium Density Residential Zoning Districts. The purpose of the R-10 and R-10A zoning districts is to allow for low and medium density single-family residential development (3.1 to 4.5 dwelling units per acre). The minimum lot size in the R-10 zoning district is 10,000 square feet. The minimum lot size in the R-10A zoning district is 7,000 square feet with an average lot size of 10,000 square feet. The R-10 and R-10A zoning districts implement the Single-Family Medium Density (SFMD) General Plan land use designation.

3. R-7 and R-6 – Single-Family High-Density Residential Zoning District. The purpose of the R-7 and R-6 zoning districts is to allow for higher density single-family and lower-density multi-family residential developments (e.g., duplexes, triplexes) and other compatible uses that promote neighborhoods with a mixture of housing types and sizes to meet community needs. The R-7 and R-6 zoning districts allow for densities between 4.6 to 6.9 dwelling units per acre. The R-6 zoning district has a minimum lot size of 6,313 square feet, whereas the R-7 zoning district has a minimum lot size of 7,000 square feet. The R-6 and R-7 zoning districts implement the Single-Family High-Density (SFHD) General Plan land use designation.

4. RMD – Mangini Delu Residential Zoning District. The purpose of the RMD Zoning District is to allow for the development of a variety of housing types on the Mangini-Delu property while preserving natural open space. The RMD zoning district allows for densities between 4.6 to 13 dwelling units per acre to provide for a range of single-family and low-density multifamily housing options. Allowed uses and development standards in the RMD zoning district shall be established in a comprehensive, site wide master plan to be approved prior to any development onsite, unless otherwise provided in this Chapter. The RMD zoning district implements the Mangini-Delu Residential (MDR) General Plan land use designation.

5. MFVL – Very Low Density Multi-Family Residential Zoning District. The purpose of the MFVL zoning district is to allow for higher density single-family residential uses and very low-density multi-family residential uses (e.g., duplexes, townhouses, triplexes). The MFVL zoning district allows for densities between seven and 12 dwelling units per acre and implements the Multi-Family Very Low-Density (MFVLD) General Plan land use designation.

6. MFL – Low-Density Multi-Family Residential Zoning District. The purpose of the MFL zoning district is to allow for higher density single-family residential uses or low-density multi-family residential uses including duplexes, triplexes, manufactured housing, or small condominiums or apartments. The MFL zoning district allows for densities between 12.1 and 20 dwelling units per acre and implements the Multi-Family Low-Density (MFLD) General Plan land use designation.

7. MFM – Medium-Density Multi-Family Residential Zoning District. The purpose of the MFM zoning district is to allow for multi-family residential uses including townhouses, manufactured housing, and mid-sized condominiums or apartments with densities between 20.1 and 30 dwelling units per acre. The MFM zoning district implements the Multi-Family Medium Density (MFMD) General Plan land use designation.

8. MFH – High Density Multi-Family Residential Zoning District. The purpose of the MFH zoning district is to allow for more intensive multi-family residential uses including townhouses, condominiums and apartments with densities between 30.1 and 40 dwelling units per acre. The MFH zoning district implements the Multi-Family High-Density (MFHD) General Plan land use designation.

9. MFVH – Very High Density Multi-Family Residential Zoning District. The purpose of the MFVH zoning district is to allow for intensive multi-family residential uses at higher densities (40.1 to 73 dwelling units per acre) including condominiums and apartment complexes. The MFVH zoning district implements the Multi-Family Very High-Density (MFVHD) General Plan land use designation.

10. HPUD – Hillside Planned Unit Development Residential Zoning District. The purpose of the HPUD zoning district is to allow for limited residential development including townhouses, condominiums and single-family homes on parcels having an average slope of 15% or greater. The HPUD zoning district implements various single-family and multi-family General Plan land use designations. The following parcels shall be exempt from the HPUD standards established in this Part: (Reference: Chapter 18.35 (Hillside Planned Unit Development (HPUD))).

a. 152-010-004 (off of Paso Nogal Road).

b. 154-140-015 (off of Morello Avenue).

11. PUD/PPD – Residential Planned Unit Development or Precise Plan District. The purpose of the PUD/PPD zoning district is to allow for residential development with a total number of dwelling units falls within the density range permitted by the associated General Plan land use designation for the total area allocated to residential use. (See also Government Code Section 65589.5.)

C. Per Government Code Sections 65583.2(c), (h), and (i) lower-income sites including: those in the sites inventory with a proposed zoning change to meet the RHNA shortfall, vacant sites identified in two previous housing elements, and nonvacant sites identified in the previous housing element shall allow owner-occupied and rental multifamily uses permitted by-right (without discretionary approval) for developments in which 20% or more of the units are affordable to lower income households, accommodate a minimum of 16 units per site, and include a minimum density of 20 units per acre. "By-right" means that a Conditional Use Permit, Planned Unit Development Permit, or other discretionary review or approval is not required.

(Ord. 978, 11/17/2025)

§ 18.15.020 Land Use Regulations for Residential Districts.

A. Residential Land Use Classifications. Table 18.15-A (Residential Land Use Regulations) establishes the land uses allowed within each residential zoning district. Descriptions of each land use can be found in Chapter 18.210 (Land Use Classifications).

B. Zoning Permit Required. Each land use listed in Table 18.15-A (Residential Land Use Regulations) as permitted "P" shall require the issuance of a Zoning Permit in compliance with Chapter 18.170 (Zoning Permit) before the establishment of a new use or issuance of a Building Permit.

C. Other Permits and Entitlements. In addition to the permits listed in Table 18.15-A (Residential Land Use Regulations), additional permits or entitlements, such as Architectural Review Permits, Building Permits, or Zoning Permits, may be required before a land use can be established. The approval or issuance of one permit or entitlement does not exempt the requirement to obtain any other necessary permits or entitlements unless stated otherwise in this Title. Applicants should consult the Planning Division regarding any permits or entitlements required for a project.

D. Uses Not Listed. Land uses not listed in Table 18.15-A (Residential Land Use Regulations) are not allowed.

E. Applicability of Land Use Regulations in RMD Zoning District. Land use regulations for all development in the RMD zoning district shall be established in a comprehensive, site-wide master plan to be approved prior to any development onsite, unless otherwise stated in this Title.

F. Additional Use Regulations. The right-hand column includes specific limitations applicable to the use classification or refers to regulations located elsewhere in this Title.

Table 18.15-A: Residential Land Use Regulations
Key		P = Permitted; U = Use Permit Required; T = Temporary Use Permit Required; (-) = Not Allowed; L = Permitted with Limitations, P/U = Permitted on site of a permitted use
Land Use		Permit Requirement by Zoning District									Additional Use Regulations
		R-20	R-10	R-7	RMD*	MFVL	MFL	MFM	MFH	MFVH
		R-15	R-10A	R-6
Residential Uses
Accessory dwelling unit		Section 18.15.050
Accessory dwelling unit, junior		Section 18.15.050
Bed and breakfast		–	–	–	–	–	–	–	–	–
Emergency shelter		U	U	U	U	–	–	–	–	–	Only on church or school sites. Section 18.15.120
Employee housing		P	P	P	P	P	P	P	P	P
Family day care home		P	P	P	P	P	P	P	P	P
Group residential		–	–	–	P	P	P	P	P	P
Home occupation		P	P	P	P	P	P	P	P	P	Section 18.15.130
Mobile/manufactured housing		P	P	P	P	–	–	–	–	–
Multifamily residential
Two-unit		P	P	P	P	P	P	P	P	P	L-8
Three-unit		U	U	U	P	P	P	P	P	P
Four-unit		U	U	U	P	P	P	P	P	P
Five or more units		–	–	–	P	P	P	P	P	P
Residential care facility, small, licensed		P	P	P	P	P	P	P	P	P	Section 18.15.160
Residential care facility, small, unlicensed		P	P	P	P	P	P	P	P	P
Senior housing		P	P	P	P	P	P	P	P	P
Single-room occupancy		–	–	–	U	U	U	U	U	U	Section 18.15.170
Single-family residential		P	P	P	P	P	P	P	P	P
With boarder or lodger		P	P	P	P	P	P	P	P	P	No more than 3 boarders or lodgers.
Supportive housing		P	P	P	P	P	P	P	P	P
Transitional housing		P	P	P	P	P	P	P	P	P
Public and Semipublic Uses
Residential care facility, large licensed or unlicensed		U	U	U	P	P	P	P	P	P	Section 18.15.160
Cemetery		U	U	U	U	U	U	U	U	U
Community center		U	U	U	U	U	U	U	U	U
Cultural institutions		U	U	U	U	U	U	U	U	U
Day care, general		U	U	U	U	U	U	U	U	U	L-1
Park and recreational facilities		U	U	U	U	U	U	U	U	U
Public safety facilities		U	U	U	U	U	U	U	U	U
Offender rehabilitation services		–	–	–	–	–	–	–	–	–
Place of assembly		U	U	U	U	U	U	U	U	U
School, college and university		U	U	U	U	U	U	U	U	U
School, private		U	U	U	U	U	U	U	U	U
Utilities, major		U	U	U	U	U	U	U	U	U
Utilities, minor		P	P	P	P	P	P	P	P	P
Wireless telecommunications facility		L-3	L-3	L-3	L-3	L-3	L-3	L-3	L-3	L-3	Chapter 18.110
Commercial Uses
Animal sales and service		–	–	–	–	–	–	–	–	–	Only animal boarding and riding academies.
Horticulture, limited		U	U	U	U	U	U	U	U	U
Accessory Uses
Accessory Uses		P/U	P/U	P/U	P/U	P/U	P/U	P/U	P/U	P/U	Section 18.15.060
Temporary Uses
Agricultural sales		T	T	–	–	–	–	–	–	–	L-7.
Animal shows or sales		–	T	T	T	–	–	–	–	–	L-2 and L-5.
Arts and crafts show outdoors		–	T	T	T	–	–	–	–	–	L-2 and L-5.
Christmas tree sales		–	T	T	T	–	–	–	–	–	L-2 and L-7.
Civic and community events		–	T	T	T	–	–	–	–	–	L-2 and L-6.
Commercial filming, limited		–	T	T	T	–	–	–	–	–	L-2 and L-6.
Group assembly events		–	T	T	T	–	–	–	–	–	L-2 and L-6.
Live entertainment events		–	T	T	T	–	–	–	–	–	L-2, L-4 and L-6.
Outdoor exhibits		–	T	T	T	–	–	–	–	–	L-2 and L-6.
Personal property sales		P	P	P	P	P	P	P	P	P	L-5.
Pumpkin sales		–	T	T	T	–	–	–	–	–	L-2 and L-7.
Recreational events		–	T	T	T	–	–	–	–	–	L-2 and L-6.
Street fairs		T	T	T	T	T	T	T	T	T	L-7.
Swap meet		–	T	T	T	–	–	–	–	–	L-2 and L-5.
Trade fairs		–	T	T	T	–	–	–	–	–	L-2 and L-5.

Limitations on Specific Use Classifications
L-1	Minimum site area of 10,000 square feet.
L-2	Minimum site area of one acre.
L-3	Minimum site area of three acres.
L-4	See Section 18.25.110 for live entertainment standards.
L-5	Not more than six occurrences during a calendar year. Each occurrence shall not exceed two consecutive days.
L-6	Not more than four occurrences during a calendar year. Each occurrence shall not exceed seven consecutive days.
L-7	Not more than six occurrences during a calendar year, for not more than 14 consecutive days per occurrence.
L-8	When located in a single-family zoning district (R-20, R-15, R-10, R-10A, R-7, and R-6), two-unit residential dwellings shall only be allowed "P" when in compliance with Section 18.15.180 (Two Unit Projects) or Section 18.15.190 (Urban Lot Splits).

* Only applicable to projects as determined in Section 18.15.020E (Applicability of Land Use Regulations in RMD Zoning District).

(Ord. 978, 11/17/2025)

§ 18.15.030 Development Standards for Residential Districts.

A. Table 18.15-B (Development Standards – Residential Zoning Districts) prescribes development regulations for all development in residential zoning districts. The "Additional Development Regulations" column identifies additional development regulations or refers to other applicable regulations located elsewhere in this Zoning Ordinance.

B. Supplemental Development Standards. Sections 18.15.040 through 18.15.190 are applicable to development in all residential zoning districts.

C. Applicability of Development Standards in RMD Zoning District. Development standards for all development in the RMD zoning district shall be established in a comprehensive, site wide master plan, to be approved prior to any development onsite, unless otherwise stated in this Title.

D. Additional Regulations. The following development standards are applicable to all zoning districts and can be found in Part 3 and Part 5 of this Title.

1. General Site and Development Standards (Chapter 18.55);

2. Off-Street Parking and Loading (Chapter 18.80);

3. Signs (Chapter 18.95); and

4. Nonconforming Provisions (Chapter 18.200).

5. Tree Preservation (Chapter 18.100).

Table 18.15-B: Development Standards – Residential Zoning Districts
Development Standard (minimum unless stated otherwise)			Zoning District												Additional Development Regulations (see corresponding letter in Section 18.15.040)
		R-20	R-15	R-10	R-10A	R-7	R-6	RMD*		MFVL	MFL	MFM	MFH	MFVH
								Single-Family Residential	All Other Land Use Classifications
	Parcel Dimensions
Site Area per Dwelling Unit (sq. ft.)		–	–	–	10,000	–	–	–*	–*	–	–	–	–	–
Lot Area (sq. ft.)		20,000	15,000	10,000	7,0001	7,000	6,000	6,000*	–*	–	–	–	–	–	A, B
Width (ft)		100	100	80	70	70	60	60*	70*	70	70	80	80	80
Depth (ft)		120	100	90	90	90	90	90*	90*	90	90	90	90	90
	Setbacks
Front (ft)		25	20	20	20	15	15	15*	15*	15	15	10	10	10	C
Rear (ft)		15	15	15	15	15	15	15*	15*	15	15	15	15	15	D, J
Side (ft)		15	10	5	5	5	5	5*	10*	10	10	10	5	5	D, E, J
Corner Lot (ft)		15	15	15	15	15	15	15*	15*	15	15	10	10	10	C, D, J
Aggregate Side (ft)		35	25	15	15	15	15	15*	20*	20	20	20	10	10	D, E, J
Creek Setback		–	–	–	–	–	–	–*	–*	–	–	–	–	–	Chapter 18.70
	Height and Lot Coverage (maximum)
Building Height (ft)		35	35	35	35	35	35	35*	35*	35	35	40	50	75
Lot Coverage		25%	25%	30%	35%	35%	35%	35%*	50%*	50%	50%	50%	60%	70%	M
Floor Area Ratio		40%	40%	40%	40%	40%	40%	40%*	–*	–*	–	–	–	–	N
	Other Standards
Open Space		–	–	–	–	–	–	–*	–*	–	–	–	–	–	F, G
Scenic Route Setback (ft)		25	25	25	25	25	25	25*	25*	25	25	25	25	25	Chapter 18.90
Site Landscaping		–	–	–	–	–	–	–*	35%*	35%	35%	30%	25%	15%	H
Fences and Walls		–	–	–	–	–	–	–*	–*	–	–	–	–	–	J
Nonconforming Structures		–	–	–	–	–	–	–*	–*	–	–	–	–	–	Section 18.200.040.
City-Wide Objective Design Standards		–	–	–	–	–	–	–*	–*	–	–	–	–	–	Section 18.15.040L.

* See Section 18.15.030C (Applicability of Development Standards in RMD Zoning District).

¹ In the R-10A zoning district, the average lot size is 10,000 square feet or more and the minimum lot size is 7,000 square feet.

(Ord. 978, 11/17/2025)

§ 18.15.040 Additional Development Standards.

A. Minimum site area for certain uses. The minimum site area shall be 10,000 square feet for the following use classifications:

1. Day care, general.

2. Care facilities, large.

3. Schools, public or private.

B. Minimum Lot Area. Minimum lot area shall be "net" as defined in Section 18.215.140 ("N" Definitions), except for minor subdivisions comprising of no more than two parcels and located within the R-6, R-7, R-10A, and R-10 zoning districts, in which case the following exception(s) may be approved by the Zoning Administrator and/or Planning Commission:

1. The area of any private driveway access easement required to meet minimum fire district standards, up to a maximum of 30% of the gross lot area, may be included in determining compliance with minimum lot area requirements; provided, that the decision-making authority on the minor subdivision finds that there is no other feasible method for the minor subdivision to comply with minimum fire district standards and also comply with minimum lot area requirements; and

2. The gross lot area of each lot in the proposed minor subdivision complies with the lot area required by the General Plan.

C. Garages. Any garage structure with the garage door or driveway facing a property line shall be set back a minimum of 20 feet from that property line and/or from a private vehicular access easement.

D. Corner and Double-Frontage Lot Setbacks.

1. Double-Frontage Lots. Double-frontage lots, as defined in Section 18.215.120 ("L" Definitions" – Lot Types), shall meet the minimum front setback requirement for the zoning district on each street frontage.

2. Corner Lots. On a corner lot any street side frontage may be used as the front setback, given the following conditions:

a. The entry to the dwelling shall be located on the frontage designated as the front setback,

b. All other setback requirements are met, in compliance with this Chapter, in the event the front setback is switched.

E. Buildings Over 35 Feet. In addition to all applicable standards established in this Chapter, buildings taller than 35 feet in height located on a lot adjacent to a single-family residential zoning district (R-6, R-7, R-10A, R-10, R-15, R-20) shall incorporate one of the following:

1. Stepbacks. Any portion of the building that exceeds the 35-foot base height shall be stepped back at least one foot for every one foot of increased building height above 35 feet. For example, the base wall of a building with a proposed maximum height of 40 feet could be located at the required side and/or rear setback line up to a height of 35 feet, then the wall must recess a minimum of one foot further away from the side and/or rear setback line for every foot beyond the base height of 35 feet until the building attains the height of 40 feet, or an additional five feet. See Figure 18.15-1 (Additional Setbacks for Buildings Over 35 Feet).

2. Additional Side and Rear Setback Area. The required side and rear setbacks established in Table 18.15-B (Development Standards – Residential Zoning Districts) shall be increased by one foot for every one foot of structure height exceeding 35 feet, not exceeding 10 additional feet. For example, a building with a proposed height of 40 feet would have side and rear setbacks that are five feet more than the required side and rear setbacks established in Table 18.15-B (Development Standards – Residential Zoning Districts). See Figure 18.15-1 (Additional Setbacks for Buildings Over 35 Feet).

Figure 18.15-1: Additional Setbacks for Buildings Over 35 Feet

F. Zero-Lot Line Development. A structure legally constructed in conformance with standards for zero-lot line development shall not be considered a nonconforming structure subject to Chapter 18.200 (Nonconforming Provisions); provided, that an exterior addition or enlargement shall require a Use Permit issued by the Zoning Administrator, and no addition or enlargement shall increase the existing floor area by more than 10% nor increase the lot coverage to more than 50%.

G. Open Space. Multi-family residential developments shall have at least 200 square feet of usable open space per dwelling unit. This requirement shall be met by providing private open space, common open space, or a combination of the two in compliance with the Citywide Residential Guidelines and Objective Design Standards. No common open space area shall have a dimension less than 10 feet.

H. Park Land Dedication. Each residential unit is subject to the park land dedication requirements of the Pleasant Hill Subdivision Ordinance (Title 17).

I. Planting Areas. In addition to the minimum percentage of the site to be landscaped, listed in Table 18.15-B (Development Standards – Residential Zoning Districts), the following requirements apply:

1. Setback Areas Adjoining Streets. All visible portions of required setback areas adjoining a street that are not used for driveways or walkways shall be landscaped. In single-family zoning districts, a minimum of 50% of the required front setback areas shall be maintained as landscaped area. Recreational vehicles, utility trailers, unmounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required landscaped area. Landscaped area shall consist of plantings, lawn, mulch, decorative bark, approved decorative landscape features, and other decorative pervious surfaces subject to the approval of the Zoning Administrator.

2. Interior Setback Areas. In the MFVL and MFL zoning districts, at least 50% of each required interior side setback area and rear setback areas shall be landscaped having a minimum width of five feet adjoining a side or rear property line. The width of a required landscaped area may be reduced to three feet in one side or rear setback areas adjoining a driveway or patio, and a nonresidential accessory structure may occupy a portion of the landscaped area in a rear setback area.

3. Notwithstanding Subsection I.2 of this Section and Sections II.A.9 and II.B.13 in the City-wide Design Guidelines and Objective Design Standards a continuous landscaped area having a minimum width of five feet shall be provided along interior property lines when an MFVL, MFL, MFM, MFH, MFVH zoning district adjoins an single-family zoning district.

4. Exception. Up to 50% of the required landscaping area may be provided through the use of decorative hardscape, and/or pervious pavement areas subject to Architectural Review Commission or Planning Commission approval as part of a proposed project (see Chapter 18.105 (Water-Efficient Landscaping).

J. Fences and Walls. All fences and walls in residential zoning districts shall comply with the standards established in Chapter 18.75 (Fences, Walls, and Screening).

K. Setbacks from Vehicular Easements. Minimum required setbacks shall be provided and measured from vehicular easement boundaries in the same manner that such setbacks are provided and measured from a public right-of-way.

L. Citywide Design Guidelines and Objective Design Standards. All single-family residential and multi-family residential development shall comply with the Residential Design Guidelines and Objective Design Standards. Residential development projects that qualify for streamlined permit review, as determined by State law, shall be reviewed by the Zoning Administrator to verify compliance with applicable objective design standards. Qualifying projects that comply with all applicable objective design standards shall be subject to a ministerial Architectural Review Permit. Qualifying projects that do not comply with all applicable objective design standards shall be subject to the discretionary Architectural Review Permit process, as established in Chapter 18.120 (Architectural Review Permits).

M. Lot Coverage for Accessory Dwelling Units. The floor area dedicated to an accessory dwelling unit that is 800 square feet or less shall be exempt from the maximum lot coverage calculations.

N. Floor Area Ratio (FAR) for Accessory Dwelling Units. The floor area dedicated to an accessory dwelling unit that is 800 square feet or less shall be exempt from the maximum FAR calculations.

(Ord. 978, 11/17/2025)

§ 18.15.050 Accessory Dwelling Units (ADU and JADU).

A. Purpose and Intent.

1. 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.

2. Intent. The regulations of this Section are intended to:

a. Implement the provisions of the General Plan Housing Element.

b. Assure compliance with State law.

c. Encourage the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).

d. Streamline and minimize governmental constraints on residential development.

e. Minimize potential adverse impacts on public health, safety, and general welfare that may be associated with accessory dwelling units.

B. Applicability. This Section contains all applicable zoning standards for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). No additional standards from other chapters or sections of the Zoning Ordinance shall apply.

C. Building Code Compliance Required. Any construction, establishment, alteration, enlargement or modification of an ADU or JADU shall comply with the requirements of this Section and the California Building Code. An ADU or JADU that conforms to the standards in this Section will not be:

1. Deemed to be inconsistent with the General Plan and zoning district 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 D.8 of this Section. This does not prevent the City from enforcing compliance with applicable building standards in compliance with California Health and Safety Code Section 17980.12.

D. Definitions. As used in this Section, terms are defined as follows additional terms:

1. Accessory Dwelling Unit (ADU). An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family primary dwelling unit is situated. An accessory dwelling unit also includes the following:

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

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

2. Complete Independent Living Facilities. 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.

3. Attached. An attached structure shares a common wall with the primary residential dwelling structure on a lot. A structure that is connected to the primary residential dwelling solely by a breezeway shall not be considered attached.

4. Efficiency Kitchen. A removable kitchen that does not exceed six lineal feet and includes each of the following:

a. A cooking facility with appliances. Examples of appliances that may be used include microwaves, two-burner electric stove tops, refrigerators, freezers, toaster ovens.

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

c. Food storage cabinets that total at least 30 square feet of shelf space.

5. Junior Accessory Dwelling Unit (JADU). A JADU is a residential unit that does not exceed 500 square feet of livable space and is contained entirely within an existing or proposed structure and includes an efficiency kitchen and access to either private or shared sanitation facilities within the existing structure.

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

7. Living Area. The interior habitable area of a dwelling unit includes basements and attics but does not include a garage or any accessory structure.

8. Nonconforming Zoning Condition. A physical improvement on a property that does not conform with current zoning standards.

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

10. Proposed Dwelling. A dwelling that is the subject of a permit application and that meets the requirements for permitting.

11. Public Transit. 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.

12. Setback. The required front, side, and rear setback for an ADU is measured from the furthest projection of the structure (such as an eave) to the corresponding property line.

13. Tandem Parking. When two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another, such that the front vehicle may not be retrieved without the rear vehicle being moved.

E. Types of Accessory Dwelling Units. An ADU approved under this Section may be one of the following types:

1. Attached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is attached to the proposed or existing primary dwelling, such as through a shared wall, floor, or ceiling.

2. Detached. An accessory dwelling unit that is created from newly constructed space that is detached or separated from the proposed or existing primary dwelling. The detached accessory dwelling unit shall be located on the same lot as the proposed or existing primary dwelling.

3. Converted. An accessory dwelling unit that is entirely located within the proposed or existing primary dwelling or accessory structure, including but not limited to attached garages, storage areas, or similar uses; or an accessory structure including but not limited to studio, pool house, or other similar structure. Converted spaces may include an expansion of not more than 150 square feet beyond the same physical dimensions of the existing space for the sole purpose of accommodating ingress and egress to the unit.

4. Junior Accessory Dwelling Unit. A junior accessory dwelling unit is a unit that meets all the following:

a. Shall only be allowed on lots zoned for single-unit residences and that include an existing or proposed single-family dwelling.

b. Is entirely located within a proposed or existing primary single-family dwelling (an enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure).

c. Has independent exterior access from the primary dwelling.

d. Has sanitation facilities that are either shared with or separate from those of the primary dwelling.

e. Includes an efficiency kitchen as defined in Subsection D.4 of this Section.

F. General Requirements for Approval. The following approvals apply to ADUs and JADUs under this Section:

1. Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved with an ADU permit and building permit under Government Code Section 66323. If an ADU or JADU complies with each of the general requirements in subsection G of this section, it is allowed in each of the scenarios provided in this subsection F.1. An ADU and JADU approved under subsection F.1.a of this section may be combined with an ADU approved under subsection F.1.b of this section, and ADUs approved under subsection F.1.c of this section may be combined with ADUs approved under subsection F.1.d of this section.

a. One Converted ADU and One JADU on a Lot with Single-Family. One converted ADU as defined in Subsection E.3 of this Section and one JADU shall be allowed on a lot with a proposed or existing single-family dwelling if all of the following apply:

i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; 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; and

ii. The converted ADU has exterior access that is independent from the single-family dwelling; and

iii. The converted ADU has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

iv. The JADU, if applicable, complies with the requirements of Government Code Sections 66333 through 66339.

b. One Detached ADU on a Lot with Single-Family. One detached, new-construction ADU shall be allowed on a lot with a proposed or existing single-family dwelling, if all the following conditions are met:

i. The side and rear setbacks of the detached ADU are at least four feet.

ii. The total floor area of the detached ADU is 800 square feet of livable space or smaller.

iii. The peak height above finished grade does not exceed the applicable height limit in Subsections G.2.a through G.2.c of this Section.

c. Converted ADU(s) on a Lot with Multi-Family. One or more ADUs within portions of existing multi-family dwelling structures that are not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages) if each converted ADU complies with State building standards for dwellings. At least one converted ADU shall be allowed within an existing multi-family structure, up to a quantity equal to 25% of the existing multi-family dwelling units in the structure.

d. Detached ADU on a Lot with Multi-Family. No more than two detached ADUs on a lot with a proposed multi-family dwelling, or up to eight detached ADUs on a lot with an existing multi-family dwelling, if each detached ADU satisfies the following limitations:

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

ii. The peak height above finished grade does not exceed the applicable height limit in Subsections G.2.a through G.2.c of this Section.

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

2. Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code Sections 66314 through 66322. Except for Class 1 ADUs approved under subsection F.1 of this section, all ADUs are subject to the standards set forth in subsections G and H of this section.

a. Except as allowed under Subsection F.1 of this Section, no ADU may be created without a Building Permit and an ADU Permit in compliance with the standards established in Subsections G and H of this Section.

b. An ADU Permit shall be processed in compliance with the standards established in Subsection F.3 of this Section.

c. The City may charge a fee to reimburse it for costs incurred in processing ADU Permits, including any costs of adopting or amending the City's ADU ordinance. The ADU Permit processing fee is determined by the Zoning Administrator and approved by the City Council by resolution.

3. Process and Timing.

a. Completeness.

i. 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.

ii. If the City determination under subsection F.3.a.i of this section is that the application is incomplete, the City’s notice must list the incomplete items and describe how the application can be made complete.

iii. 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.

iv. 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.

v. If the City does not make a timely determination as required by this subsection F.3.a, the application or resubmitted application is deemed complete for the purposes of subsection F.3.c of this section.

vi. An applicant may appeal the City’s determination that the application is incomplete by submitting a written appeal to the City Clerk. The Planning Commission 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.

b. An ADU Permit shall be considered and approved ministerially, without discretionary review or a hearing.

c. 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 completed application. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved unless either:

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

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

d. If the City denies an application to create an ADU or JADU, the City shall provide the applicant written comments that include 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 F.3.c of this Section.

e. An applicant may appeal the city’s denial of the application by submitting a written appeal to the city clerk. The planning commission 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.

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

G. General Development Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:

1. Zoning.

a. A Class 1 ADU approved under Subsection F.1 of this Section may be created on any lot in a residential or mixed-use zoning district.

b. A Class 2 ADU approved under Subsection F.2 of this Section may be created on any lot in a zoning district that allows single-family residential uses or multi-family residential uses.

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

2. Height. All ADUs shall comply with the following height requirements, measured above finished grade to the peak of the structure:

a. Except as otherwise provided by Subsections G.2.b and G.2.c of this Section, a detached ADU created on a lot with an existing or proposed single-family or multi-family 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 multi-family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as defined in Section 21155 of the California Public Resources Code. 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 multi-family dwelling that has more than one story above finished grade may not exceed 18 feet in height.

d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zoning district that applies to the primary dwelling, whichever is lower. This requirement shall not require the City to allow an ADU to exceed two stories.

3. Fire Sprinklers.

a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental Term. An ADU or JADU may be rented separate from the primary residence for a rental term of 30 days or longer.

5. Separate Conveyance. An ADU or JADU shall not be sold or otherwise conveyed separately from the primary residence (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot), except as allowed under Government Code Section 66341.

6. Septic System. If the ADU or JADU will connect to an on-site water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

7. Owner Occupancy.

a. ADUs are not subject to owner-occupancy requirements.

b. JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement does not apply if the JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure), or the property is entirely owned by another governmental agency, land trust, or housing organization.

8. Deed Restriction. Prior to issuance of a Certificate of Occupancy for a 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 Administrator. 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 except as allowed under State law.

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 to the Zoning Administrator, providing evidence that the JADU has in fact been eliminated. The Zoning Administrator may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Zoning Administrator'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 a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Municipal Code.

e. The deed restriction is enforceable by the Zoning Administrator or their 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. Income Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Chapter 13 of Division 1 of Title 7 of California Government Code, each Building-Permit application must include an estimate of the projected annualized rent that will be charged for the ADU or JADU.

10. Building and Safety.

a. Building Code. Subject to Subsection G.10.b of this Section, all ADUs and JADUs must comply with all local building code requirements.

b. No Change of Occupancy. 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 a Code Enforcement 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 G.10.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.

11. Certificate of Occupancy Timing.

a. 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. Notwithstanding subsection G.11.a of this section, 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.

H. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU Permit under Subsection F.2 of this Section. No application of any requirements in this Subsection shall prevent the construction of an attached or detached ADU of at least 800 square feet with four-foot side and rear setbacks.

1. Maximum Unit Size.

a. The maximum size of a detached or attached ADU subject to this Subsection is 1,200 square feet.

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

2. Setbacks. ADUs subject to this Subsection shall comply with the following setbacks. Setbacks are measured from property lines or vehicular easements, whichever is applicable.

a. Attached and Detached ADUs.

i. Front Setbacks. Front setback requirements shall comply with the following:

(1) Single-Family Residential Zoning District R-20: 25 feet.

(2) Single-Family Residential Zoning Districts R-15, R-10, R-10A, and Single-Family PUDs/PPDs: 20 feet.

(3) Single-Family Residential Zoning Districts R-6 and R-7: 15 feet.

(4) Mangini-Delu Residential Zoning District RMD: 15 feet.

(5) Multiple-Family Residential Zoning Districts MFM, MFH, MFVH: 10 feet;

(6) Multiple-Family Residential Zoning Districts PUD/PPD, MFL, MFVL: 15 feet.

(7) Mixed-Use Zoning Districts MX-N and MX: 15 feet.

(8) Mixed-Use Zoning District MX-HD: 10 feet.

(9) Mixed Use Zoning District MX-VHD: five feet.

ii. Side and Rear Setbacks. The side and rear setbacks for all ADUs shall be a minimum of four feet.

iii. If the ADU is constructed in the same location and to the same dimensions as an existing structure, no additional setbacks are required.

3. Floor Area Ratio (FAR). No ADU subject to this Subsection shall cause the total FAR of the lot to exceed that of the underlying zoning district.

4. Lot Coverage. No ADU subject to this Subsection shall cause the total lot coverage to exceed the maximum lot coverage requirements of the underlying zoning district as follows:

a. Single-Family Residential Zoning Districts R-20 and R-15: 25% maximum lot coverage.

b. Single-Family Residential Zoning District R-10: 30% maximum lot coverage.

c. Single-Family Residential Zoning Districts PUD/PPD, R-10A, R-7, R-6 and Single-Family PUD/PPDs: 35% maximum lot coverage.

d. Mangini-Delu Residential Zoning District RMD: 70% maximum lot coverage.

e. Multiple-Family Residential Zoning Districts PUD/PPD, MFRVL, and MFRL: 40% maximum lot coverage.

f. Multiple-Family Residential Zoning District MFM: 50% maximum lot coverage.

g. Multiple-Family Residential Zoning District MFH: 60% maximum lot coverage.

h. Multiple-Family Residential Zoning District MFVH: 70% maximum lot coverage.

i. Mixed-Use Zoning Districts MX-N, MX, MX-HD, MX-VHD: There is no lot coverage or FAR maximum established for residential uses in mixed-use zoning districts.

5. Open Space. No ADU may cause the site to be less than the following open space provisions for multi-family and mixed-use zoning districts:

a. Total usable open space on a site having three or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing private open space, shared open space, or a combination of the two.

b. Private Open Space. To satisfy the open space requirement, private open space must be on a patio or balcony, within which a horizontal rectangle has no dimension less than six feet.

c. Shared Open Space. To satisfy the open space requirement, shared open space must be provided by interior side yards, patios and terraces, each designed so that no dimension is less than 10 feet. The open space must be open to the sky and may not include driveways or parking areas or area required for front or corner side yards.

6. Landscaping. No ADU(s) shall cause the total landscaping of the lot to be less than that required in the underlying zoning district as follows:

a. Single-Family Residential Zoning Districts (including PUD and PPD single-family residential): Minimum of 50% of the front yard setback area is to be landscaped.

b. Mangini-Delu Residential Zoning District RMD: At least 35% of the site shall be landscaped.

c. Multi-Family Residential Zoning Districts.

i. Multi-Family Residential Zoning Districts MFVL and MFL: At least 35% of the site shall be landscaped.

ii. Multi-Family Residential Zoning District MFM: At least 30% of the site shall be landscaped.

iii. Multi-Family Residential Zoning Districts PUD/PPD and MFH: At least 25% of the site shall be landscaped.

iv. Multi-Family residential zoning district MFVH: 15% landscaping.

d. Mixed-Use Zoning Districts.

i. Mixed-Use Zoning District MX-N: At least 25% of the site shall be landscaped.

ii. Mixed-Use Zoning Districts MX, MX-HD, and MX-VHD: At least 15% of the site shall be landscaped.

7. Passageway. No passageway, as defined by Subsection D.9 of this Section, is required for an ADU.

8. Parking.

a. General Requirements. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking. The size of the off-street parking necessary for the ADU shall be eight and one-half feet wide by 19 feet deep (if enclosed the space shall be 10 feet wide by 22 feet deep, with a nine-foot-wide door opening) with a 10-foot-wide paved vehicular access from/to the public right-of-way and shall be surfaced with concrete or two inches of asphalt concrete over six inches of aggregate base.

b. Exceptions. Off-street parking for ADUs is not required in the following situations:

i. The ADU is located within one-half mile walking distance of public transit, as defined in Subsection D.11 of this Section.

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

iii. The ADU is located fully within the proposed or existing primary residence or an existing accessory structure.

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 multi-family dwelling on the same lot; provided, that the ADU or the lot satisfies any other criteria listed in Subsections H.8.b.i through H.8.b.v of this Section.

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.

9. Architectural Requirements.

a. The materials and colors of the exterior walls, roof, windows, and doors must match the appearance and architectural design of those of the primary dwelling.

b. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

c. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance shall not be on the same side of the primary dwelling entrance, unless this entrance is screened from public views.

d. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

10. Screening. A ground-level ADU shall provide privacy between the ADU and adjacent parcels with a solid fence at least six feet in height.

11. Historical Protections. The following requirements apply to ADUs on or within 600 feet of real property that is listed in the California Register of Historic Resources: the architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed on the federal, state, or local register of historic places must be located so as to not be visible from any public right-of-way.

I. Fees.

1. Impact Fees.

a. No impact fee is required for an ADU that is less than 750 square feet in size.

b. 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.

c. 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 primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling). Impact fee here does not include any connection fee or capacity charge for water or sewer service.

2. Waiving of Fees. The City shall waive fees for ADUs in the following manner:

a. Building and planning permit fees shall be waived if the ADU is deed-restricted for 55 years at the low-income affordable level.

b. Building, planning, and traffic mitigation fees shall be waived if the ADU is deed-restricted for 55 years at the very low-income affordable level.

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

1. General Requirements. 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 and JADUs Constructed Before 2018.

a. Permit to Legalize. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2018, 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 State ADU or JADU law (Chapter 13 of Division 1 of Title 7 of the California Government Code) or the standards of this Section.

b. Exceptions.

i. Notwithstanding Subsection J.2.a of this Section, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2018, 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 J.2.a of this Section does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

K. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards established in this Section may be allowed by the City with a Use Permit, in accordance with the other provisions of this Title.

(Ord. 978, 11/17/2025; Ord. 980, 12/15/2025; Ord. 983, 4/20/2026)

§ 18.15.060 Accessory Structures and Uses: Residential Districts.

The following regulations apply to accessory structures in residential zoning districts. Accessory dwelling units are excluded from these provisions and are subject to the regulations in Section 18.15.050:

A. Total Floor Area. The total floor area of accessory structures shall comply with the following standards:

1. R-6, R-7, R-10, R-10A, or RMD Zoning District and Comparable PUDs. The total floor area of each accessory structure more than four feet in height shall not exceed 500 square feet. The maximum cumulative total for all accessory structures on the lot shall not exceed 600 square feet.

2. R-15 and R-20 Zoning Districts and Comparable PUDs. The total floor area of each accessory structure more than four feet in height shall not exceed 600 square feet. The maximum cumulative total for all accessory structures on the lot shall not exceed 800 square feet.

3. MFVL, MFL, MFM, MFH, or MFVH Zoning Districts and Comparable PUDs. The total floor area of each accessory structure more than four feet in height shall not exceed 500 square feet. The maximum cumulative total for all accessory structures on the lot shall not exceed 600 square feet.

4. All Other Residential Zoning Districts. For all other residential zoning districts not listed in subsections A.1 through A.4 of this section, the total floor area of each accessory structure more than four feet in height shall not exceed 500 square feet. The maximum cumulative total for all accessory structures on the lot shall not exceed 600 square feet.

B. Height. The height of an accessory structure shall not exceed 12 feet for a flat roof and 14 feet for a pitched roof:

1. The height measurement is taken to the highest point of the structure.

2. Roof decks and railings, windscreens, or similar rooftop structures are prohibited on accessory structures.

3. Shed roof structures shall be sited with the high point of the structure located away from the nearest property line.

C. Setbacks. The following applicable side and rear setbacks from property line shall apply to all accessory structures: Setbacks for accessory structures are to be measured from the outer-most structure projection.

1. Structure less than or equal to 18 inches in height: none required.

2. Structure between 18 inches and eight feet in height: minimum of three feet.

3. Structure greater than eight feet in height: minimum of three feet plus an additional setback equal to the height that the accessory structure is above eight feet, but not to exceed the applicable minimum required side yard setback for the underlying zoning district. For example, if an accessory structure is nine feet in height, the minimum side and rear setback would be four feet.

D. Accessory structures shall be reviewed for substantial conformance with the adopted City-wide Design Guidelines and Objective Design Standards.

E. Arbors and trellises shall not be counted in determining accessory structure compliance with the floor area limitations specified in Subsection A of this Section, provided they have no solid, covered walls and do not have a solid, covered roof. For the purposes of this Section, solid is considered any material that has a visibility percentage of 50% or less.

F. Any accessory structure in a creek setback area shall comply with Chapter 18.70 (Creek Setbacks).

G. An accessory structure in a required front or corner side setback shall not exceed three feet in height except that arbors are allowed within the required front or corner side setback, subject to the following standards:

1. Substantial compliance with Citywide Design Guidelines and Objective Design Standards;

2. Not located in the public right-of-way;

3. Not more than eight feet in height from finished grade;

4. Not more than 15 square feet of covered area; and

5. Subject to compliance with Section 18.55.070 (Traffic Safety Visibility Area).

(Ord. 978, 11/17/2025)

§ 18.15.070 Permanent Basketball Hoops.

A basketball hoop with a permanent foundation is allowed within any setback in residential zoning districts, provided it is set back a minimum of five feet from any property line, is not located within any Traffic Safety Visibility Area (see Section 18.55.070), and it is no higher than 15 feet above finished grade. A Zoning Permit is required prior to installation of any permanent basketball hoop.

(Ord. 978, 11/17/2025)

§ 18.15.080 Swimming Pools and Hot Tubs.

A. Swimming pools and hot tubs shall be fenced as required by the California Building Code.

B. In-ground swimming pools and hot tubs shall be set back a minimum of three feet from the exterior edge of the pool or hot tub to property lines and structures.

C. Above-ground swimming pools and hot tubs are subject to the setback requirements specified in Section 18.15.060 (Accessory Structure and Uses: Residential Districts).

(Ord. 978, 11/17/2025)

§ 18.15.090 Animals.

A. Large Domestic or Nondomestic Animals. The keeping of large domestic or nondomestic animals, other than roosters, as defined in Section 18.215.010 ("A" Definitions) in Part 6, on a site of at least one acre is allowed, so long as there are no more than two mature large domestic or nondomestic animals per acre. Any barn, stable, or other structure used to house large domestic or nondomestic animals shall be located at least 100 feet from the boundary line of a street or public road and at least 50 feet from a side, front or rear property line.

B. Small Domestic Animals. Small domestic animals, as defined in Section 18.215.010 ("A" Definitions) in Part 6, kept as pets are allowed, except no more than three mature dogs and no more than five mature cats, hens, rabbits, or similar-sized animals may be kept, harbored, possessed, or maintained on any residential lot. Roosters are not allowed to be kept for any purpose.

(Ord. 978, 11/17/2025)

§ 18.15.100 Container or Storage Units.

A container or storage unit, as defined in Section 18.215.030 ("C" Definitions) in Part 6, is allowed for up to 10 calendar days, or for a longer period if a Grading Permit or Building Permit for construction on the site and a Zoning Permit has been issued for the container or storage unit.

(Ord. 978, 11/17/2025)

§ 18.15.110 Density Bonus.

A. Purpose and Intent.

1. Purpose. This Chapter provides for additional density, waivers, concessions, and other incentives for affordable housing for qualifying persons, projects, and facilities.

2. Intent. The provisions established in this Chapter are intended to encourage affordable housing development and facilitate the granting of various incentives, waivers, and concessions for qualifying persons, projects, and facilities in compliance with the City's Housing Element and Government Code Section 65915 et seq.

B. Authority and Conflicts.

1. Authority. This chapter and the provisions contained herein are adopted under the authority of Government Code Section 65915 et seq.

2. Conflicts. Where regulations are not specifically addressed in this Chapter, or in the event of a conflict between the provisions of this Chapter and the Government Code, the provisions of the Government Code, as amended over time, shall apply.

C. Eligibility and Types of Bonuses and Incentives.

1. Compliance with State and Local Regulations. To be eligible for a density bonus, incentive, or concession under this Chapter, a proposed housing development project must satisfy the eligibility requirements established in Government Code Section 65915(b)(1) and comply with all other applicable provisions of this Zoning Ordinance, unless otherwise allowed by this Chapter.

2. Eligible Projects. Excluding any units allowed by the density bonus, the City shall grant a density bonus or incentive for eligible projects, if requested by the applicant, in compliance with Government Code Sections 65302, 65913, and 65915 et seq. Eligible facilities include:

a. Very-low income housing with at least 5% of the total units restricted for sale or occupancy to very low income households in compliance with Government Code Section 65915(b)(1)(B);

b. Low-income housing with at least 10% of the total units restricted for sale or occupancy to low income households in compliance with the requirements of Government Code Section 65915(b)(1)(A);

c. Moderate-income housing with at least 10% of the total units restricted for sale to moderate income households in compliance with the requirements of Government Code Section 65915(b)(1)(D);

d. Land Donations in compliance with the requirements of Government Code Section 65915(g);

e. Senior citizen housing developments in compliance with the requirements of Government Code Section 65915(b)(1)(C);

f. Student housing developments with at least 20% of the total units restricted for lower income students in compliance with the requirements of Government Code Section 65915(b)(1)(F);

g. Housing developments with at least 10% of the total units restricted for transitional foster youth, disabled veteran, or homeless persons in compliance with the requirements of Government Code Section 65915(b)(1)(E);

h. Housing development projects with 100% of the units, exclusive of a manager's unit or units, restricted for lower income households, except that up to 20% of the total units and density bonus units may be for moderate income households, in compliance with the requirements of Government Code Section 65915(b)(1)(G).

3. Density Bonus.

a. Eligible development projects shall be granted a density bonus in compliance with Government Code Sections 65915 through 65918.

b. The density bonus shall be an increase in the number of units allowed beyond what is typically permitted by the General Plan, or any applicable provision of the Zoning Ordinance, specific plan, master plan or Land Use Element, depending on the percentage of affordable units provided. The amount of the bonus varies based on the type of affordable housing offered and shall be determined in compliance with Government Code Section 65915. The density bonus shall be set forth in a written agreement that is recorded against the property and subject to review and approval as established in Subsection F of this Section.

4. Concessions and Incentives.

a. Applicants can request a number of concessions or incentives that is allowed based upon the percentage of affordable units as established in Government Code Section 65915.

b. The types of incentives and concessions available to eligible applicants are established in Government Code Section 65915, and include, but are not limited to:

i. Reduction in development standards or a modification of zoning code requirements or architectural requirements, provided the reduction or modification exceeds the minimum building standards approved by the California Building Standards Commission in accordance with Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code;

ii. Parking requirement reductions;

iii. Increased building height or floor area ratio (FAR);

iv. Approval of mixed-use zoning in conjunction with the housing development project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing development project and the existing planned development in the area where the proposed project is located;

v. Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable and actual cost reductions to provide affordable housing costs, as defined in Health and Safety Code Section 50052.5, or affordable rent, as defined in Health and Safety Code Section 50053.

c. The requested concessions or incentives are subject to review and approval as established in Subsection F of this Section.

d. Notwithstanding anything to the contrary in this Section, the City shall not be required to approve any incentive or concession that is not required by Government Code Section 65915.

D. Waivers.

1. Requests. An applicant may request a waiver of any development standard that will have the effect of physically precluding the construction of a housing development project at the densities or with the concessions or incentives permitted for the project. The waiver may provide complete relief or partial reduction from a development standard.

2. Number of Waivers. A housing development that receives a waiver of any maximum controls on density in compliance with Government Code Section 65915 shall only receive a waiver to allow a height increase of up to three additional stories, or 33 feet, in compliance with Government Code Section 65915(e)(3).

a. The waivers are subject to review and approval as set forth in Subsection F of this Section.

b. Notwithstanding anything to the contrary in this Section, the City shall not be required to approve any waiver that is not required by Government Code Section 65915.

E. Parking. Upon the written request of the developer of a housing development that qualifies for a density bonus, the City shall permit vehicle parking ratios, inclusive of handicapped and guest parking, which do not exceed the parking ratios established pursuant to Government Code Section 65915.

F. Application Submittal and Processing.

1. Requests. Requests for a density bonus, incentive, waiver, or concession shall comply with the following:

a. An applicant for a density bonus which satisfies the eligibility requirements established in Section 18.190.030 (Eligibility Requirements) shall submit a request for the specific density bonus, incentive, or concession established in California Government Code Sections 65915 through 65918.

b. Requests shall be made by filing a complete application along with all required information to the Planning Division in the form approved by the Zoning Administrator.

c. The applicant may file a request either before filing a development or entitlement approval of a proposed project or concurrently with an application for project approval.

2. Determination of Complete Request. Within 30 calendar days of filing the application, the Zoning Administrator shall notify the applicant in writing whether the application is complete and provide the applicant a determination as to:

a. The amount of the density bonus for which the project is eligible;

b. The parking ratio for which the project is eligible, if requested by the applicant; and

c. If a concession, incentive or waiver is requested, whether the applicant has provided enough information for the City to decide if the application is eligible for a concession, incentive, or waiver.

3. Review of Complete Application for Density Bonus.

a. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard shall be considered by and acted upon by the approval body with authority to approve the housing development. Any decision regarding a density bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed to the Planning Commission and from the Planning Commission to the City Council.

b. The applicant and City staff shall prepare a proposed written density bonus agreement with terms, conditions, covenants and restrictions for any density bonus, incentive, concession, waiver, modification or revised parking standard. The proposed density bonus agreement shall be presented to the approval body for review and approval or disapproval based upon the requirements of Government Code Section 65915 and this Section of the Municipal Code.

4. Consideration of Request for Concessions and Incentive. The City shall grant an incentive or concession requested by the applicant, unless the City makes a written finding, based on substantial evidence, of any the following:

a. The concession or incentive does not result in identifiable and actual cost reductions, consistent with Government Code Section 65915(k) to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).

b. The concession or incentive would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.

c. The concession or incentive would be contrary to State or Federal law.

5. Consideration of Request for Waivers. The City shall grant a waiver requested by the applicant, unless the City makes a written finding, based on substantial evidence, of either of the following:

a. The waiver would have a specific, adverse impact on health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

b. The requested waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

c. The waiver would be contrary to state or federal law.

6. Requirements for Density Bonus Agreement.

a. The density bonus agreement shall include the following items:

i. The total number of units including restricted units approved for the housing development, the number of density bonus units granted, and the number, type, location, unit size (square footage), number of bedrooms, tenure of restrictions and affordability, and level of affordability of restricted units.

ii. Standards for determining affordable rent or affordable ownership cost for the restricted units.

iii. A schedule for completion and occupancy of restricted units in relation to construction of nonrestricted units.

iv. A description of any incentive, concession, waiver, modification, or revised parking standard being provided by the City.

v. Provisions to ensure affordability of the restricted units, including but not limited to, and where applicable, tenure and conditions governing the initial sale of for-sale restricted units.

vi. Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants and prospective purchasers, setting rental rates, filling vacancies, and operating and maintaining units for rental restricted units.

vii. A description of remedies for breach of the agreement by either party. The City may identify tenants or qualified purchasers as third-party beneficiaries under the agreement.

viii. The required term setting forth the duration of the density bonus agreement, which shall be at least 55 years for affordable units designated as rental housing, and 45 years for affordable units designated as for-sale units.

ix. Other provisions to ensure implementation and compliance with this section and Government Code Section 65915 through 65918.

b. Execution and Recording.

i. The density bonus agreement approved by the City shall be executed by the applicant, property owner, or other person authorized to impose covenants, conditions, and restrictions on the property and the proposed housing development.

ii. Prior to issuance of a building permit, the density bonus agreement shall be recorded against the property in the Official Records of the County to ensure the housing development will comply with the affordability covenants for the duration of the density bonus agreement term.

c. Development and Operation.

i. The affordable units within a housing development that approved under this Section shall be constructed concurrently with the unrestricted units, except as specifically set forth in the density bonus agreement.

ii. Residents of the affordable units shall be entitled to use all of the same amenities within the housing development.

iii. The number of bedrooms of the affordable units shall be proportional to the number of bedrooms in the unrestricted units of the housing development.

iv. The exterior appearance of the affordable units shall be of the same design and appearance as the overall housing development by having the same building form, exterior construction materials, roof form, siding and trim, and window placement and type.

v. Housing developments shall comply with all applicable development standards, except those that may be modified as provided by this Section. In addition, all units in housing developments subject to this Section must comply with all applicable California Building Standards Codes, including but not limited to residential and fire code requirements.

vi. No building permit shall be issued, nor any development approval granted, for any improvements within a housing development subject to this Section which do not meet the requirements of this Section.

vii. No affordable unit shall be rented or sold except in accordance with this Section and the recorded density bonus agreement.

viii. The entry into and execution of a density bonus agreement shall be a condition of any application for a discretionary land use permit, including but not limited to subdivision maps, site plans, and conditional use permits, for a housing development proposed under this Section.

G. Severability. If any provision of this Section or the application thereof to any person or circumstance is held invalid, the remainder of the Section and application of the provisions to other persons not similarly situated or to other circumstances shall not be affected thereby.

(Ord. 978, 11/17/2025)

§ 18.15.120 Emergency Shelters.

A. General. An emergency shelter facility, as defined in Section 18.210.060 (Residential Land Use Classifications) in Part 6 (Definitions and Land Use Classifications), shall comply with all the required development and operational standards of the zoning district in which it is located.

1. Specific Standards. In addition to the development standards in the underlying zoning district, emergency shelters shall comply with the standards established in this Section. In the event of conflict between these standards and the underlying zoning regulations, the provisions of this Section shall apply.

2. Proximity to Similar Facilities. An emergency shelter (or any part of it) shall be no closer than 300 feet to a similar facility.

3. Management Plan. The operator of an emergency shelter shall be qualified to operate the facility and shall prepare and submit a management plan in consultation with the Zoning Administrator prior to commencement of facility operations that includes the following:

a. Adequate security measures to protect shelter residents and surrounding uses;

b. A description of services provided to assist residents with obtaining permanent shelter and income;

c. A description of the screening process for prospective residents to ensure compatibility with services provided at or through the shelter;

d. Hours of operation for the facility;

e. Provisions to ensure that the area surrounding the facility is maintained free of litter or debris;

f. A program for providing staff training to meet the needs of shelter residents;

g. A program for providing community outreach regarding the construction and operation of the facility; and

h. A description of any support services provided on site (support services shall be for the on-site residents only and shall be limited to services provided within the building only).

4. Length of Stay. No individual or family shall reside in an emergency shelter for more than 180 consecutive days with minimum of 60 days between stays. The operator of the emergency shelter shall maintain adequate documentation to demonstrate compliance with this provision.

5. Hours of Operation. An operational emergency shelter shall remain open 24 hours a day, seven days a week.

6. Proximity to Public Transit and Services. An emergency shelter shall be located near public transportation, supportive services, and commercial services to meet the daily needs of shelter residents. If necessary, an emergency homeless shelter shall ensure a means of transportation for shelter residents to travel to and from case management appointments if scheduled off-site.

7. Noise/Nuisances. All activities associated with an emergency shelter shall be conducted entirely within the building. Noise shall be limited so as not to create an adverse impact on surrounding uses. No loudspeakers or amplified sound shall be placed within, or project outside of, the emergency shelter.

8. Off-Street Parking. An emergency homeless shelter shall comply with all applicable provisions of Chapter 18.80 (Off-Street Parking and Loading). In zoning districts where emergency shelters are a permitted use, at least one on-site parking space shall be provided for every two employees working in the emergency shelter. In zoning districts where emergency shelters are allowed through a Use Permit, the number of parking spaces required shall be as specified in the Use Permit based on review of the operational characteristics of the proposed use.

9. On-Site Management.

a. An on-site staff person shall be designated as a neighborhood liaison to respond to, and address, any questions or concerns from surrounding residents regarding facility operations. "Good behavior" and "good neighbor" policies shall be described in the management plan and shall be implemented and enforced at all times by on-site management. Such policies shall include, but not be limited to, prohibition of use or possession of controlled substances by residents; rules concerning the use or possession of alcohol; curfew; prohibition of loitering; and any other provisions necessary to ensure compatibility with surrounding uses. Residents shall be screened for compatibility with shelter resources and for compliance with applicable State and Federal laws. Residents who do not meet the screening criteria shall not be accepted into the facility.

b. On-site management, including employees, partners, directors, officers, or managers, shall be screened prior to issuance of certificate of occupancy to confirm that they have no history of a previously failed emergency shelter (or similar facility) due to the fault of the operator, and have not been convicted of any of the following offenses within the prior five years:

i. A crime requiring registration under Penal Code Section 290;

ii. A violation of Penal Code Sections 311.2 and 311.4 through 311.7;

iii. Violation of Penal Code Sections 313.1 through 313.5;

iv. Violation of Penal Code Section 647(a), (b), or (d);

v. Violation of Penal Code Section 315, 316, or 318;

vi. A felony crime involving the use of force or violence on another; or

vii. The maintenance of a nuisance in connection with the same or similar business operation.

c. The Police Department shall also conduct a background investigation on all applicants.

10. On-Site Security.

a. Security measures shall be sufficient to protect shelter residents and neighbors. On-site security shall be provided during the hours when the emergency homeless shelter is in operation and at all times when shelter residents are present on site.

b. In the event that at least five external, verified complaints concerning unlawful activities at the facility have been received over a 30-day period by the Police Department, the facility shall be required to provide additional on-site security staff to the satisfaction of the Chief of Police and the Zoning Administrator.

11. External Lighting. The emergency shelter shall provide external lighting in accordance with the requirements contained in Section 18.80.120B (Lighting) to maintain a safe and secure environment. Exterior lighting shall be shielded and directed towards the ground and away from surrounding properties.

12. City, County and State Requirements. An emergency shelter shall obtain and maintain in good standing required licenses, permits, and approvals from City, County, and State agencies or departments and demonstrate compliance with applicable building and fire codes. An emergency shelter shall comply with all County and State health and safety requirements for food, medical, and other supportive services provided on site.

13. Number of Beds. An individual emergency shelter shall have no more than 50 beds.

14. Entrance Lobby/Intake Area. The intake area of an emergency shelter shall be a minimum of 100 square feet, located entirely within the building. The entrance to the intake area shall not be located directly facing a public street. Hours of client intake shall be posted. Clients shall not be allowed to form a queue outside the facility.

15. Location. There shall be no less than 300 feet between emergency homeless shelters in any zone district.

16. Smoking Ordinance. Emergency shelters shall comply with the provisions of Chapter 9.45 (Smoking Ordinance).

17. Design Review. New construction and/or exterior alterations to an existing site or building are subject to administrative design review by the Zoning Administrator to ensure substantial conformance with the Citywide Design Guidelines.

18. Additional Requirements. Each emergency homeless shelter shall provide:

a. Lockers or closets for personal property adequate for the number of shelter residents.

b. Clothes washing station(s) or machine(s) adequate for the number of shelter residents.

B. Emergency Shelter Fees. Prior to issuance of a Building Permit for any emergency shelter, any fees or exactions authorized by law, that are applicable to residential development, and that are determined by the City to be essential to provide necessary public services and facilities for the emergency shelter, shall be paid by the operator of the emergency shelter to the city and/or to other applicable public agencies.

(Ord. 978, 11/17/2025)

§ 18.15.130 Home Occupations.

A. General. The following supplemental regulations shall apply to home occupations as defined in Section 18.210.060 (Residential Land Use Classifications) in Part 6 (Definitions and Land Use Classifications). Restrictions upon home occupations are an accommodation between the values fostered by the preservation of areas for residential living, and the liberty to conduct private, nonintrusive economic activity in one's home. The standards established in this Section are intended to guide the review of home occupation applications and to encourage the accommodation of those values when deciding to grant or deny Home Occupation Permits.

B. Permit Required. In order to engage in a home occupation an individual must first obtain a Home Occupation Permit from the Zoning Administrator. A Home Occupation Permit shall be required if any of the following exist:

1. Activities related to retail and/or personal service businesses;

2. The maintenance on the premises of an inventory of materials used in producing a commercial product;

3. A residential address is designated as the business location on the business license application. See Section 5.05.040 (Business Licenses); or

4. Rooms rented to boarders or lodgers.

C. Duties of the Zoning Administrator.

1. Upon receipt of a complete application for a Home Occupation Permit, the Zoning Administrator may issue a Home Occupation Permit. The permit may be issued without a public hearing only if all of the following apply:

a. The applicant will not store significant product inventory or materials related to the occupation on-site;

b. The occupation will generate little or no pedestrian or vehicular traffic; and

c. The occupation will involve the provision of a service at a location other than the applicant's home (e.g., gardening, housekeeping, etc.), or will be limited to the drafting and mailing of written documents (e.g., bookkeeping, typing services, etc.).

d. Compliance with Home Occupation Standards as noted in Subsection D of this Section.

2. In all other cases, the Zoning Administrator shall hold a public hearing under Subsection F.2 of this Section and determine, based upon substantial evidence, whether the proposed occupation would be in compliance with the standards specified in Subsection D of this Section and/or whether any exceptions to those standards should be approved under Subsection F of this Section. The Zoning Administrator shall issue a Home Occupation Permit if they find all the following to be true:

a. The home occupation will conform to the standards specified in Subsection D of this Section, or

b. An exception to the standards as provided for in Subsection F of this Section can be approved.

D. Standards. A home occupation shall comply with the following standards and conditions, unless granted an exception under Subsection F of this Section:

1. The home occupation is conducted entirely within the dwelling unit unless otherwise allowed under Subsection F of this Section;

2. There are no retail sales or personal service uses provided to customers at the premises;

3. There is no more than one vehicle used primarily in connection with the home occupation;

4. There is no on-site sign associated with the home occupation or its products or services, nor signs on or within any vehicle owned or leased by the operator of the home occupation listing the street address of the home occupation or indicating the existence of the home occupation on site;

5. There is no storage on the premises within public view of materials, products, equipment, fuel, or other substances not commonly associated in kind or amount with residential use;

6. The street address of the home occupation is not listed in the telephone book, newspaper, Internet site, or other published advertising media or flyers;

7. The home occupation does not generate traffic in excess of that which is normally associated with residential use and requires no additional parking spaces;

8. The home occupation does not require reconstruction or alteration of the exterior of the dwelling unit;

9. The home occupation does not cause smoke, dust, light, odor, noise, or other emissions which would otherwise interfere with the residential use of the zoning district;

10. The home occupation does not generate quantities or types of refuse or trash which would be abnormal for residential pick-up and collection services;

11. The home occupation does not involve more than one nonresident employee or volunteer on site at any time;

12. The applicant timely obtains a City business license; and

13. The home occupation does not involve any of the following:

a. Illegal conduct including, but not limited to, operation of a business without a business license.

b. Result in any encroachment upon the values served by residential use restrictions including, but not limited to, the deterioration of the physical appearance of the property.

c. Have any other substantial detrimental impact upon adjacent residents.

E. Prohibited Activities. Home occupations may not include:

1. Activities that involve use of loud power equipment, or otherwise create excessive noise, which interferes with the surrounding residential use;

2. Activities that generate exhaust or other air pollutants or emissions;

3. Activities which involve the raising or slaughtering of animals;

4. On-premises vehicle repair;

5. Activities that involve engaging in the business of firearm sales. Any entity or person engaged in the business of firearm sales pursuant to an existing, approved Home Occupation Permit before January 4, 2016, shall be exempt from this Subsection and the locational restrictions for firearm sales established in Section 18.25.080 (Firearm Sales) (except as to ammunition sales) if the home occupation use is limited solely to those activities that were both allowed by terms of the permit issued and legally engaged in by the entity or person at the home-based location before January 4, 2016. Any such entity or person may continue firearm sales at its existing home-based location pursuant to any valid permits and licenses so long as the operator obtains and maintains all applicable permits and licenses required by all agencies (including, the permit required under Chapter 9.35 (Firearms)), and has not sold, transferred, or assigned operation of the business after January 4, 2016.

6. Any commercial cannabis uses or activities, including, but not limited to, the operation of a cannabis retailer, cannabis delivery service, and/or the storage of cannabis in excess of those amounts allowed for personal use in compliance with Health and Safety Code Section 11362.1 et seq.

F. Exceptions.

1. Cottage Food Operation. Under Government Code Section 51035, and notwithstanding the home occupation standards in Subsection D of this Section, the Zoning Administrator shall approve a Home Occupation Permit for a proposed cottage food operation which meets the following standards:

a. Meets the definitions of "cottage food operation" and "cottage food products" in California Health and Safety Code Section 113758;

b. Has a valid registration, permit, or license from the Contra Costa County Health Department, issued in compliance with California Health and Safety Code Section 114365, that specifies the same person, location, type of food sales, and distribution activity specified in the application for the Home Occupation Permit;

c. Complies with all requirements established in the California Health and Safety Code applicable to cottage food operations.

2. Other Home Occupations. If an application for a home occupation, other than a cottage food operation, does not comply with the standards established in Subsection D and E of this Section or requires an opportunity for public input (at the discretion of the Zoning Administrator), the Zoning Administrator shall provide notice of the application under Chapter 18.205 (Noticing Requirements) and shall conduct a public hearing before taking action on the application.

a. Referral. The Zoning Administrator, at their discretion, may refer a Home Occupation Permit application directly to the Planning Commission.

b. Conditions of Approval, The Zoning Administrator or Planning Commission may impose reasonable conditions on the Home Occupation Permit to ensure compliance with the standards of this Section and/or to ensure the home occupation will not have an adverse effect on the neighborhood.

c. Exceptions. An exception to the standards established in this Section may be approved if the review-authority finds that conditions of approval and/or applicant-proposed operational restrictions placed on the home occupation will ensure that the home occupation will not have an adverse effect on the neighborhood.

G. Lapse of Approval. A Home Occupation Permit lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless the home occupation is established. Once established, a Home Occupation Permit automatically lapses if there is a discontinuance of the home occupation for six or more consecutive months.

H. Transferability. The validity of a Home Occupation Permit shall not be affected by a change in home ownership or residency, provided the new owner or resident applies to the Zoning Administrator for a transfer within six months from the time the previous owner/resident ends his or her business. No notice or public hearing is required for a transfer.

I. Changes to Permit. A request for a change in the Home Occupation Permit or a change to a condition of approval requires a new application. Any amendment or change in a condition of approval to an existing Home Occupation Permit shall be reviewed and approved by the review authority that originally approved the permit.

J. Revocation. A home occupation exercised in violation of this Section or a condition of approval may be revoked, as provided in Section 18.190.140 (Revocation or Modification of Discretionary Permits).

K. Resubmittal of Application. Following denial of a Home Occupation Permit, no new application for the same, or substantially the same, home occupation shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice.

(Ord. 978, 11/17/2025)

§ 18.15.140 Inclusionary Housing.

The following supplemental requirements are intended to assist in the implementation of the Housing Element of the General Plan by providing affordable housing, as defined in Section 18.215.010 ("A" Definitions), for households with low- and very low-incomes in residential zoning districts:

A. Requirement. Each housing development of five or more dwelling units shall include one of the following:

1. At least 10% of the dwelling units as inclusionary units for occupancy by low-income households; or

2. At least 5% of the dwelling units as inclusionary units for occupancy by very low-income households; or

3. At least 25% of the dwelling units for qualifying senior residents as defined in California Civil Code Sections 51.2 and 51.3; or

4. At least 20% of the dwelling units as inclusionary accessory dwelling units for occupancy by low-income households.

B. Design Standards and Construction Timing.

1. Location and Design. Inclusionary units shall be dispersed throughout the project. The developer shall construct the inclusionary units in a manner which is representative of the project as a whole, with comparable types of units, bedroom mix, and exterior appearance. From the street, the inclusionary units must not be distinguishable from other units in the project. The average number of bedrooms for all inclusionary units in a project must equal the average number of bedrooms for all other units in the project, up to a limit of three bedrooms per unit. The number of bathrooms per bedroom must equal the proportion of bathrooms in the market-rate units. Inclusionary units may be smaller in aggregate size and have different interior finishes and features than market-rate units so long as the interior features are durable, of good quality, and consistent with contemporary standards for new housing.

2. Timing of Construction. The developer shall construct the inclusionary units concurrently with other units, unless the conditions of approval provide otherwise, or unless the City and developer agree in writing to an alternative schedule for development.

C. Duration of Restrictions. The developer shall assure the affordability of the inclusionary units by a deed restriction of 55 or more years for for-sale housing and rental housing.

D. Resale and Rental Restriction Agreement. Before approval of a final map (for a subdivision) or issuance of a Building Permit (for a project not involving a subdivision), the developer shall enter into a resale and rental restriction agreement in a form approved by the City Attorney in consultation with the Zoning Administrator. The agreement shall be recorded concurrently with the final map and shall include all of the following:

1. The number of inclusionary dwelling units by type, location, and number of bedrooms and bathrooms.

2. Standards for maximum qualifying incomes and maximum sales prices or rents.

3. Applicable certification procedures, including the party responsible for certifying rents and sales prices, and the process that will be used to annually certify incomes of tenants and purchasers.

4. Resale controls and deed restrictions that are binding on the property upon sale or transfer.

5. A liquidated damages provision making a developer or successor who violates these affordable housing restrictions subject to a $750 fine per month per unit from the date of original noncompliance.

E. Security. When a developer intends to construct the inclusionary units, they must provide security to satisfy this requirement before approval of any final map (for a subdivision) or before a Building Permit is issued (if there is not a subdivision). The security shall be appropriate to the intended method of compliance, including one or more of the following:

1. A deed restriction on specific lots totaling the correct percent of the reserved residential lots on the map, and a bond to cover the cost of constructing homes on those lots which are affordable to low- or very low-income households;

2. A bond to cover the housing in-lieu fee (see Subsection G of this Section);

3. A written agreement, with financial security, to provide accessory dwelling units or off-site construction; or

4. Other appropriate security approved in writing by the City Attorney.

F. Off-Site Alternatives. As a complete or partial alternative to the provision of on-site inclusionary units pursuant to this Section, the developer may propose a plan for providing affordable units that would otherwise be required to be provided on the project site at either:

1. An off-site location within the city by acquiring existing single-family or multi-family units that are not currently income restricted and rehabilitating those dwelling units. At least four rehabilitated dwelling units shall be provided for each inclusionary unit required. These units shall comply with all provisions of Subsections C and D of this Section; or

2. An off-site location within the city, in conjunction with a third-party nonprofit affordable housing provider, by constructing, or funding the construction of, the equivalent number of required affordable units off-site subject to City Council approval of an off-site affordable housing agreement. The City may allow off-site construction if the proposal meets all of the following conditions:

a. Financing or a viable financing plan, which may include public funding, shall be in place for the off-site affordable units;

b. Construction of the off-site affordable units must be completed, or provision of funding by the developer for construction of the affordable units must be provided, as specified in a phasing/financing plan subject to City Council approval;

c. The third-party nonprofit affordable housing developer shall enter into an affordable housing covenant with the City to ensure that the affordable housing units shall meet all applicable requirements of this Section; and

d. The units shall comply with the provisions of Subsections C and D of this Section.

The City may require that completion of off-site affordable units be secured as provided in Subsection E of this Section.

G. In-Lieu Fees.

1. Approval Criteria. In extraordinary circumstances, the approving body may authorize the payment of a fee in lieu of providing the inclusionary units required under Subsection A of this Section if any of the following circumstances apply:

a. For projects of nine units or less;

b. For any fractional unit in projects of 10 or more units; or

c. If the developer demonstrates, in connection with the first approval for the development (tentative subdivision map, or development plan if no subdivision is involved), that specific characteristics of the development site make the site unsuitable for households at the required income levels.

d. Whenever the approving body authorizes the payment of an in-lieu fee, the in-lieu fee determination shall be automatically referred to the City Council for review and approval.

2. Calculation of Fee.

a. The in-lieu fee shall be established annually by resolution of the City Council in an amount sufficient to represent a reasonable portion of the gap between the affordable sales price (at the low-income level of affordability) and the market-rate sales price for single-family housing.

b. The in lieu fee shall be based on the average (mean) of the developer's cost to construct a dwelling less the affordable sales price ("developer's difference") and the market-rate purchase price less the affordable sales price ("market-rate difference"). The in-lieu fee can be expressed as follows:

Developer's Difference + Market Rate Difference	= In Lieu Fee
2

c. The in-lieu fee shall be calculated for each of the following home sizes:

i. A 1,200 square foot, two-bedroom home;

ii. An 1,800 square foot, three-bedroom home; and

iii. A 2,200 square foot, four-bedroom home.

d. The following guidelines shall apply to the calculation of the in-lieu fee:

i. The developer cost to construct the dwelling shall be equivalent to the dwelling square footage multiplied by the per foot average cost to construct a dwelling in the city. The per foot cost to construct the dwelling shall be determined annually as established in Exhibit D of the Inclusionary Housing Ordinance In-Lieu Fee Study dated September 15, 2004.

ii. The affordable sales price shall be based on income limits established by the California Department of Housing and Community Development, adjusted for number of bedrooms in the dwelling (see California Health and Safety Code Section 50052.5).

iii. The market-rate purchase price shall be based on a survey of current sale prices of similar sized units in the Pleasant Hill area at the time the fees are established.

iv. For any annual period for which the City Council does not review the fee, up to a maximum of three years in a row, the fee amount may be adjusted by the City Manager based upon the percentage change in the Building Valuation Data published by the International Code Council from the previous year.

3. Time of Payment. The in-lieu fee shall be paid prior to the issuance of a Certificate of Occupancy or as otherwise provided in the conditions of approval.

4. Use of Fees. The City will deposit all housing in-lieu fees in an affordable housing fee fund. The City shall use the fees, and all interest earned on the account, only for the following for use in the development or maintenance of affordable housing in the city:

a. Mortgage subsidies and down payment assistance;

b. Site acquisition;

c. Banking of land;

d. Rental subsidies for very-low or low-income households;

e. Construction financing;

f. Issuance of bonds;

g. Providing predevelopment funds;

h. Providing rehabilitation funds to preserve existing affordable housing stock;

i. Providing loan security; and

j. Any other assistance that will serve to increase or maintain the supply of affordable housing in the city.

5. Refunds. The City may refund an in-lieu fee, authorized by City Council resolution, if all of the following apply:

a. A Building Permit or Zoning Permit expires and no extension is granted;

b. No construction or use occurs; and

c. The applicant applies for a refund within 12 months after the expiration of the Building or Zoning Permit.

6. Fees Not Subject to Mitigation Fee Act. The City Council finds that this in-lieu fee is not a fee subject to the Mitigation Fee Act (Government Code Section 66000 and following) because these fees are an alternative to requiring that inclusionary units be included within the development rather than a fee required of all developers. Payment of the fee is at the request of the developer, with the City's consent.

(Ord. 978, 11/17/2025)

§ 18.15.150 Manufactured Homes.

The following supplemental regulations are to provide opportunities for the placement of manufactured homes in residential zoning districts and to ensure that such manufactured homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.

A. General Requirements. A manufactured home may be used for residential purposes if it has been approved by the Architectural Review Commission, has been granted a Certificate of Compatibility by the Zoning Administrator, and is an allowed use in the underlying zoning district.

B. Requirements for Certificate of Compatibility. The Zoning Administrator shall issue a Certificate of Compatibility if the manufactured home meets the design and locational criteria of this Subsection. The certificate is valid for two years and may be renewed for subsequent two-year periods if the location and design criteria of this Section are met. More specifically, the location and design of a manufactured home shall comply with the following criteria in order to protect neighborhood integrity, provide for harmonious relationship between a manufactured home and surrounding uses, and minimize problems that could occur as a result of locating a manufactured home on a residential lot.

1. Location Criteria. Manufactured homes are not allowed:

a. On substandard lots that do not meet the dimensional standards of Section 18.15.030 (Development Standards for Residential Districts); or

b. On a lot with an average slope of more than 10%, or on any portion of a lot where the slope exceeds 15%.

Except as modified herein, all other provisions contained in this section shall remain in full force and effect.

2. Design Criteria. A manufactured home shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:

a. It must be built on a permanent foundation approved by the Chief Building Official;

b. It must have been constructed after June 15, 1976, and must be certified under the National Manufactured Home Construction and Safety Standards Act of 1974;

c. The unit's skirting must extend to the finished grade;

d. Exterior siding must be compatible with adjacent residential structures. Shiny or metallic finishes are prohibited;

e. The roof must be of concrete or asphalt tile, shakes or shingles complying with the most recent edition of the adopted building codes under Title 14;

f. The roof must have eaves or overhangs of not less than one foot;

g. The floor must be no higher than 20 inches above the exterior finished grade; and

h. Required covered parking shall be compatible with the manufactured home design and with other buildings in the area.

C. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of the manufactured home with the State of California shall be canceled, pursuant to State laws and regulations. Before any occupancy certificate may be issued for use of such a manufactured home, the owner shall provide to the Chief Building Official satisfactory evidence showing that the State registration of the manufactured home has been, or will be, with certainty, canceled; or, if the manufactured home is new and has never been registered with the State, the owner shall provide the Chief Building Official with a statement to that effect from the dealer selling the home.

(Ord. 978, 11/17/2025)

§ 18.15.160 Residential Care Facilities.

When a Use Permit is required for a residential care facility, group residential, or single-occupancy unit in a single-family or multi-family residential zoning district as established in Section 18.15.020 (Land Use Regulations for Residential Districts), the following standards shall apply:

A. Pre-Application Review. A person applying for a Use Permit in a residential zoning district, when the proposed project involves converting an existing building, the applicant shall submit, together with the Use Permit application, a letter or other written comments indicating that the facility is capable of meeting applicable code requirements, from the City Building Division, the Fire Marshal, and any other agencies as determined by City staff.

B. Licensing and Compliance. Facilities shall operate in accordance with State and Federal law and established industry standards.

1. Licensed Facilities. A facility required to have a State license shall maintain that license and operate in compliance with it.

2. Unlicensed Facilities. To ensure that unlicensed residential care facilities are operating in a manner that is consistent with State and Federal law and established industry standards, the following standards shall apply:

a. No Violation. If the facility is not required to be licensed by the State, the owners, managers, operators, and residents shall not provide any services on site which would require licensure under State law.

b. Certification. If certification by a State or Federal agency specific to the type of facility is required, the facility shall receive and maintain that certification.

c. Owner and Operator Information. The applicant shall provide a list of the addresses of all similar facilities in the State operated by the owner, operator, or any affiliated organization within the past five years, and shall certify under penalty of perjury that none of the facilities have been found to be operating in violation of State or local law.

C. Location, Parking, and Loading. In a single-family zoning district (or PUD zoning district planned for single-family residential use) the following standards shall apply:

1. The facility shall be located where there is reasonable access to services, including public transportation;

2. Any off-site or shared parking facilities shall be located on property immediately adjacent to the proposed use, and subject to Section 18.80.040 (Shared Parking Facilities); and

3. Loading areas, if required, shall be screened from the view of other residences.

D. Operations. The owner, operator, or manager shall operate the facility in a manner that does not disrupt the neighborhood or interfere with the residential characteristics of the neighborhood regarding noise, loitering, traffic and deliveries, parking, or littering. The operator shall provide to the City (on an ongoing basis) a name and 24-hour contact telephone number applicable for the person responsible for the facility. Each facility shall comply with the following operations requirements:

1. Residents Per Room. There shall be no more than two residents per bedroom in a single-family residence that has been converted to another residential care facility as specified in this Section. The hearing body has the discretion to set a lower occupancy limit based on evidence as to what is appropriate to the site, including characteristics of the structure, whether there will be an impact on traffic and parking, and whether the public health, safety, peace, comfort or welfare of persons residing in the facility or adjacent to it will be impacted.

2. Staff on Duty. If the proposed use has seven residents or more, the operator shall have qualified staff on duty at the facility at all times.

3. Substance Testing. If the facility is designed for alcohol or drug rehabilitation, the operator shall arrange for ongoing, random alcohol and illegal substance testing of the residents by a qualified, independent third party.

4. Good Neighbor Policy. The operator shall develop, post, and enforce a good neighbor policy. The policy shall include:

a. Designation of an on-site staff member who will be available to respond to any community concerns regarding the facility or residents. If the City receives a complaint involving the facility or residents, the designated staff member shall attempt to resolve the issue within a reasonable time frame.

b. Prohibition of lewd or abusive speech or behavior, or profanity, by staff or residents if audible to neighboring residents.

c. Compliance with City noise regulations, and prohibition of amplified sound outdoors.

d. Maintaining a log of each violation of the good neighbor policy and making this log available for review by City staff at any time. The log shall include the date and time of the violation, description, name of violator, and resolution.

5. Management Plan. The operator shall submit a management plan with the Use Permit application subject to review and approval by the City. The management plan must address management and operation of the facility, safety and security of residents, and building maintenance and staffing, including whether an on-site manager will be present.

(Ord. 978, 11/17/2025)

§ 18.15.170 Single Room Occupancy (SRO).

A. General. The purpose of this Section is to provide opportunities for the development of single-room occupancy (SRO) units, as defined in Section 18.210.060 (Residential Land Use Classifications) of Part 6, that encourage the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services, and to establish standards for these small units.

B. Standards. SRO units are subject to the following standards:

1. Location. SRO units are allowed with a Use Permit in multi-family residential zoning districts and the MX-VDH zoning district.

2. Project Review and Approval. A proposed SRO requires design review approval in compliance with Chapter 18.120 (Architectural Review Permits) and a Use Permit in compliance with Chapter 18.155 (Use Permit).

3. Development Standards.

a. Single-Room Occupancy Facilities. The following standards apply to buildings in which multiple SRO units are provided:

i. Density. The maximum potential number of units allowed within an SRO facility shall be determined based on compliance with applicable development standards of the underlying zoning district (e.g., height, floor area ratio, setbacks, lot coverage, parking, open space).

ii. Common Area. Four square feet of common area per unit shall be provided, with at least 200 square feet of interior common space, excluding janitorial storage, laundry facilities, and common hallways.

iii. Laundry Facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every 20 units or fractional number thereof, with at least one washer and dryer per floor.

iv. Cleaning Supply Room. A cleaning supply room or utility closet that includes a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.

b. Single-Room Occupancy Units. The following standards apply to individual SRO units:

i. Unit Size. An SRO unit shall have a minimum size of 150 square feet and a maximum size of 400 square feet. The average SRO unit size within an SRO facility shall not exceed 275 square feet.

ii. Occupancy. An SRO unit shall accommodate a maximum of two persons.

iii. Bathroom Facilities. An SRO unit may, but is not required to, contain partial or full bathroom facilities. A partial bathroom facility shall include at least a toilet and sink. A full facility shall include a toilet, sink, and bathtub, shower, or bathtub/shower combination. If a full bathroom facility is not provided in-unit, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.

iv. Kitchen. An SRO unit may, but is not required to, contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator, and a stove, range top, or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided in-unit, common kitchen facilities shall be provided with at least one full kitchen per floor.

v. Closet. Each SRO unit shall have a separate closet.

vi. Interior Access. Individual SRO units shall not have separate external entryways.

vii. Code Compliance. SRO units shall comply with all requirements of the California Building Code and all other applicable codes.

4. Accessibility. All SRO units shall comply with all applicable accessibility and adaptability (ADA) requirements. All common areas shall be fully accessible.

5. Management.

a. Facility Management. An SRO facility with seven or more residents shall provide on-site management and an on-site management office.

b. Management Plan. A management plan shall be submitted with the development application for an SRO facility and shall be subject to review and approval by the City. The management plan must address management and operation of the facility, rental procedures, safety and security of residents, and building maintenance and staffing, including whether an on-site manager will be present.

6. Parking. Off-street parking and secure bicycle parking shall be provided as required by Chapter 18.80 (Off-Street Parking and Loading).

7. Tenancy. Tenancy of SRO units shall be for a minimum of 30 consecutive days.

8. Existing Structures. An existing structure may be converted to an SRO facility, consistent with the provisions of this Section.

(Ord. 978, 11/17/2025)

§ 18.15.180 Two-Unit Projects.

A. Purpose. The purpose of this Section is to establish standards for the development of two-unit residential projects within single-family residential zoning districts in accordance with Government Code Section 65852.21.

B. Applicability. The requirements of this Section shall apply to the development and use of two-unit residential dwelling developments in single-family residential zoning districts. As established in Section 18.15.010 (Purpose and Intent of Residential Zoning Districts), single-family residential zoning districts include R-20, R-15, R-10, R-10A, R-7, R-6, and single-family residential PUDs. Two-unit projects in accordance with this Section are prohibited in all other zoning districts.

C. Definitions.

1. Two-Unit Project. A "two-unit project" means a proposed housing development containing no more than two primary residential units on a legally subdivided lot in a single-family residential zoning district in accordance with the requirements of this Section.

2. Individual Property Owner. 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, limited partnership, limited liability company, C corporation, S corporation, etc.) except for a community land trust (as defined by Cal. Rev. and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Cal. Rev. and Tax Code § 214.15).

3. Urban Lot Split. An "urban lot split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of Section 18.15.190 (Urban Lot Splits) and as defined by Government Code Section 66411.7.

D. Application and Processing Procedures.

1. Eligibility. Only individual property owners may apply for a two-unit project.

2. Application. The applicant shall submit an application for a two-unit project using the approved form provided by the City. Only a complete application will be considered. The City shall inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

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

4. Fees. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Section, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.

E. Decision.

1. An application for a two-unit project shall be approved or denied ministerially, by the Building Official, without discretionary review if all the requirements established in Subsection F of this Section are met.

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 Title.

F. Qualifying Requirements. A proposed two-unit project under this Section must satisfy each of the following requirements to qualify for ministerial review, in compliance with this Section and California Government Code Section 65852.21:

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

2. The lot is located in a single-family residential zone as established in Subsection B of this Section.

3. The proposed lot does not include any of the following:

a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

b. A wetland.

c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

d. A hazardous waste site that has not been cleared for residential use.

e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

f. Within a 100-year flood hazard area, unless the site has either:

i. Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

ii. Meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program.

g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.

h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

i. Habitat for protected species.

j. Land under conservation easement.

k. Any other site location identified in Government Code Section 65913.4(a)(6).

4. The lot is not located within a historic district or on property included on the State Historic Resources Inventory, as defined in California Public Resources Code Section 5020.1, or a site that is designated by the City or County landmark or as a historic property or district.

5. The proposed development does 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 (Government Code Sections 7060 through 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. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement including, but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. The following additional requirements shall apply to urban lot split applications:

a. The urban lot split must comply with all applicable objective requirements of the City's subdivision regulations (Title 17) except that no dedication of rights-of-way or construction of off-site improvements are required for an urban lot split.

b. No Prior Urban Lot Split.

i. The lot proposed to be subdivided shall not have been established through a prior urban lot split.

ii. The lot proposed to be subdivided is not adjacent to any lot that was established through a prior urban lot split by the same owner of the proposed lot or by any person acting in concert with the owner. For the purposes of this Section any person acting "in concert" with the owner includes any third party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.

G. Regulation of Uses.

1. Residential Only. Nonresidential uses are prohibited on any lot created through an urban lot split or containing a two-unit residential development.

2. No Short-Term Rentals. No dwelling unit on a lot created through an urban lot split or containing a two-unit development may be rented for a period of less than 30 days.

3. Owner Occupancy. 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.

H. Dwelling Unit Standards. All two-unit residential developments shall comply with the following objective design and development standards, in addition to those imposed by the underlying zoning district:

1. General Requirements.

a. Unless otherwise stated in this Subsection, all two-unit residential dwellings shall comply with the objective design and development standards of the underlying zoning district.

b. The objective development standards in this Subsection may only be enforced to the extent that they do not prevent the construction of two primary dwelling units measuring 800 square-feet each.

c. Dwelling units developed on a lot resulting from an urban lot split must conform to the objective development standards that are imposed through the corresponding zone based on the resulting gross lot area (Table 18.15-B, Development Standards – Residential Zoning Districts) and as outlined in subsections H.4 through H.8 of this section.

d. If a resulting urban lot split size is in between the minimum lot size of two corresponding zones, the default zoning will be the smaller of the two single-family residential zoning districts.

2. Number of Dwelling Units Allowed. The number of dwelling units allowed on a qualifying lot shall comply with the following:

a. Urban Lot Split. 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 subsection, "dwelling unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this Section of this code, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU).

b. Two-Unit Residential Development. On lots not created through an urban lot split, two dwelling units are allowed in compliance with the requirements in this Section, plus any ADU or JADU in compliance with Section 18.15.050 (Accessory Dwelling Unit (ADU and JADU)). See Figure 18.15-2.

Figure 18.15-2: Number of Units Allowed on Qualifying Lots

3. Dwelling Unit Size.

a. Any lot with an area less than 6,313 square feet shall be subject to the standards of the R-6 zoning district.

b. The minimum size of each primary dwelling unit shall be 500 square feet.

c. Any required enclosed parking space shall not be calculated as part of the dwelling unit size.

4. Height Restrictions.

a. Except as otherwise provided in this Subsection, no primary dwelling unit that is developed on the lot may exceed one story or 16 feet in height.

b. If a primary dwelling unit on the lot complies with the setback standards established in Section 18.15.030 (Development Standards for Residential Districts), then the height of a primary dwelling may exceed 16 feet, up to the objective height limit that is imposed through the corresponding zoning district. Notwithstanding the foregoing, no primary dwelling unit may exceed two stories.

c. Maximum height shall be measured from existing or finished grade, whichever is lower, to the peak of the structure.

d. Any portion of a new primary dwelling unit that exceeds one story under this Subsection must be stepped back by an additional five feet from the ground floor.

e. No balcony, deck, or other portion of the second story may project into the stepped back area of the dwelling.

f. No rooftop deck is permitted on any new or remodeled dwelling unit or structure for a two-unit project or resulting from an urban lot split.

5. Demolition Cap. A two-unit project may not involve the demolition of more than 25% of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

6. Lot Coverage. Lot coverage must comply with the objective lot coverage requirements of the underlying zoning district. See Section 18.15.030 (Development Standards for Residential Districts).

7. Floor Area Ratio. Floor area ratio (FAR) must comply with the objective FAR requirements of the underlying zoning district. See Section 18.15.030 (Development Standards for Residential Districts).

8. Setbacks. All setbacks must comply with the objective setbacks of the underlying zoning district (see Section 18.15.030, Development Standards for Residential Districts), except as provided below:

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. Structures Measuring 800 Square Feet. The setbacks imposed by the underlying zoning district 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.

9. Parking. Each new primary dwelling unit must have at least one off-street, covered and enclosed parking space per primary dwelling unit unless one of the following applies:

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

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

ii. A site that contains:

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

(2) A ferry terminal served by either a bus or rail transit service; or

(3) 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.

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

c. If construction of both a primary dwelling unit measuring 800 square feet or less in floor area and the required enclosed parking space would cause development on the lot to exceed the objective lot coverage requirement of the underlying zoning district, then the unit's off-street parking space must be unenclosed.

10. Design Standards. All new primary dwelling units developed on a lot must comply with the objective design standards outlined in the City Wide Design Guidelines and Objective Design Standards.

11. Utilities.

a. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

b. Each primary dwelling unit on the lot that is or that is proposed to be connected to an on-site wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

12. 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.

13. Fire Safety. All structures built on the lot must comply with all current fire safety measures required by the Contra Costa County Fire Protection District.

14. Stormwater and Stormwater Runoff. The development must comply with the following standards:

a. Compliance with California's Stormwater C.3 requirements.

b. The development shall not contribute any net addition to stormwater runoff. A stormwater plan is required to demonstrate compliance and shall include the following:

i. Stormwater Calculations.

(1) Calculate the total disturbed area (TDA) as follows:

TDA = New Impervious Area (sf) + Replaced Impervious Area (sf)

(2) Calculate storage requirement as follows:

Storage Requirement = 0.28 (gal/sf)* TDA

ii. Identify means of storage from the following (a combination of different types is acceptable). Storage retention devices must meet total increased storage requirement:

(1) Rain barrels.

(2) Detention ditches.

(3) Underground storage tanks.

15. Specific Adverse Impacts.

a. Notwithstanding anything else in this Section, the City may deny an application for a two-unit project or an urban lot split 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.

b. "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 (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

c. The Building Official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

I. Separate Conveyance.

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

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

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

4. Between Lots Resulting from an Urban Lot Split. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

J. Deed Restriction. The owner must record a deed restriction for a two-unit project on a form approved by the city, that does each of the following:

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

2. Expressly prohibits any nonresidential use of the lot.

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

4. Development on the lot is limited to development of residential units under this Section, except as required by State law.

5. If the lot is not created by an urban lot split, must expressly state:

a. That the individual property owner(s) are required to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

b. The site is a two-unit project and is therefore subject to the City's two-unit regulations, including all applicable limits on dwelling size and development.

K. 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, 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 the Municipal Code.

(Ord. 978, 11/17/2025)

§ 18.15.190 Urban Lot Splits.

A. Purpose. The purpose of this Section is to allow and appropriately establish standards for the development of two-unit residential projects within single-family residential zoning districts in accordance with Government Code Section 66411.7.

B. Applicability. The requirements of this Section shall apply to urban lot splits in single-family residential zoning districts and the development and use of residential dwelling developments on the resulting lots. As established in Section 18.15.010 (Purpose and Intent of Residential Zoning Districts), single-family residential zoning districts include R-20, R-15, R-10, R-10A, R-7, R-6, and single-family residential PUDs. Urban lot splits, in accordance with this Section, are prohibited in all other zoning districts.

C. Definitions.

1. Urban Lot Split. An "urban lot split" is the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this Section and as defined by Government Code Section 66411.7.

2. Individual Property Owner. 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, limited partnership, limited liability company, C corporation, S corporation, etc.) except for a community land trust (as defined by Cal. Rev. and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Cal. Rev. and Tax Code § 214.15).

D. Application and Processing Procedures.

1. Application Requirements.

a. Eligibility. Only individual property owners may apply for an urban lot split.

b. Application Form. An application for an urban lot split must be submitted on the City's approved form. Only a complete application will be considered. The City shall inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

c. Fee. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Section, in accordance with applicable State law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.

2. Decision and Approval.

a. Parcel Map. An application for a parcel map for an urban lot split is approved or denied ministerially, by the Building Official, without discretionary review.

b. Tentative Parcel Map. A tentative parcel map for an urban lot split shall be approved ministerially if it complies with all the requirements of this Section. The tentative parcel map may not be recorded. A final parcel map may be approved in accordance with this Subsection D.2.b only once the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. A tentative parcel map expires in accordance with the Subdivision Map Act.

c. 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.

d. 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 Section.

E. Qualifying Requirements. To qualify for ministerial review, a proposed urban lot split under this Section must satisfy all qualifying requirements listed below as well as the following additional Map Act compliance requirements:

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

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

3. The proposed lot does not include any of the following:

a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

b. A wetland.

c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

d. A hazardous waste site that has not been cleared for residential use.

e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

f. Within a 100-year flood hazard area, unless the site has either:

i. Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

ii. Meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program.

g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.

h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

i. Habitat for protected species.

j. Land under conservation easement.

k. Any other site location identified in Government Code Section 65913.4(a)(6).

4. The lot is not located within a historic district or on property included on the State Historic Resources Inventory, as defined in California Public Resources Code Section 5020.1, or a site that is designated by the City or County landmark or as a historic property or district.

5. The proposed development does 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 (Government Code Sections 7060 through 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. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement including, but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Government Code Section 66410 et seq., "SMA"), including implementing requirements in this code, except as otherwise expressly provided in this Section.

7. If an urban lot split violates any part of the SMA, the City's subdivision regulations, including this section, or any other legal requirement:

a. The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.

b. The City has all the remedies available to it under the SMA, including but not limited to the following:

i. An action to enjoin any attempt to sell, lease, or finance the property.

ii. An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

iii. Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

iv. Record a notice of violation.

v. Withhold any or all future permits and approvals.

c. Notwithstanding Government Code Section 66411.1 (SMA), no dedication of rights-of-way or construction of off-site improvements is required for an urban lot split.

8. Compliance with the City's Subdivision Regulations. The urban lot split must conform to all applicable objective requirements of the City's subdivision regulations (Title 17, Subdivisions) except that no dedication of rights-of-way or construction of off-site improvements are required for an urban lot split.

9. Zone. The lot to be split is designated as a single-family residential zone district. A single-family residence is allowed by-right. (R-20, R-15, R-10, R-10A, R-7, R-6, and appropriate PUDs).

F. Regulation of Uses.

1. Residential Only. No nonresidential use is permitted on any lot created by urban lot split.

2. No Short-Term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.

3. Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.

G. Lot Size.

1. The lot to be split must be at least 2,400 square feet.

2. The newly created lots resulting from the urban lot split must each be at least 1,200 square feet.

3. Each of the resulting lots must be between 60% and 40% of the total square footage of the original lot area.

H. Easements.

1. The owner, if required, must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

2. Each easement must be shown on the tentative parcel map.

3. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subsection D.2 of this section.

4. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the City will provide, a notice of termination of the easement, which the owner may record.

I. Lot Access. Each newly created lot resulting from the urban lot split must have access, or be adjacent to the public right-of-way, that satisfies the objective provisions of the Subdivision Map Act and emergency access provisions of the Contra Costa County Fire Department Standards.

J. Dwelling Unit Standards. A dwelling unit developed on a lot resulting from an urban lot split shall comply with the design and development standards established in Section 18.15.180H (Two-Unit Projects) based on the resulting gross lot area for each lot.

K. Separate Conveyance.

1. Within a Resulting Lot.

a. Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

b. Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

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

2. Between Resulting Lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

L. Deed Restriction. The owner must record a deed restriction, on each lot that results from the urban lot split, on a form approved by the City, that does each of the following:

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

2. Expressly prohibits any nonresidential use of the lots created by the urban lot split.

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

4. Limits development of the lot to residential standards that comply with the requirements of this section, except as required by state law.

(Ord. 978, 11/17/2025)