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Title 17 ZONING
Chapter 17.01 ADMINISTRATION
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17.01.060 Definitions.
"Accessory dwelling unit" or "ADU" see Chapter 17.04.210.B. means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where a single-family dwelling unit is situated.
The term also includes an "efficiency unit" as defined in Health and Safety Code Section 17958.1 and a "manufactured home" as defined in Health and Safety Code S ection 18007.
"Floor area ratio" for non-residential developments means the gross floor area of all buildings and structures on the lot, excluding parking structures, elevator shafts and stairwells, but including covered storage areas, divided by the total lot area. For residential developments, means the livable floor area divided by the total lot area. An illustration is provided below for reference.
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Height, building structural. "Structural Building height" means the vertical measurement from the highest point of the structure (excluding any projections which this title expressly authorizes above the maximum height) to the average finished ground level of the site , as illustrated below closest finished grade. For properties with a sloping grade, the maximum allowable height shall be measured as the vertical measurement from the closest sloping finished grade to an imaginary plane located the allowed number of feet above and parallel to the finished grade at the time of project submittal.
Measuring Building Height
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"Lot coverage" means the percentage of the lot covered by buildings or structures (as illustrated below), including all covered parking spaces, but not including walkways and driveways; outdoor swimming pools; trellis and similar structures that are a minimum 50 percent open to the sky; and semi-uncovered patios and landings that are a minimum of 50 percent open to the sky ; unenclosed stairways; and up to 120 feet for one storage structure patio structures are not included in single- family residential zones; and recreational-leisure buildings and facilities are not included in multiple- family residential zones.
“Top plate height” means the horizontal framing member that caps an exterior wall and supports rafters or roof framing.
Lot Coverage
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Article III Specific Uses in Residential Zones
§ 17.04.205 Accessory Buildings and Structures
A. Height. Accessory buildings and structures located in any residential zone shall not exceed one (1) story and 16 feet in height.
B. Floor Area. The total area for enclosed accessory buildings and structures shall not exceed 800 square feet per residential property. If there is more than one (1) detached single-family dwelling on a property, the total area for accessory buildings shall not exceed 600 square feet per dwelling.
C. Lot Coverage and Floor Area Ratio (FAR). The roofed area shall be included in the maximum lot coverage and the square footage shall be included in the maximum floor area of the accessory building. In addition, the lot coverage and square footage shall be included in the maximum lot coverage and FAR of the underlying zoning district.
D. Location. Accessory buildings and structures located in any residential zone shall not be located at a distance less than 50 percent of the depth of the lot from the front lot line, or 50 feet, whichever is less. In addition, it shall not be located within a front yard or street side yard setback of the underlying zoning district.
E. Setbacks. Accessory buildings and structures located in any residential zone shall have a minimum interior side and rear yard setback of four feet. On a corner lot, the setbacks shall meet the minimum required of the underlying zoning district.
F. Design. The exterior design shall have the same architectural style as the primary dwelling or multiple-family structure(s). In addition, it shall use the same materials, colors, exterior finishes, roof form and windows/doors. Accessory buildings and structures shall comply with the adopted Objective Design Standards of this Title. This shall not apply to structures for animal enclosures and related activities, greenhouses or conservatories.
G. Bathrooms and Other Plumbing. Plumbing for bathrooms, washer hookups and other plumbing are permitted as part of an accessory building for residential uses. For bathrooms with showers or bathtubs, a covenant shall be signed and recorded against the property by the property owner stating that the structure will not be converted to an accessory dwelling unit or urban dwelling without obtaining necessary permits from the City and paying any required fees.
H. See Article IV R- H zone of this Title for additional standards and requirements for accessory buildings.
Article III
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§ 17.04.210 Accessory Dwelling Units and Junior Accessory Dwelling Units
17.04.210 Accessory Dwelling Units and Junior Accessory Dwelling Units A. Purpose. The purpose of this section is to establish regulations governing Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Unit s (JADUs) in accordance with California Government Code Section 66310-66342, et seq., as amended from time to time, and other applicable state laws. This section is not intended to conflict with State Law and shall be interpreted to be compatible with state enactments.
Facilitating the development of ADUs and JADUs will increase the availability of affordable housing to suit the variety of lifestyles and needs of the community, while mitigating impacts on traffic, utilities, and public health and safety and preserving the character of residential neighborhoods.
B. Definitions. Words and terms as used in ADU and JADU regulations of this Section are defined as follows:
“Accessory Dwelling Unit” or “ADU” means an attached or detached residential unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residential unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and be located on the same parcel that the primary residential unit is or will be situated.
An accessory dwelling unit can also be an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, or a manufactured home, as defined in Section 18007 of the Health and Safety Code.
“Accessory Building” or “Accessory Structure” means a detached structure that is accessory and incidental to a dwelling located on the same lot.
“Attached” means the ADU or Junior ADU shares a wall with the existing or proposed single dwelling or the multiple- family dwelling, with both sides of the wall being habitable space. ADUs or Junior ADUs shall not be connected to the existing or proposed single-family dwelling or multiple -family structure solely by a patio cover, breezeway or similar roofed area.
“Building Height” means height is measured at existing legal grade to the peak of the structure.
“Complete Independent Living Facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single- family or multiple-family dwelling is or will be situated.
“Detached” means the ADU is physically separated from the existing or proposed single dwelling or the multiple-family dwelling.
“Efficiency Kitchen” means a kitchen that includes at a minimum:
1. Appliances for cooking food and refrigeration, either built-in or countertop.
2. A sink for food preparation greater than 12 inches by 12 inches, excluding the sink located in the bathroom.
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3. A food preparation counter.
4. Storage cabinets that are reasonable size in relation to size of JADU.
“Efficiency Dwelling Unit” means a dwelling unit which contains a minimum of 150 square feet in living space, a separate closet, kitchen sink, cooking appliance, refrigerator, and a separate bathroom containing a water closet, lavatory, bathtub, or shower.
“Existing Floor Area” means a legally permitted building constructed on the site with a final inspection or certificate of occupancy as of the date of application submittal, that conforms to current zoning standards or is legal nonconforming as to current zoning standards.
“Human Being” means in the context of property ownership, an individual that is not a corporation or other legal entity and that is otherwise considered to be a legal “person”. A “human being” may be a property owner who owns real property and holds title to that property in their name as: an individual, community property, a member of a joint tenancy, a tenant in common, a trustee or a benefactor of a trust or a partner of a partnership, but not as an officer of a corporation or other such legal entity.
“Ingress and Egress” means ability to enter and exit a property and not included as part of living area and livable space for the ADU. Additions for ingress and egress shall only be for means of access to the ADU that may be inaccessible otherwise.
“Junior Accessory Dwelling Unit” or “JADU” means a residential dwelling unit that satisfies all of the following: (i) it is no more than 500 square feet in size; (ii) it is contained entirely within an existing or proposed single-family structure (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); (iii) it includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single - family structure; (iv) if the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single- family structure in addition to an exterior entrance that is separate f rom the main entrance to the primary dwelling; and (v) it includes an efficiency kitchen. Either the JADU, single-family residence, or ADU if one exists on the property shall be owner - occupied. A JADU is not permitted on property owned by a corporate entity or LLC. A recorded covenant is required for JADUs prior to approval. For the purposes of this definition, enclosed uses are within the residence, with the exception of attached garages, to be a part of the proposed or existing single-family residence and enclosed with solid walls on a minimum of three sides.
“Living Area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
“Livable Space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. A livable space does not include storage rooms, boiler rooms, passageways, attics, basements, garages, stairwells, and spaces used for ingress/egress.
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“High-Quality Transit Corridor (HQTC)” means a corridor with fixed route bus service with service intervals no longer than 20 minutes during peak commute hours.
HQTC definition shall be consistent with definition provided in Section 21155 of the Public Resources Code.
“Major Transit Stop (MTS)” means a site containing any of the following: a) an existing rail or bus rapid transit station, b) a ferry terminal served by either a bus or rail transit service or c) the intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods. Definition of MTS shall be consistent with definition provided in Section 21155 of the California Public Resources Code.
“Multiple-Family Dwelling” or “Multifamily Dwelling” for the purpose of this section, means two or more attached dwelling units. Multiple detached single- family dwelling units on the same lot are not considered multifamily dwellings. A multiple - family dwelling may also be referred to as a “primary dwelling”.
“Nonconforming Zoning Condition” means an approved or permitted physical improvement on a property that does not conform with current zoning standards.
“Objective Standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
“Passageway” means a pathway that is unobstructed, clear to the sky, and extends from a street to one (1) entrance of the accessory dwelling unit.
“Primary Legal Residence” means the primary domicile and permanent home of the property owner as a legal resident of the State of California and as determined by the State of California for the purposes of taxation. Proof of such residency shall be demonstrated by the property owner presenting to the City a current unexpired valid copy of one of the following showing the address of the subject property as their primary legal residence: a California driver’s license, a California Real ID, or other State of C alifornia identification card and/or a Federal Government issued United States passport or Military ID.
“Property Owner” means all persons owning a piece of real property but may be specifically limited for some regulations to be only an individual “human being” and it shall include their heirs, successors, and assigns.
“Proposed Dwelling” means a single or multiple -family dwelling that is the subject of a permit application and that meets the requirements for permitting.
“Public Transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
“Exempt ADUs” refers to ADUS and JADUS that are created pursuant to Government Code Section 66323 that must be approved ministerially and are not subject to standards set forth in Government Code Sections 66310-66342.
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“Tandem Parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
C. ADU Review
1. The City shall ministerially review applications for any proposed ADUs and/or JADUs, in conformance with this Code and Sections 66310 to 66342 of the California State Government Code, as currently adopted and as subsequently amended from time to time, in the future.
2. The ADU and/or JADU application review fee is determined by City Council by resolution in the adopted fee schedule and is subject to annual cost of living increases.
3. The overall review time between the acceptance of the ADU and/or JADU application as complete with all required materials, full payment of applicable fees shall not exceed 6 0 business days. If the City has not approved or denied the completed application within 60 business days, the application shall be deemed approved. However, failure by the property owner and/or applicant to provide in a timely and correct manner any requested materials, documents, calculations, corrected plans and/or payment of fees shall be grounds for denial of the proposed project and termination of the 60 business day review timeline, as determined appropriate by the Director of Community Development.
a. Defect Notification. In the instances when plans have been accepted for review are subsequently denied, the 60 business day limit will be terminated, and the plans shall be returned by the City to the property owner or designated representative accompanied with a full set of written comments from the City listing the items that are defective or deficient and a description of how the application can be remedied. Once the plans are resubmitted and are successfully accepted as complete, then a new 60 business day processing timeline shall be initiated.
b. Good Faith Processing. The property owner shall act in good faith and respond in a timely manner when corrections are requested. If it is determined that it will take more than five business days to respond, then the property owner should file an extension of time to continue the processing timeline beyond the 60 business day limit. Failure by the property owner to respond in a reasonable and timely manner by submitting corrected plans or by requesting a time extension shall be grounds for denial of the pr oject, as determined appropriate by the Director of Community Development before the lapse of the 60 business day review period.
4. Following a denial, a subsequent application resets the 60 business day period.
5. When an application to create an ADU or JADU is submitted with an application to create a new single- family or multifamily dwelling on the lot, the City may delay acting on the application for the ADU or JADU until the City acts on the permit application t o create the new single- family or multifamily dwelling, but the Ordinance No. 25-1762 Page 9 of 58
application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
a. Prior to final inspection of an ADU, the hosting primary dwelling unit shall be completed with a successful final inspection allowing occupancy that is completed prior to, or concurrently with, a successful final inspection of the ADU, allowing ADU occupancy.
6. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued concurrently.
7. The ADU and/or JADU shall be limited to the floor area approved at the time of building permit issuance. Any owner wishing to incorporate the floor area of an ADU and/or JADU from conversion of existing space back into the primary dwelling unit must request termination of the ADU/JADU use under this Section, satisfying all zoning and development standards of the underlying zone.
D. Limitations to Develop, Sell, Convey or Rent an ADU.
1. An accessory dwelling unit shall not be permitted in combination with any of the following developments:
a. ADU constructed per Subsection (Y) (Exempt Units).
b. Housing development subject to Section 65852.21 of the Government Code.
c. Urban lot split subject to Section 66411.7 of the Government Code.
2. Rental Term. The rental of ADUs or JADUs shall be for a duration longer than 30 consecutive days. Short-term rentals shall be prohibited.
3. No Separate Conveyance. Except as otherwise provided in the Government Code Section 66341, an ADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single- family lot) or f rom the lot and all of the dwellings (in the case of a multifamily lot).
E. Zoning
1. An ADU or JADU, notwithstanding Subsection (Y) (Exempt Units), may be created on a lot that is zoned to allow single- family dwelling residential use or multifamily dwelling residential use.
2. An ADU or JADU subject to Subsection (Y) (Exempt Units) may be created on a lot in a residential (R-Zones) or mixed-use zone.
3. No ADU or JADU shall be created on a lot that is in the Commercial or Manufacturing Zones.
F. Number of ADU and JADU Units
1. For lots with an existing or proposed single-family dwelling:
a. One new construction ADU, detached or attached, complying with the development standards set forth in Subsections (G) to (X). The ADU may be developed in conjunction with a JADU; or
b. Exempt ADU which includes the following:
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i. One detached, new construction ADU, complying with the development standards set forth in Subsections (Y)(2)(a). The Exempt ADU may be developed in conjunction with a JADU. ii. One ADU and one JADU created within an existing or proposed single-family dwelling or accessory building, complying with the development standards set forth in Subsections (Y)(2)(b). c. A lot where only one residential dwelling unit exists may either have an ADU or an accessory living quarter, but not both. For the purposes of this section, other accessory buildings which are defined as “R” Occupancy per Chapter 3 of the California Building Code such as, a cabana, pool house, recreation room, workshop, studio, rumpus room and similar shall be considered accessory living quarters. An accessory living quarter may be converted to an ADU. Nothing herein shall prohibit the creation of a JADU on such a lot that contains an accessory living quarter.
2. For lots with two existing or proposed detached single-family dwellings:
a. Exempt ADU which includes the following:
i. One detached, new construction ADU, complying with the development standards set forth in Subsections (Y)(2)(a). ii. One ADU created within an existing or proposed single- family dwelling or accessory building, complying with the development standards set forth in Subsections (Y)(2)(b).
b. No JADU shall be permitted within lots with two detached single- family dwellings.
3. For lots with an existing or proposed multiple-family dwelling:
a. Exempt ADUs which includes the following:
i. Multifamily Converted ADUs, complying with the development standards set forth in Subsections (Y)(3)(a).
1. At least one ADU and up to 25% of the existing multifamily dwelling units may be created within the portions that are not used as livable space.
a. Fractions shall be rounded down to the nearest whole number.
ii. Multifamily Detached ADUs on Lots with Existing Multifamily Dwelling(s), complying with the development standards set forth in Subsections (Y)(3)(b).
1. A maximum of eight detached ADUs are allowed, not to exceed the number of existing units on the lot.
iii. Multifamily Detached ADUs on Lots with Proposed Multifamily Dwelling(s), complying with the development standards set forth in Subsections (Y)(3)(c).
1. A maximum of two (2) detached ADUs are allowed.
b. No Junior ADU shall be permitted in lots with an existing or proposed multiple-family dwelling.
G. Configuration and Location.
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1. An ADU may be:
a. Attached ADUs - Attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, and accessory structures.
b. Detached ADUs - Detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. c. Located within a proposed or existing primary dwelling or multiple -family dwelling or detached from the proposed or existing primary dwelling or multiple-family dwelling.
2. A JADU shall be attached to, or located within, the existing or proposed primary dwelling.
3. The following ADU configurations shall be prohibited:
a. ADUs shall not be attached to any existing detached accessory structure that do not meet current setback requirements for ADUs, including required garages for the main dwelling.
b. Floor area of the ADU shall not be below the finished grade. c. For lots with an existing or proposed single-family dwelling, detached ADUs shall not exceed one story in height and/or be constructed over accessory structure(s).
d. ADUs located within the R-H zone shall be subject to the Norwalk Municipal Code Section 17.05.350(E).
4. ADU location shall be in substantial conformance with the conditions of approval for any existing discretionary or ministerial approvals on file for the subject property. Substantial changes that conflict with any conditions of approval will require an amendment or termination of the said entitlement or permit. a. Multifamily dwelling units proposing for conversions of project amenities including, but not limited to, open space, laundry rooms, recreation rooms, etc. are strongly discouraged. Landlord shall make a good faith effort to inform tenants of their intent t o convert a portion of the project’s amenities into units to the satisfaction of the Director of Community Development.
5. ADU location shall comply with vision clearance dedications required per Section
17.03.250 (Corner Cut-Off Area—Vision Clearance Dedication).
6. An existing residential unit may be converted to an ADU, but not as a JADU, at the time that a new primary dwelling is proposed for construction, provided the existing residential unit conforms to all the standards under this section.
H. Unit Size
1. Minimum Unit Size. An ADU shall be no less than 150 square feet in size.
2. Attached ADU (new). The maximum unit size for an attached ADU shall not exceed 50 percent of the existing or proposed primary dwelling. In addition, the attached ADU shall not exceed 850 square feet for a studio or one (1) bedroom and 1,000 square feet for more than one (1) bedroom.
3. Detached ADU (new). The maximum unit size for a detached ADU shall not exceed 850 square feet for a studio or one (1) bedroom and 1,000 square feet for more than one (1) bedroom.
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4. Junior ADU. The maximum square footage for a JADU shall be 500 square feet.
5. Conversions of Existing Structure. There shall be no size limit for conversions of existing permitted structures.
I. Lot Coverage and Floor Area Ratio (FAR)
1. Lot Coverage. The maximum lot coverage by all structures on lots developed with ADUs shall not exceed underlying zoning requirements.
2. Floor Area Ratio (FAR). The maximum FAR on lots developed with ADUs shall not exceed underlying zoning requirements.
J. Setbacks and Building Separation
1. The minimum interior side yard and rear yard setback for an attached or detached ADU shall be four (4) feet, unless the ADU is:
a. Converted from an existing legal or legal-nonconforming structure; or b. A new structure created in the same location and to the same dimensions as an existing legal or legal nonconforming structure.
2. For ADUs over one-story in height, the second story shall be setback an additional five feet from the first floor along the front, interior side, and street side setbacks.
3. The minimum front yard and street side yard setback shall comply with the underlying zone.
4. A minimum building separation of five feet, measured from eave to eave, shall be maintained between the accessory dwelling unit and any structures on site.
K. Building Height
1. Detached ADU. A maximum height of 16 feet in all zoning districts. Additional height may be permitted as follows:
a. A maximum height of 18 feet when the lot is a half-mile walking distance from a major transit stop or high-quality transit corridor. i. An additional two feet may be permitted to accommodate roof pitch that aligns with the primary dwelling for a maximum of 20 feet. b. A maximum height of 18 feet on a lot with an existing or proposed multifamily that is more than one (1) story in height.
2. Attached ADU. A maximum height of 25 feet or the height limitation of the underlying zone, whichever is lower.
3. Non-exempt detached ADUs shall not exceed one-story in height.
4. New construction ADU shall not be permitted above a detached garage or carport on lots with a single-family dwelling.
5. Plate height shall be limited to eight feet per story.
L. Off-Street Parking Requirements
1. No parking shall be required for a JADU.
2. One off -street parking space is required for each ADU. Such parking may be provided as tandem parking, as defined in this section, on a driveway.
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3. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement of the lost off-street covered parking shall not be required to be replaced.
4. Notwithstanding this Subsection, off-street parking requirements shall not apply to ADUs in any of the following circumstances:
a. The ADU is located within one- half (½) mile walking distance of public transit, as defined in this section.
b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is located within the proposed or existing primary residence or an accessory structure.
d. When on- street parking permits are required but not offered to the occupant of the ADU.
e. When there is a car share vehicle located within one (1) block of the ADU.
f. When a permit application for an ADU is submitted with a permit application to create a new single- family dwelling or a new multifamily dwelling on the same lot, provided that the ADU satisfies any other criteria listed in (a)-(d) above.
M. Driveways
1. An ADU shall share the driveway with the existing or proposed primary dwelling unit. A second driveway shall not be permitted, unless the proposed second driveway is accessed from an alley. If the property has two (2) existing driveways, the second driveway may remain if lawfully established.
N. Density
1. An ADU or JADU that conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which it is located. It shall be deemed to be an accessory residential use that is consistent with the existing General Plan and zoning designation for the lot.
O. Design
1. The materials and colors of the exterior, including but not limited to walls, roof, and windows and doors, shall match the appearance and architectural design of those of the primary dwelling.
2. Stairwells leading to ADUs shall be enclosed.
3. The roof pitch must match that of the dominant roof pitch of the primary dwelling.
The dominant roof pitch is the pitch shared by the largest portion of the roof.
4. When the roof pitch of the existing primary dwelling or multifamily dwelling had a pitch greater than 4:12, the roof pitch of the ADU is not required to match, so long as the ADU complies with the height requirements set forth in Subsection (K).
5. For attached ADUs and JADUs, the entrance shall be located on the side or rear of the primary dwelling. The entrance is prohibited from being located on the front Ordinance No. 25-1762 Page 14 of 58
of the primary dwelling unit, facing the public right -of-way. In addition, there shall be no exterior staircase leading to or from an attached ADU or JADU.
6. For detached ADUs, the entrance shall not face or be visible from the public right- of-way.
7. For ADUs and JADUs converted from a garage or other existing accessory buildings, the garage door shall be removed and replaced with building doors, windows, and/or other design features. A three (3) foot wide planter with drought - tolerant plants shall be installed between the ADU or JADU and any driveway.
8. ADUs shall not be designed with upper story balconies or elevated decks.
9. Exterior lighting shall be shielded or directed downward to prevent off -site illumination onto adjacent property.
10. ADUs shall have an eave projection of at least one (1) foot on all sides of the building(s).
11. Windows and doors shall not have direct line of sight to the adjacent residential property. Fencing, landscaping, or privacy glass may be used to provide screening to prevent direct line of sight. This requirement may be exempt for conversions of legally permitted structures that do not include installation of new exterior windows facing an adjacent property line or when only clerestory windows are used and do not provide views into neighboring lots.
12. New second-story windows shall be prohibited along the interior side and rear lot lines for all ADUs and JADUs when the proposed setback is less than four (4) feet, unless required by the Building Code. Required windows shall be designed to preserve privacy with opaque or clerestory windows. If the side or rear lot lines abut an alley with a minimum width of 20 feet, second story windows may be allowed on the façade facing the alley.
13. If it is deemed infeasible to comply with all of the requirements outlined in Subsections (O ) (1) through (12) above, the Community Development Director may grant a waiver to one or more requirements.
P. Landscaping and Open Space requirements
1. All required yards abutting streets shall be completely landscaped with live landscaping, exclusive of driveways, porches, patios, and walkways.
2. The paved area of the required front yard and required street side yard, including driveways and walkways, porches, and patios, shall not exceed 50% and 500 square feet, except as allowed by the Director of Community Development for properties with a substandard width or unique shape, orientation or configuration.
3. The open space requirements shall comply with the underlying zone.
Q. Owner Occupancy
1. All Junior ADUs are subject to an owner -occupancy requirement. A human being with legal or equitable title to the property must reside on the property as the person’s legal domicile and principal residence, in either the single-family dwelling unit, the JADU, or an ADU if one exists on the property. A covenant shall be signed and recorded against the property by the property owner stating that the primary Ordinance No. 25-1762 Page 15 of 58
dwelling, JADU, or an ADU if one exists on the property will be occupied by the property owner.
a. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. b. The covenant runs with the land and may be enforced against future property owners.
c. The covenant may be removed if the owner eliminates the JADU and reverts the JADU to the original permitted layout and use within the single-family dwelling. To remove the covenant, an owner may make a written request to the Director of Community Development, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the unit has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisi ons of this Title. If the JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of the JADU removed, the remaining structure and improvements shall otherwise comply with applicable provisions of this Title.
R. Building, Fire, and Other Codes
1. All ADUs shall comply with all provisions of the Norwalk Municipal Code pertaining to the adequacy of water, sewer, electrical, drainage, and fire and emergency services to the property on which the ADU will be located as well as all applicable codes pertaining to building, fire, health, and/or safety.
2. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in the California Building Code (Sec. 310), unless the City Building and Safety Manager 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 Subsection (R)(2) prevents the City from changing the occupancy code of a space that was unhabitable space or that was only permitt ed for nonresidential use and was subsequently converted for residential use in accordance with this section.
S. Sprinklers
1. ADUS shall not be required to install fire sprinklers if they are not required for the existing primary dwelling. However, if a primary dwelling currently does not have fire sprinklers, and an attached ADU is proposed which would trigger fire sprinkler requirements due to the increase in livable space, that requirement shall not be imposed upon the primary dwelling unit.
T. Solar Panel Systems
1. Newly constructed ADUs are subject to the California Energy Code requirement to provide solar panel systems if the unit(s) is a newly constructed, detached ADU.
The solar panel system can be installed on the ADU or on the primary dwelling unit.
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U. Laundry
1. All ADUs shall have laundry connections for a washer and dryer within the interior space of the proposed dwelling unit.
V. Building and Zoning Enforcement
1. The City shall not deny an ADU or JADU application solely due to nonconforming zoning conditions, building code violations, or unpermitted structures on the lot that do not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU. However, any approvals granted under this Section shall not constitute authorization for continuation of the violation, or waiver by estoppel against any future enforcement action.
2. Unpermitted ADUs constructed before January 1, 2020:
a. The City may not deny a permit to legalize an existing but unpermitted ADU that was constructed if denial is based on either of the following grounds:
i. The ADU violates applicable building standards; or
ii. The ADU does not comply with the California Government Code (Sec. 66310- 66342) or Norwalk Municipal Code Section
17.04.210.
b. Exceptions
i. Notwithstanding Subsection (T)(2)(a), above, the City may deny a permit to legalize an existing, but unpermitted ADU that was constructed before January 1, 2020, if the City makes a finding that correction the violation is necessary to protect the health and safety of the public or occupants of the structure, or if the building is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
W. Fees/Utility Connections
1. The property owner shall pay all applicable impact fees related to an ADU 750 square feet or larger, including, but not limited to, parks, traffic, water and sewer impact fees. Such fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.
2. No new or separate utility connection or related fees or capacity charges shall be required for an ADU described in Subsection (Y)(2)(b) below, unless such ADU was constructed with a new single-family home.
3. For ADUs not described in Subsection (Y)(2)(b) below, a new or separate utility connection for the following, including, but not limited to, water, electric, gas, sewer, and trash may be required subject to the Principal City Engineer, Director of Community Development, and Building and Safety Manager ’s determination.
Related fees or capacity charges shall be proportionate to the burden of the proposed ADU based upon either its square feet or number of its drainage fixture unit (“DFU”) values, upon the water or sewage system. Such fees or charges shall not exceed the reasonable cost of providing service.
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X. Other Development Standards
1. For all other development standards not specified in this Section, the development standards of the underlying zoning district shall apply.
Y. Exempt Units.
1. Notwithstanding any development standards or other limitations set forth in Subsections (A) through (U), the City shall ministerially approve an application for a building permit within a residential or mixed- use zoning district to create any of the following units:
2. For lots with an existing or proposed single-family dwelling:
a. New construction. One (1) detached ADU per lot, subject to all the following:
i. Area. The maximum unit size for the ADU shall be 800 square feet.
ii. Setbacks. The minimum interior side yard and rear yard setbacks shall be four (4) feet.
iii. Height. The maximum height limitation is subject to development standards set forth in Subsection (K) (Building Height). b. Created within an existing or proposed single- family dwelling or accessory building. One JADU and one attached ADU or detached ADU per lot, subject to all of the following:
i. Created entirely within the square footage of the existing or proposed single-family dwelling or accessory structure. a. An additional 150 square-foot expansion may be permitted for the ADU strictly to accommodate ingress and egress.
Additions for ingress and egress shall only be for means of access to the ADU that may be inaccessible otherwise (e.g. the construction of a st aircase to reach a second story ADU).
b. The interior side and rear yar setbacks shall be sufficient for fire and safety.
ii. JADU. The JADU shall be entirely within the square footage of an existing or proposed primary dwelling and not within an accessory structure, with the exception of an attached garage. iii. Area. The maximum square footage for an attached ADU shall not exceed 800 square feet or 50 percent of the existing or proposed primary dwelling, whichever is less.
iv. Access. The attached ADU or Junior ADU shall have exterior access that is independent of that for the single-family dwelling.
3. For lots with an existing or proposed multiple-family dwelling:
a. Multifamily Converted ADUs
i. Number. At least one ADU or up to 25% of the existing multifamily dwelling units may be created within the portions that are not used as livable space.
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a. Fractions shall be rounded down to the nearest whole number.
b. For mixed-use projects, areas designated for commercial uses including off-street parking and storage shall not be converted to ADUs.
ii. Location. ADUs may be created within the portions of existing multifamily structures that are not used as livable space.
Examples of structures that are not used as livable space include, but are not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.
b. Multifamily Detached ADUs on Lots with Existing Multifamily Dwelling(s) subject to all of the following:
i. Number. A maximum of eight (8) detached ADUs are allowed, not to exceed the number of existing units on the lot.
ii. Setbacks. The minimum interior side yard and rear yard setbacks shall be four (4) feet.
iii. Height. The maximum height limitation is subject to development standards set forth in Subsection K (Building Height).
iv. Area. The maximum square footage for each ADU shall be 800 square feet.
c. Multifamily Detached ADUS on Lots with Proposed Multifamily Dwelling(s) subject to all of the following:
i. Number. A maximum of two (2) detached ADUs are allowed. ii. Setbacks. The minimum interior side yard and rear yard setbacks shall be four (4) feet.
iii. Height. The maximum height limitation is subject to development standards set forth in Subsection K (Building Height).
iv. Area. The maximum square footage for each ADU shall be 800 square feet.
d. No Junior ADU shall be permitted in lots with an existing or proposed multiple-family dwelling.
e. Concessions. Multifamily dwelling units proposing for conversions of project amenities including, but not limited to, open space, laundry rooms, recreation rooms, and parking spaces are strongly discouraged.
At the discretion and approval of the Director of Community Development, additional height may be allowed if the applicant demonstrates good faith effort in preserving such amenities.
A. Purpose. The purpose of this section is to comply with Government Code Section 65852.2, which allows the City to enact standards for the development of accessory dwelling units (ADUs) to increase the supply of affordable housing while ensuring that ADUs remain compatible with existing neighborhoods.
B. Submittal Requirements and Application Processing.
1. The Director of Community Development shall prescribe the form of Ordinance No. 25-1762 Page 19 of 58
applications, documents to be submitted and the type of information to be provided by the applicant.
2. Application Requirement. Any application for an ADU that meets the standards contained in this Code shall be approved ministerially, without discretionary review, by the Director of Community Development or designee.
C. Use Restrictions.
1. If either the primary dwelling or ADU is rented, the property owner must occupy either the primary dwelling or ADU as his or her principal residence.
2. The unit on the lot that is rented (i.e., either the primary dwelling or the ADU) shall be rented only for terms longer than 30 days.
3. The ADU is not to be sold or conveyed separately from the primary dwelling.
D. Location Requirements.
1. One ADU may be developed on properties that are zoned for single- family residential uses, including R-1, R-2, R-3, R-4, and R-H zones.
2. The property shall contain exactly one existing or proposed single- family dwelling.
3. The ADU may not be located on real property that is listed on the California Register of Historic Places.
E. Development Standards for ADUs with New Construction. The following development standards shall apply to: (1) ADUs involving new construction, which includes, but is not limited to, an ADU that is entirely made up of new construction, and an ADU comprised of part of an existing accessory structure or residence but the ADU does not fit within the existing space of the single-family residence or accessory structure; and (2) newly established ADUs within existing structures listed in subsection (F)(2).
1. Lot Size.
a. For properties with an R-1 or R-H zoning designation, the minimum lot size shall be 10,000 square feet.
b. For properties with an R-2, R-3, or R-4 zoning designation, the minimum lot size shall be 5,000 square feet.
2. Lot Width. All properties shall contain a minimum lot width of 50 feet.
3. Setbacks.
a. For properties with an R-1, R-2, R-3, or R-4 zoning designation, the setbacks for ADUs shall be in accordance with the yard
requirements listed in Article I, Article II, Article III, or Article V, respectively of Chapter 17.05.
b. For properties with an R -H zoning designation, the setbacks for ADUs shall be in accordance with the yard requirements listed in Ordinance No. 25-1762 Page 20 of 58
Article IV of Chapter 17.05.
c. An ADU shall not be built above an existing structure if the structure is located within the required front or rear yard.
d. A detached ADU shall not be located in front of the primary dwelling.
4. Separation. A detached ADU shall not be located within five feet of another accessory structure or primary dwelling, as measured from the nearest portions of the buildings.
5. Building Height.
a. For properties with an R-1, R-2, R-3, or R-4 zoning designation, the building height for ADUs shall be in accordance with the height requirements listed in Article I, Article II, Article III, or Article V, respectively of Chapter 17.05.
b. For properties with an R-H zoning designation, the building height for ADUs shall be in accordance with the height requirements listed in Article IV of Chapter 17.05.
c. No portion of an ADU shall exceed the height of the primary dwelling. For the purpose of calculating the allowable building height for an ADU, the height of the primary dwelling shall include the roof, and shall not include the height of chimneys or other architectural projections that do not contribute to the gross floor area of the primary dwelling.
6. Open Space. A minimum of 500 square feet of open space shall be provided for the ADU. This requirement shall be in addition to any open space required for the primary dwelling. Open space for an ADU shall:
a. Be contiguous (i.e., not separated);
b. Have no linear dimension at any point of less than 10 feet; and c. Be located on the same lot.
7. Unit Size.
a. The primary dwelling must contain a minimum of 800 square feet of gross floor area and the unit width shall be 20 feet in width in accordance with Section 17.05.090(A)(4).
b. The gross floor area of an ADU shall be a minimum of 150 square feet, and shall not exceed 50% of the gross floor area of the existing primary dwelling or 720 square feet, whichever is less. For the purpose of calculating the allowable gross floor area for an ADU, garages, unenclosed accessory structures and detached
accessory buildings on the property shall not be included in the gross floor area of the existing primary dwelling.
c. An ADU may be attached to another accessory structure. In that case, the square footage of the attached accessory structure shall not contribute to the maximum gross floor area for the ADU.
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8. Floor Plan.
a. The ADU shall contain a kitchen, which shall include a kitchen sink, cooking appliance, refrigeration facilities and a counter top with minimum dimensions of 16 inches by 24 inches.
b. The ADU shall contain a bathroom, which shall include a sink, toilet, and bathtub or shower.
c. The ADU shall contain independent exterior access from the primary dwelling.
9. Architectural Design.
a. The ADU shall incorporate the same or similar architectural features, building materials, and colors of the primary dwelling. This includes, but is not limited to: roof pitches, exterior wall finishes, eaves, fascia boards and windows.
b. The exterior access to the ADU shall not be visible from the street, including from the front or street side yard areas, in order to maintain the appearance of a single-family dwelling.
c. Exterior staircases leading to a second story shall not be permitted.
Any staircase providing access to an ADU located on the second story, or to a part of an ADU located on the second story, must be contained within the interior of the building.
d. The ADU must comply with the standards contained in Section
17.05.090.
10. Landscaping. Landscaping shall be provided pursuant to Chapter
17.03, Article I.
11. Off-Street Parking.
a. No parking shall be required for an ADU.
b. If a garage, carport, or covered parking structure is reduced or demolished in conjunction with construction of an ADU or if an existing accessory structure that provides required parking spaces for the primary dwelling is converted into an ADU, the off -street parking spaces for the primary dwelling that are lost as a r esult of the demolition or conversion shall be replaced on- site. The replacement parking spaces shall comply with the following:
i. Spaces may be covered or uncovered.
ii. Spaces may be located anywhere on the property and must comply with the parking layout standards contained in Section
17.03.050, except tandem spaces are allowed.
iii. A mechanical automobile parking lift may be utilized.
12. Utility Connections. All ADUs shall share all gas, electrical, and water meters assigned to the primary dwelling.
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13. Address. All ADUs shall share the same address assigned to the primary dwelling.
14. Covenant. Prior to issuance of a building permit for an ADU, the property owner shall file with the County Recorder a declaration of restrictions, which has been approved by the City Attorney as to form and content, containing a reference to the deed under which the property was acquired by the owner, placing the following restrictions on the property, the property owner, and all successors in interest:
a. If either the primary dwelling or ADU is rented, the property owner must occupy either the primary dwelling or ADU as his or her principal residence.
b. The unit on the lot that is rented (i.e., either the primary dwelling or the ADU) shall be rented only for terms longer than 30 days. c. The ADU is not to be sold or conveyed separately from the primary dwelling.
F. Development Standards for Conversions of Existing Space into ADUs. The following development standards shall apply to conversions of existing space within a single-family residence or an existing accessory structure:
1. Limited Scope of Work. Subsection F shall apply only to projects where the proposed ADU is contained entirely within the existing gross floor area of an existing single-family residence or accessory structure.
2. Conversion of the following structures are subject to the requirements contained in subsection E:
a. Unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cochéres, or similar structures.
b. Animal enclosures or buildings used for the housing of animals. c. Accessory buildings or accessory structures that are less than 150 square feet in area.
3. Setbacks. No setbacks shall be required beyond what the existing structure currently has, except modifications to the existing structure that may be required by the Building Code and Fire Code.
4. Unit Size.
a. The primary dwelling must contain a minimum of 800 square feet of gross floor area and the unit width shall be 20 feet in width in accordance with Section 17.05.090(A)(4).
b. The gross floor area of an ADU shall be a minimum of 150 square feet, and shall not exceed 50% of the gross floor area of the existing primary dwelling or 720 square feet, whichever is less. For the purpose of calculating the allowable gross floor area for an ADU, garages, unenclosed accessory structures and detached
accessory buildings on the property shall not be included in the Ordinance No. 25-1762 Page 23 of 58
gross floor area of the existing primary dwelling.
c. An ADU may be attached to another accessory structure. In that case, the square footage of the attached accessory structure shall not contribute to the maximum gross floor area for the ADU.
5. Floor Plan.
a. The ADU shall contain a kitchen, which shall include a kitchen sink, cooking appliance, refrigeration facilities and a counter top with minimum dimensions of 16 inches by 24 inches.
b. The ADU shall contain a bathroom, which shall include a sink, toilet, and bathtub or shower.
c. The ADU shall contain independent exterior access from the primary dwelling.
6. Landscaping. Landscaping shall be provided pursuant to Chapter
17.03, Article I.
7. Off-Street Parking.
a. No parking shall be required for an ADU.
b. If a garage, carport, or covered parking structure is reduced or demolished in conjunction with construction of an ADU or if an existing accessory structure that provides required parking spaces for the primary dwelling is converted into an ADU, the off-street parking spaces for the primary dwelling that are lost as a result of the demolition or conversion shall be replaced on-site. The replacement parking spaces shall comply with the following:
i. Spaces may be covered or uncovered.
ii. Spaces may be located anywhere on the property and must comply with the parking layout standards contained in Section
17.03.050, except tandem spaces are allowed.
iii. A mechanical automobile parking lift may be utilized.
8. Utility Connections. All ADUs shall share all gas, electrical, and water meters assigned to the primary dwelling.
9. Address. All ADUs shall share the same address assigned to the primary dwelling.
10. Covenant. Prior to issuance of a building permit for an ADU, the property owner shall file with the County Recorder a declaration of restrictions, which has been approved by the City Attorney as to form and content, containing a reference to the deed under which the property was acquired by the owner, placing the following restrictions on the property, the property owner, and all successors in interest:
a. If either the primary dwelling or ADU is rented, the property owner must occupy either the primary dwelling or ADU as his or her principal residence.
Ordinance No. 25-1762 Page 24 of 58
b. The unit on the lot that is rented (i.e., either the primary dwelling or the ADU) shall be rented only for terms longer than 30 days. c. The ADU is not to be sold or conveyed separately from the primary dwelling.
(Prior code § 27-22.23; Ord. 1540 § 4, 2003; Ord. 18-1701 § 6; Ord. 21-1722 § 2)
Ordinance No. 25-1762 Page 25 of 58
Chapter 17.05 Residential Zones
Article I
R-1 Zone, Single-Family Residential Zone
§ 17.05.010. Permitted uses.
In an R -1 zone, no building shall be erected, constructed, reconstructed, or structurally altered, nor shall any building or land be used except as is herein after specifically provided and allowed by this article; except, that all residential development in new subdivisions of five or more lots and any single-family dwelling on a substandard size lot or parcel shall be subject to provisions of Section 17.02.205, governing precise development plans.
In an R-1 zone, the following uses are permitted:
A. One single-family dwelling, except as provided in Section 17.02.230 (Plot plans), of a permanent character placed in a permanent location.
B. Accessory buildings and structures pursuant to the requirements of Section 17.04.205. appropriate and customary to single- family residential use, including outdoor recreational ramps pursuant to Section 17.04.230, provided that garages shall not accommodate nor be designed to house more than four cars per dwelling unit, and further provided that no part of an accessory building except an overhead breezeway or roof connecting such building shall be located less than five feet from the nearest part of the main building.
C. The renting of not more than two rooms without kitchens to not more than four roomers, or the providing of table board to not more than four boarders, or both, but not to exceed four roomers and boarders in any combination thereof, for a period of more than thirty (30) consecutive calendar days. The rental of units within city - approved hotels, motels, bed and breakfasts, and time- share projects shall not be included.
D. Parking as specified by Chapter 17.03, Article II and Section 17.01.300.
E. Signs as specified by Chapter 17.03, Article III.
F. Such animals as are permitted under the provisions of Section 17.04.200, and other regulatory provisions of this code, subject to the conditions provided in such sections.
G. One trailer used as the residence of the owner and his or her family during construction by such owner of a permanent residence upon the premises, but only while a building permit for the construction of such residence is in full force and effect and in no event for longer than one six-month period.
H. One temporary real estate tract office.
I. The following, subject to the issuance, existence and validity of a conditional use permit as provided for in Section 17.02.210, and full compliance with each and every condition thereof:
1. Schools.
2. Publicly owned parks and playgrounds.
Ordinance No. 25-1762 Page 26 of 58
3. Public utilities and public service uses or structures.
4. Churches.
5. Such other uses as are set forth in Chapter 17.04, Article XVIII, upon the conditions therein provided.
6. Building utilization of side and rear yards for specifically designed properties and developments where permanent control of both sides of an existing or proposed lot line is provided.
7. Occasional commercial events as determined by the Planning Commission and set forth in the permit at privately owned properties designated as historically significant, subject to the requirements of subsection N of this section.
J. Home occupations, when conducted in accordance with the requirements of Section
17.02.150, and when a permit therefor, containing any conditions deemed necessary to insure compliance with the requirements of this title, and with its purposes and intents, has been issued by the Planning Division; provided, however, that any occupation may be excluded from certain or all districts, or portions thereof, if determined by the Planning Commission to be incompatible with neighboring residential uses.
K. Yard sales and community yard sales, pursuant to the requirements of Section
17.02.201.
L. An accessory dwelling unit pursuant to the requirements of Section 17.04.210.
M. Occasional commercial events at privately owned properties designated as historically significant subject to compliance with all of the following requirements:
1. The subject property must be listed on the National Register of Historical Places or the State Registry of Historical Sites and must be privately owned.
2. The conditional use permit shall be reviewed at the end of the first year. The Planning Commission may revoke the permit at any time if it finds that the conduct of the commercial events violates any conditions of approval or the performance standards of this chapter.
3. Parking requirements for the residential and commercial uses shall be met on- site in the rear or side yards. Parking spaces will not be permitted in the front yards or street side of a corner lot. Other parking arrangements utilizing shuttle service or reciprocal parking agreements are encouraged.
4. Exterior lighting, where used, shall be visually screened and shall not spill over onto adjacent properties or the public right-of-way.
5. The hours of operation shall be from 7:00 a.m. to 10:00 p.m. Event set -up may commence at 6:00 a.m. but no activity shall occur past 10:00 p.m.
6. The commercial uses shall be a minimum traffic generator and uses that generate significant volumes of service deliveries will be prohibited.
7. The noise levels generated by the operation of such activities shall not exceed 45 dBA on adjoining properties zoned or used for residential purposes.
8. Litter and trash receptacles shall be located at convenient locations and emptied frequently.
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9. Signage shall be compatible with the existing structure in material and form.
Such signage shall be removed during the period between the occasional commercial events. Signage shall be restricted to identification and instructional signs; no advertising or signage for other uses shall be permitted. All signage requires a sign permit and must meet sign regulations per Chapter 17.03, Article III of the Norwalk Municipal Code.
10. All modifications to the architectural integrity and character of the subject property must conform to the Secretary of the Interior Standards for Rehabilitating Historic Buildings.
11. Prior to each commercial event, the applicant shall submit to the department a site plan for approval showing parking, anticipated traffic generation, lighting, event set-up areas and such other information as the Director deems appropriate.
12. Occasional commercial events shall not be for more than three consecutive days. Extensions may be granted by the Director upon written request.
13. Should increased law enforcement be required in the opinion of the Public Safety Coordinator for any commercial event it shall be provided by the applicant at the applicant's expense.
14. Any use which engages in the provision of alcoholic beverages, including beer and/or wine, for on premises consumption shall comply with the appropriate State Alcoholic Beverage Control licensing requirements. No off-premises consumption is allowed. The use of alcoholic beverages shall be incidental to the commercial event.
15. A business license shall be required for the commercial events.
N. Employee housing.
O. Supportive housing.
P. Transitional housing.
§ 17.05.020. Building height.
A. No primary building or structure in an R-1 zone shall exceed two and one-half stories or 30 35 feet in height, whichever is the lesser, except that non- dwelling structures which require greater height for functional purposes, such as structures for the housing of tanks, ventilating fans, church spires or similar features may exceed such height, as provided by Section 17.03.230.
B. The maximum allowable top plate height shall be 14 feet for the first story and 24 feet for the second story. No building exceeding either one story or 15 feet in height above finished grade level shall occupy any portion of a required rear yard, except that a portion of a main building may project into the required rear yard; provided, however, that such projection shall not exceed either one story or 15 feet in height.
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§ 17.05.030. Front yard.
A. Every lot and every parcel in an R-1 zone shall have a front yard of not less than 20% of the lot depth, but such front yard need not exceed 20 feet for the first story . The second story shall be setback an additional five feet from the first story.
B. Lots with existing buildings lawfully created having less than the required 20 foot front setback but having a minimum of 15 foot front setback may continue to maintain the same setback for any addition and/or conversion.
C. Front yards shall be landscaped as required by Section 17.03.010.
§ 17.05.040 Side yards.
Every lot and every parcel in an R-1 zone shall have side yards as follows:
A. Interior lots or parcels and corner lots or parcels shall have a side yard on each side of the lot or parcel of not less than 10% of the width of the lot or parcel, provided that such side yard shall be not less than three five feet in width for the first story and 10 feet in width for the second story.and need not exceed five feet in width.
B. Reversed corner lots or parcels shall have the following side yards:
1. On the interior side of a reversed corner lot or parcel, the side lot line of which adjoins another lot or parcel, there shall be a side yard of not less than five feet in width for the first story and 10 feet for the second story. than 10% of the width of the lot or parcel, provided that such side yard shall be not less than three feet in width and need not exceed five feet in width.
2. On the street side of a reversed corner lot or parcel, there shall be a first story side yard with a width of not less than 50% of the front yard required on the lot abutting the rear of such reversed corner lot or parcel, and no detached building on such reversed corner lot or parcel shall project closer to the street line than the rear line of the required front yard of the lot abutting the rear of such reversed corner lot or parcel. The second story shall be setback an additional five feet from the first story.
C. A side yard of less than the required width, but measuring not less than three feet, and which was lawfully created, is permitted to continue in the same form for the life of the abutting buildings. Additions to such a building may follow the same building line on such side so long as the side yard adjoining the addition is not less wide than the narrowest permitted portion of the reduced side yard adjoining the original building, and is not on the street side of a reversed corner lot or parcel, and further provided that the front and rear yards conform to the requirements of this title.
D. Portions of main buildings, garages, and accessory buildings used for accessory storage uses and classed in "Group U" by the Building Code, may be located on a side property line or within a side yard within the rear one-half of the lot (as measured along the side property lines), and in any portion of the lot more than 50 feet distant from the front lot line, when such building or the portions involved comply with all of the following conditions:
1. Walls within three feet of an adjoining property line have no openings, and are of one- hour fire construction on the outside(s) of wall(s) of the side(s) adjacent Ordinance No. 25-1762 Page 29 of 58
to the adjacent property line(s).
2. It provides for all roof drainage onto the subject property.
E. Building utilization of required side yards is permitted, if approved by conditional use permit, for specifically designed properties and developments where permanent control of both sides of an existing or proposed lot line is provided.
F. Side yards abutting streets shall be landscaped as required by Section 17.03.010.
§ 17.05.050. Rear yard.
A. Every lot and every parcel in an R-1 zone shall have a rear yard with a depth not less than 20% of the depth of such parcel or lot, provided that such rear yard depth need not exceed 20 feet.
B. An main building or accessory building or structure may be erected or constructed in the required rear yard, provided that an open space, equal in area to 50% of the area of the required rear yard or 500 square feet, whichever is less, and meeting the requirements herein specified, is maintained in the rear one-half of the lot (measured along the side property lines), and in any portion of the lot more than 50 feet distant from the front lot line. Such open space shall:
1. Be contiguous, i.e., not separated;
2. Have no linear dimension at any point of less than 10 feet; and
3. Be located on the same lot.
Swimming pools, outdoor recreational ramps, patios, pergolas, and similar type structures not enclosed on more than two sides with permanent construction and materials may be located within the open space area.
C. All portions of a main building, except those portions used for accessory uses and classed in "Group U" by the Building Code, shall be not less than five feet from any rear property line, except that portions of a main building, garages, and accessory buildings used for accessory storage uses and classed in "Group U" by the Building Code, may be located on or within five feet of a rear lot line when such building or the portions involved comply with all of the following conditions:
1. Walls within three feet of an adjoining property line have no openings and are of one- hour fire construction on the outside(s) of the wall(s) of the side(s) adjacent to the adjacent property line(s).
2. It provides for all roof drainage onto the subject property.
D. No building exceeding either one story or 15 feet in height above finished grade level shall occupy any portion of a required rear yard, except that a portion of a main building may project into the required rear yard; provided, however, that such projection shall not exceed either one story or 15 feet in height.
E. Building utilization of required rear yards is permitted, if approved by conditional use permit, for specifically designed properties and developments where permanent control of both sides of an existing or proposed lot line is provided.
Ordinance No. 25-1762 Page 30 of 58
§ 17.05.060 Distance between buildings.
The minimum distance between all buildings and structures shall be five feet measured from eave-to-eave.
§ 17.05.051. Lot Coverage.
The maximum allowable lot coverage shall not exceed 40 percent of the lot size.
§ 17.05.052. Floor Area Ratio.
The maximum allowable floor area ratio shall not exceed 40 percent of lot the size. § 17.05.060. Area.1
1. Editor's Note: Section 2 of Ordinance 1367R, not codified herein, provides for additional provisions for substandard lots.
The following area requirements shall apply to every lot and every parcel in an R-1 zone:
A. The required minimum area of a lot or parcel in an R -1 zone shall be 5,000 square feet; provided, however, that greater required minimum areas may be established for any lots or parcels by the adoption of official plans. In this zone all lots less than 5,000 square feet in area shall be considered substandard.
B. The required minimum area of a lot or parcel in an R -1-(4500) - 5000 zone shall be 4,500 square feet. The R-1- (4500) - 5000 zone classification may be established for any lot or parcel by the adoption of official plans. In this zone all lots less than 4,500 square feet in area shall be considered substandard.
C. No development shall be permitted on any lot which does not meet the requirements of subsection A or B of this section unless one or both of the following are applicable:
1. Such lot was legally created and is held and recorded under separate and different ownership from all abutting lots at all times on and after June 12, 1991.
2. Such lot is the result of a combination and reparcelization of two or more substandard lots in which case the minimum lot area shall be 3,700 square feet. § 17.05.070. Lot width.
Except as otherwise provided in this article, every lot and every parcel created after July 22, 1959, and in the R-1 zone, shall have and maintain a width of not less than 50 feet. In this zone, lots less than 50 feet in width shall be considered substandard.
A. A minimum width greater than 50 feet may be established for any lot or parcel by the adoption of official plans requiring greater width.
B. In R-1 (4500) - 5000 zone the minimum lot width is 40 feet. Lots having a width of less than 40 feet shall be considered substandard.
C. No development shall be permitted on any lot that does not meet the requirements of this chapter unless:
Ordinance No. 25-1762 Page 31 of 58
1. Such lot was legally created and is held and recorded under separate and different ownership from all abutting lots at all times on and after June 12, 1991; or
2. Such lot is the result of a combination of two or more substandard lots in which case the minimum lot width shall be 37 feet.
§ 17.05.090. Development standards for single-family dwelling units.
A. Single-family dwellings shall be subject to the following standards:
1. Every single-family dwelling shall have an eave projection of at least one and one-half feet on all sides of the building(s).
2. Second stories shall not overhang from the first story from the front, side, and street side of the single-family dwelling.
3. Every single -family dwelling shall have a roof constructed of wood, shakes, shingle, asphalt composition, crushed rock or other similar roofing material.
Reflective, glossy, polished and/or roll -formed type metal roofing is prohibited unless modified by the procedure below.
4. Additions to single-family dwellings shall be architecturally consistent and have a roof pitch that matches the existing single-family dwelling.
5. Two-story buildings shall be provided with windows that are recessed a minimum of two inches.
6. Every single-family dwelling shall have an exterior wall covering of brick, wood, stucco, metal, concrete or similar material. Reflective, vinyl, glossy, polished and/or roll - formed type metal siding is prohibited unless modified by the procedure below.
7. Every single-family dwelling shall not be less than 20 feet in width and shall have a floor area of not less than 800 square feet, exclusive of garages, porches and patios.
8. All exterior walls shall have a continuous concrete foundation and comply with all standards of the building code; any exposed foundation shall be architecturally compatible to the exterior design.
9. Offset of the building façade, or the front of the building, shall be provided.
10. Every single -family dwelling shall have laundry facilities that are internally accessible to the dwelling it serves.
11. To provide for the normal functions of family living, floor plans shall be designed to include adequate size and arrangement of rooms, sufficient cupboard space, closet space and storage space, and also include the following:
a. At least one bathroom shall have access directly from a hallway and not from another room.
b. A bedroom shall not have its only means of access through another bedroom or solely from the outside.
c. Secondary access to the outside shall be provided from the kitchen or from the kitchen via a utility area that does not require passage through the living Ordinance No. 25-1762 Page 32 of 58
room or a bedroom.
B. The Director may, without public hearing, approve a modification to the above standards if any of the following findings can be made:
1. That such modification will enhance architectural compatibility between the proposed structure and existing structures in the surrounding area; or
2. That a proposed alteration or addition to an existing residence will be a continuation of the existing architectural style; or
3. That such modification is needed for safety reasons, or to comply with other applicable codes, laws, ordinances, rules and regulations.
Such determination may be by means of elevations, photographs, renderings and/or site plans, as the Director deems necessary.
C. The decision of the Director shall be final, unless appealed to the Planning Commission.
D. Surrender of Registration. Prior to final approval and the connection of utilities for a mobilehome, the fee required by the State Department of Housing and Community Development shall be paid to the Building Department and any vehicle license plate, certificate of ownership, and certificate of registration issued by a State agency shall be surrendered to the Building Department or Planning Division. Where the mobilehome is new and never has been registered with the Department of Motor Vehicles, a written, notarized statement to that effect, from the dealer selling the mobile home, shall be submitted.
Ordinance No. 25-1762 Page 33 of 58
Article II
R-2 Zone, Multi-Family Medium Density Residential Zone
§ 17.05.100. Permitted uses.
In an R -2 zone, no building shall be erected, constructed, reconstructed or structurally altered, nor shall any building or land be used except as is hereinafter specifically provided and allowed by this article and Section 17.02.205, governing precise development plans.
In the R-2 zone, the following uses are permitted.
A. Any use permitted in the R -1 zone, subject to all conditions applicable thereto in such zone.
B. Two or more single-family dwellings.
C. Multiple dwellings.
D. Accessory buildings and structures pursuant to the requirements of Section
17.04.205.
E. An accessory dwelling unit pursuant to the requirements of Section
17.04.210.
F. The following, subject to the issuance, existence and validity of a conditional use permit as provided for in Chapter 17.36, and full compliance with each and every condition thereof:
1. Public playground and parks.
2. Churches, synagogues, temples and other buildings, including related accessory uses, primarily devoted to religious worship.
3. Educational institutions.
4. Public utilities and public service uses or structures.
5. Building heights exceeding 10 feet for garages and carports in side yards;
6. Such other uses as are set forth in Chapter 17.04, Article XVIII, upon the conditions therein provided.
G. Parking, as provided by Chapter 17.03, Article II; and parking at greater ratios may be established by the adoption of an official zoning plan.
H. Signs for this article are regulated by Chapter 17.03, Article III.
I. Employee housing.
J. Supportive housing.
K. Transitional housing.
Ordinance No. 25-1762 Page 34 of 58
§ 17.05.110. Building height.
A. No primary building or structure shall exceed two and one-half stories or 35 30 feet in height, whichever is the lesser, except as provided by Section 17.03.230 for certain roof and similar structures.
B. The maximum allowable top plate height shall be 14 feet for the first story and 24 feet for the second story.
§ 17.05.120. Front yard.
A. Every lot and every parcel in an R-2 zone shall have a front yard of not less than 15% of the lot depth, provided that such front yard depth need not exceed 15 feet for the first story. The second story shall be setback an additional five feet from the first story , and shall be equipped with an automatic irrigation system and landscaped and maintained in accordance with adopted City standards.
B. Greater front yards may be established by adoption of an official zoning plan.
C. Front yards shall be landscaped as required by Section 17.03.010 and shall be equipped with an automatic irrigation system and landscaped and maintained in accordance with adopted City standards.
§ 17.05.130. Side yards.
A. Interior Lot Lines.
1. Every property less than 50 feet in width shall have a side yard on each side of the property of not less than 10% of the lot width, but in no case less than three five feet for the first story and 10 feet for the second story.
2. Every property 50 feet or more in width shall have a side yard on each side of the property of not less than five feet for the first story and 10 feet for the second story.
3. Where the interior side lot line of a multiple dwelling of three or more dwelling units abuts an R -1 zone there shall be a side yard of not less than 10 feet on the first story and an additional five feet for the second story.
B. Abutting Streets.
1. Every property less than 50 feet in width shall have a side yard abutting the street of not less than five feet for the first story. The second story shall be setback an additional five feet from the first story.
2. Every property 50 feet or more in width shall have a side yard abutting the street of not less than 10 feet for the first story. The second story shall be setback an additional five feet from the first story
3. On the street side of a reversed corner lot or parcel, there shall be a side yard for the first story with a width of not less than 50% of the front yard required on the lot or parcel abutting the rear of such reversed corner lot or parcel, and no detached accessory building on such Ordinance No. 25-1762 Page 35 of 58
reversed corner lot or parcel shall project beyond the rear line of the required front yard of the lot abutting the rear of such reversed corner lot or parcel. The second story shall be setback an additional five feet from the first story.
4. Side yards abutting streets shall be landscaped as required by Section
17.03.010.
C. Permitted Uses of Side Yards. Structures shall be prohibited within interior side yards, subject to the following exceptions:
1. Common outdoor living areas but such areas shall be screened from adjacent streets and properties. These areas may include swimming pools, barbecues, putting greens, court game facilities and any other recreational - leisure facilities necessary to meet the requirements of residents and their guests.
2. Private patios or yards.
3. Garages, laundry facilities, storage, private balconies (but such balconies shall not be used for access) and similar uses within such structures may encroach into required side yards except. that these accessory uses shall maintain a minimum three-foot setback from side property lines.
§ 17.05.140. Rear yard.
Every lot and parcel in an R-2 zone shall have a rear yard of not less than 20% of the lot depth but need not exceed 20 feet subject to the following exceptions:
A. Open parking areas when such areas are permitted upon Planning Commission approval.
B. Common outdoor living areas but such areas shall be screened from adjacent streets and properties. These areas may include swimming pools, putting greens, barbecues, court game facilities, and any other recreational leisure facilities necessary to meet the requirements of residents and their guests.
C. Private patios or yards.
D. Private balconies but such balconies shall not be used for access.
E. Garages, laundry facilities, storage and similar uses within such structures may encroach into required rear yards except that these accessory uses shall maintain a minimum three-foot setback from side property lines.
§ 17.05.142 Distance between buildings.
The minimum distance between all buildings and structures shall be 10 feet measured from eave to eave.
§ 17.05.144. Lot Coverage.
The maximum allowable lot coverage shall not exceed 45 percent of the lot size.
Ordinance No. 25-1762 Page 36 of 58
§ 17.05.146. Floor Area Ratio.
The maximum allowable floor area ratio shall not exceed 45 percent of lot the size.
§ 17.05.150. Area.
The minimum required area of a lot or parcel in an R-2 zone shall be 5,000 square feet; provided, however, that greater minimum required areas may be established for any lots or parcels by the adoption of an official zoning plan, and provided, further, that the requirements of this section shall be deemed to be complied with as to any lot or parcel, having less area than herein required, which was held and recorded under separate and different ownership from any adjacent property on July 22, 1959.
§ 17.05.160. Lot width.
Every lot or parcel created after July 22, 1959, shall have and maintain a width of not less than 50 feet; provided, however, that minimum widths greater than 50 feet may be established by the adoption of an official zoning plan requiring greater widths.
§ 17.05.170. Density.
A. For every lot or parcel containing not less than 5,000 square feet of area, the number of units permitted is two.
B. For every lot or parcel containing not less than 7,000 square feet of area, the number of units permitted is three.
C. For every lot or parcel containing not less than 9,000 square feet of area the maximum allowable density shall not exceed 16 dwelling units per acre (one dwelling unit for each 2722 square feet) of net area.
D. Lesser densities may be established by adoption of an official zoning plan.
§ 17.05.180. Open space.
Every lot in the R-2 zone which is used for multiple dwelling uses shall contain a minimum of 500 square feet of usable open space or shall conform to the standards and requirements herein after specified, whichever is greater.
A. Minimum Open Space Required.
1. Units with one bedroom or less: 200 square feet per unit.
2. Units with two bedrooms: 300 square feet per unit.
3. Units with three bedrooms or more: 400 square feet per unit.
4. Townhouses and condominiums. Additional open area may be required upon precise development plan review.
B. Standards.
1. Open space shall be exclusive of parking areas, driveways, turnaround areas, front and side yards; except that side yards a minimum of 10 feet in width may be counted as open space.
Ordinance No. 25-1762 Page 37 of 58
2. Open space shall have no dimension less than 10 feet, and may contain sidewalks, landscaping, pergolas, and swimming pools, but shall otherwise be unoccupied and unobstructed, from the ground upward, except for the following.
a. One hundred percent of unenclosed areas under balconies and patio covers can be counted as open space;
b. Fifty percent of the area of decks and balconies can be counted toward open space, to a maximum of 25% of the total open space required; and
c. Fifty percent to 100% of recreation rooms may be included as open space, when considered by the Planning Commission and/or Planning Commission to be an integral part of the open space layout.
§ 17.05.190. Landscaping, architectural and building design standards.
Every development in the R -2 zone shall conform to the following provisions which are considered desirable development standards reflecting the spirit and intent of the multiple- family residential zone. Developments shall incorporate these standards using quality building materials to the maximum extent possible.
A. Full Site Development. To the maximum extent possible all new construction shall encompass the entire site and partial development incorporating existing structures is discouraged.
B. Landscaping shall be provided as required by Chapter 17.03, Article I.
C. Architectural Elements. Developments shall incorporate the following architectural elements using quality building materials to the maximum extent possible:
1. Multi-level roof lines;
2. Private entries for each unit; and
3. Covered entries for each unit.
Additionally, a plan shall be submitted for all proposed development which shall demonstrate how, to the maximum extent feasible, the following architectural elements have been incorporated in the development. Such plan shall be subject to the review and approval of the Planning Commission;
4. Exterior trim, including but not limited to wood siding, brick, stone, slumpstone, or other decorative treatments;
5. Varied exterior building materials;
6. Windows recessed a minimum of three inches;
7. Architectural quality roofing material, siding material, entry doors, windows, and garage doors. Asphalt composition shingles do not constitute architectural quality roofing material. Such materials shall be Ordinance No. 25-1762 Page 38 of 58
subject to the approval of the Director;
8. All concrete areas shall, incorporate a stamped or stained pattern within the parking and circulation areas; and
9. All developments of five or more units shall incorporate an entry kiosk for pedestrian access into the project.
D. Amenities. Developments shall incorporate a minimum of four of the following amenities, to be made available to all residents of the development.
Amenities shall be maintained in good working order for the life of the development. Provision of a greater number of these amenities shall be dependent on the size and nature of the proposed development, and shall be encouraged for larger developments. All developments shall provide at least 50 square feet of private usable open space for each unit in addition to four of the following amenities:
1. Children's play area, including play equipment;
2. Barbecues;
3. Spa or Jacuzzi;
4. Pool;
5. Covered common patio or patios;
6. Community rooms;
7. Tennis court;
8. Weight or exercise rooms;
9. Fireplaces in units, wood burning or gas;
10. Security systems;
11. Water elements; and
12. Laundry rooms facilities that are internally accessible to the unit it serves.
E. Unit Size. Each dwelling unit shall contain the following minimum floor areas:
1. One bedroom - 650—750 square feet;
2. Two bedrooms - 850—1,000 square feet; and
3. Three bedrooms - 1,100 square feet or more.
F. Waste, Garbage and Trash Regulations.
1. All developments must have trash storage areas which shall be located for the convenience of the residents and for efficiency of collection. One six-foot by eight -foot enclosure is required for projects of five or more units at the ratio of one for every five units for the purpose of storing garbage, waste, refuse and trash. Such enclosure shall have on each side thereof a solid reinforced masonry wall of not less than five feet in height except for openings. All openings shall be equipped with solid, Ordinance No. 25-1762 Page 39 of 58
view obscuring gates or doors which meet the height requirement of this section and the fence requirements for durability. Such gates or doors shall be equipped at all times with a fully operating, self-closing device.
At least one opening or gate or door shall be of sufficient width to provide reasonable and necessary access to, the storage area and such opening door or gate shall at all times be located and maintained at such a place and in such a fashion that access to the storage area for the deposit and removal of waste, trash, refuse and garbage is reasonably afforded. A roof shall be provided for the trash enclosure.
2. The finish and color of the enclosure, gate and roof shall be decorative and shall incorporate primary elements from the site building style.
Chain link and or vinyl fencing shall not be permitted. The Director may approve substitution of a solid fence or other material when such fence or other material will adequately comply with the provision of this section.
3. All garbage stored within such enclosure shall be placed and maintained in a metal or plastic container which has an overlapping fly- tight lid. The lid shall be secured in place at all times when the container is not being filled or emptied.
4. Waste, refuse and trash, other than garbage shall be placed, maintained, and stored in a container of substantial design and construction that will retain therein such trash, refuse and waste and may be readily emptied by trash collectors and which, further, do not readily disintegrate, fall apart, blow, or scatter about the premises.
5. Garbage, waste, refuse and trash may also be stored in metal bins equipped with wheels of a design approved by the Director. All garbage, waste and refuse and trash contained in such bins shall be maintained within the interior of the metal bins and shall be equipped with a lid which shall be completely closed at all times except when being filled or emptied.
6. All of the aforementioned containers shall be kept and maintained within the walls of the enclosure except when being emptied by a collector.
7. There shall be provided and maintained within the storage area trash containers, as aforementioned, of not less than 50 gallon capacity.
8. No person shall deposit, maintain, accumulate, dispose of, or allow the deposit, accumulation, maintenance or any disposal of any garbage, waste, refuse or trash outside of a building.
G. Handicapped Access. Units accessible for the handicapped shall be incorporated into all new construction based on the following ratios:
1. One to 20 units: None
2. Twenty-one to 99 units: Two units
3. One hundred or more units: Two units plus two for each additional 100 units or fraction thereof.
Ordinance No. 25-1762 Page 40 of 58
Article III
R-3 Zone, Multi-Family High Density Residential Zone
§ 17.05.200. Permitted uses.
In an R-3 zone, no building shall be erected, constructed, reconstructed or structurally altered, nor shall any building or land be used except as is herein after specifically provided and allowed by this article and Section 17.02.205, governing precise development plans.
In the R-3 zone, the following uses are permitted:
A. Any use permitted in the R-1 zone, subject to all conditions applicable thereto in such zone;
B. Multiple dwellings, including group houses, boarding and lodging houses; C. Accessory buildings and structures pursuant to the requirements of Section 17.04.205.
D. An accessory dwelling unit pursuant to the requirements of Section 17.04.210.
E. The following, subject to the issuance, existence and validity of a conditional use permit as provided for in Section 17.02.210, and full compliance with each and every condition thereof:
1. Public playgrounds and parks.
2. Churches, synagogues, temples and other buildings, including related accessory uses, primarily devoted to religious worship.
3. Educational institutions.
4. Public utilities and public service uses or structures.
5. Such other uses as are set forth in Chapter 17.04, Article XVIII, upon the conditions therein provided.
6. Multiple dwellings equipped with elevator(s) and other permitted buildings exceeding the height limit, if additional and compatible setbacks are provided so that adjacent buildings and properties are not dwarfed nor significantly affected.
7. Mortuaries or undertaking establishments, provided that the following minimum conditions and standards are met:
a. The location shall abut or have direct access to a major or secondary City street or highway;
b. The architecture shall be of a residential character; c. The building site shall be not less than 150 feet in depth and not less than 100 feet in width, and shall comprise an area of at least 20,000 square feet; and
d. No ambulance services or related uses are operated at or from the premises.
8. Building heights exceeding 10 feet for garages and carports in side yards; Ordinance No. 25-1762 Page 41 of 58
F. Parking, as provided by Chapter 17.03, Article II; and parking at greater ratios may be established by the adoption of an official zoning plan.
G. Signs for this article are regulated by Chapter 17.03, Article III.
H. Employee housing.
I. Supportive housing.
J. Transitional housing.
K. The following, subject to the issuance, existence and validity of a conditional use permit as provided for in Section 17.02.210; and full compliance with each and every condition thereof:
1. Single room occupancy housing, approved in accordance with the procedures in Section 17.04.236, in multiple dwellings.
§ 17.05.210. Building height.
A. No primary building or structure shall exceed two and one-half stories or 35 30 feet in height, whichever is the lesser; except multiple dwellings equipped with elevators and other permitted buildings if either is approved by conditional use permit; and except as provided by Section 17.03.230 for certain roof and similar structures.
B. The maximum allowable top plate height shall be 14 feet for the first story and 24 feet for the second story. Notwithstanding other provisions of this chapter, three- story buildings without elevators, if less than 35 feet in height, are permitted if the buildings contain not more than two levels of separate occupancies with two- story dwelling units above the ground floor but entries and occupancies of the third floor level, which are separate from the second floor level, are expressly prohibited. § 17.05.220. Front yard.
A. Every lot and every parcel in an R-3 zone shall have a front yard of not less than 15% of the lot depth, provided that such front yard depth need not exceed 15 feet for the first story. The second story shall be setback an additional five feet from the first story., and shall be equipped with an automatic irrigation system and landscaped and maintained in accordance with adopted City standards.
B. Greater front yards may be established by adoption of an official zoning plan.
C. Front yards shall be landscaped as required by Section 17.03.010 and shall be equipped with an automatic irrigation system and landscaped and maintained in accordance with adopted City standards.
§ 17.05.230. Side yards.
A. Interior Lot Lines.
1. Every property less than 50 feet in width shall have a The side yard on each side of the property shall of not be less than five feet for the first story and 10 feet for the second story. 10% of the lot width, but in no case less than three feet.
2. Every property 50 feet or more in width shall have a side yard of each side of the Where abutting an R-1 zone, the side yard setback shall not be less than 20 feet for the first story. The second story shall be setback an additional five feet Ordinance No. 25-1762 Page 42 of 58
from the first story.property of not less than five feet, and, where abutting an R-1 zone, not less than 20 feet.
B. Abutting Streets.
1. Every property less than 50 feet in width shall have a side yard abutting the street of not less than five feet for the first story. The second story shall be setback an additional five feet from the first story.
2. Every property 50 feet or more in width shall have a side yard abutting the street of not less than 10 feet for the first story. The second story shall be setback an additional five feet from the first story.
3. Side yards abutting streets shall be landscaped as required by Section 17.03.010.
C. Permitted Uses of Side Yards. Structures shall be prohibited within interior side yards, subject to the following exceptions:
1. Common outdoor living areas but such areas shall be screened from adjacent streets and properties. These areas may include swimming pools, barbecues, putting greens, court game facilities and any other recreational -leisure facilities necessary to meet the requirements of residents and their guests.
2. Private patios or yards.
3. Garages, laundry facilities, storage, private balconies (but such balconies shall not be used for access) and similar uses within such structures may encroach into required side yards except that these accessory uses shall maintain a minimum three-foot setback from side property lines.
§ 17.05.240. Rear yard.
Every lot and parcel in the R-3 zone shall have a rear yard of not less than 20% of the lot depth but need not exceed 20 feet subject to the following exceptions:
A. Open parking areas when such areas are permitted upon Planning Commission approval.
B. Common outdoor living areas but such areas shall be screened from adjacent streets and properties. These areas may include swimming pools, putting greens, barbecues, court game facilities, and any other recreational leisure facilities necessary to meet the requirements of residents and their guests.
C. Private patios or yards.
D. Private balconies but such balconies shall not be used for access.
E. Garages, laundry facilities, storage and similar uses within such structures may encroach into required rear yards except that these accessory uses shall maintain a minimum three-foot setback from rear property lines.
§ 17.05.242. Distance between Buildings.
The minimum distance between all buildings and structures shall be 10 feet measured from eave to eave.
Ordinance No. 25-1762 Page 43 of 58
§ 17.05.244. Lot Coverage.
The maximum allowable lot coverage shall not exceed 50 percent of the lot size. § 17.05.246. Floor Area Ratio. The maximum allowable floor area ratio shall not exceed 50 percent of lot the size.
§ 17.05.250. Area.
The minimum required area of a lot or parcel in an R-3 zone shall be 5,000 square feet; provided, however, that greater minimum required areas may be established for any lots or parcels by the adoption of an official zoning plan, and provided, further, that the requirements of this section shall be deemed to be complied with as to any lot or parcel, having less area than herein required, which was held and recorded under separate and different ownership from any adjacent property on July 22, 1959. § 17.05.260. Lot width.
Every lot or parcel created after July 22, 1959, shall have and maintain a width of not less than 50 feet; provided, however, that minimum widths greater than 50 feet may be established by the adoption of an official zoning plan requiring greater widths. § 17.05.270. Density.
A. For every lot or parcel containing not less than 5,000 square feet of area the number of units permitted is three.
B. For every lot or parcel containing not less than 7,000 square feet of area the number of units permitted is four.
C. For every lot or parcel containing not less than 9,000 square feet of area the maximum allowable density shall not exceed 22 dwelling units per acre (one dwelling unit for each 1,980 square feet) of net area.
D. Lesser densities may be established by adoption of an official zoning plan. § 17.05.280. Open space.
Every lot in the R-3 zone which is used for multiple dwelling uses shall contain a minimum of 500 square feet of usable open space or shall conform to the standards and requirements herein after specified, whichever is greater.
A. Minimum Open Space Required.
1. Units with one bedroom or less: 200 square feet per unit.
2. Units with two bedrooms: 300 square feet per unit.
3. Units with three bedrooms or more: 400 square feet per unit.
4. Townhouses and Condominiums. Additional open area may be required upon precise development plan review.
B. Standards.
1. Open space shall be exclusive of parking areas, driveways, turnaround areas, Ordinance No. 25-1762 Page 44 of 58
front and side yards; except that side yards a minimum of 10 feet in width may be counted as open space.
2. Open space shall have no dimension less than 10 feet, and may contain sidewalks pedestrian walkways , landscaping, pergolas, and swimming pools, but shall otherwise be unoccupied and unobstructed from the ground upward, except for the following:
a. One hundred percent of unenclosed areas under balconies and patio covers can be counted as open space;
b. Fifty percent of the area of decks and balconies can be counted toward open space, to a maximum of 25% of the total open space required; and c. Fifty percent to 100% of recreation rooms may be included as open space, when considered by the Planning Commission and/or Planning Commission to be an integral part of the open space layout.
§ 17.05.290. Landscaping, architectural and building design standards.
Every development in the R -3 zone shall conform to the following provisions which are considered desirable development standards reflecting the spirit and intent of the multiple-family residential zone. Developments shall incorporate these standards using quality building materials to the maximum extent possible.
A. Full Site Development. To the maximum extent possible all new construction shall encompass the entire site and partial development incorporating existing structures is discouraged.
B. Landscaping shall be provided as required by Chapter 17.03, Article I.
C. Architectural Elements. Developments shall incorporate the following architectural elements using quality building materials to the maximum extent possible:
1. Multi-level roof lines.
2. Private entries for each unit.
3. Covered entries for each unit.
Additionally, a plan shall be submitted for all proposed development which shall demonstrate how, to the maximum extent feasible, the following architectural elements have been incorporated in the development. Such plan shall be subject to the review and approval of the Planning Commission.
4. Exterior trim, including but not limited to wood siding, brick, stone, slumpstone, or other decorative treatments.
5. Windows recessed a minimum of three inches.
6. Varied exterior building materials.
7. Architectural quality roofing material, siding material, entry doors, windows, and garage doors. Asphalt composition shingles do not constitute architectural quality roofing material. The materials shall be subject to the approval of the Director.
8. All concrete areas shall incorporate a stamped or stained pattern within the Ordinance No. 25-1762 Page 45 of 58
parking and circulation areas.
9. All developments of five or more units shall incorporate an entry kiosk for pedestrian access into the project.
D. Amenities. Developments shall incorporate a minimum of four of the following amenities, to be made available to all residents of the development. Amenities shall be maintained in good working order for the life of the development. Provision of a greater number of these amenities shall be dependent on the size and nature of the proposed development, and shall be encouraged for larger developments. All developments shall provide at least 50 square feet of private usable open space for each unit in addition to four of the following amenities:
1. Children's play area, including play equipment;
2. Barbecues;
3. Spa or Jacuzzi;
4. Pool;
5. Covered common patio or patios;
6. Community rooms;
7. Tennis court;
8. Weight or exercise rooms;
9. Fireplaces in units, wood burning or gas;
10. Security systems;
11. Water elements;
12. Laundry facilities that are internally accessible to the unit it serves.rooms.
E. Unit Size. Each dwelling unit shall contain the following minimum floor areas:
1. One bedroom - 650—750 square feet;
2. Two bedrooms - 850—1,000 square feet;
3. Three bedrooms - 1,100 square feet or more.
F. Waste, Garbage and Trash Regulations.
1. All developments must have trash storage areas which shall be located for the convenience of the residents and for efficiency of collection. One six -foot by eight-foot enclosure is required for projects of five or more units at the ratio of one for every f ive units for the purpose of storing garbage, waste, refuse and trash. Such enclosure shall have on each side thereof a solid reinforced masonry wall of not less than five feet in height except for openings. All openings shall be equipped with solid, view obscuring gates or doors which meet the height requirement of this section and the fence requirements for durability. Such gates or doors shall be equipped at all times with a fully operating, self-closing device.
At least one opening or gate or door shall be of sufficient width to provide reasonable and necessary access to the storage area and such opening door or gate shall at all times be located and maintained at such a place and in such a Ordinance No. 25-1762 Page 46 of 58
fashion that access to the storage area for the deposit and removal of waste, trash, refuse and garbage is reasonably afforded. A roof shall be provided for the trash enclosure. The Director may approve substitution of a solid fence or other material when such fence or other material will adequately comply with the provision of this section.
2. The finish and color of the enclosure, gate and roof shall be decorative and shall incorporate primary elements from the site building style. Chain link and or vinyl fencing shall not be permitted.
3. All garbage stored within such enclosure shall be placed and maintained in a metal or plastic container which has an overlapping fly-tight lid. The lid shall be secured in place at all times when the container is not being filled or emptied.
4. Waste, refuse and trash, other than garbage shall be placed, maintained, and stored in a container of substantial design and construction that will retain therein such trash, refuse and waste and may be readily emptied by trash collectors and which, further, do not readily disintegrate, fall apart, blow, or scatter about the premises.
5. Garbage, waste, refuse and trash may also be stored in metal bins equipped with wheels of a design approved by the Director. All garbage, waste and refuse and trash contained in such bins shall be maintained within the interior of the metal bins and shall be equipped with a lid which shall be completely closed at all times except when being filled or emptied.
6. All of the aforementioned containers shall be kept and maintained within the walls of such enclosure except when being emptied by a collector.
7. There shall be provided and maintained within such storage area trash containers, as aforementioned, of not less than 50 gallon capacity.
8. No person shall deposit, maintain, accumulate, dispose of or allow the deposit, accumulation, maintenance or any disposal of any garbage, waste, refuse or trash outside of a building.
G. Handicapped Access. Units accessible for the handicapped shall be incorporated into all new construction based on the following ratios:
1. 1-20 units: None;
2. 21-99 units: 2 units;
3. 100 or more units: 2 units plus 2 for each additional 100 units or fraction thereof.
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Article IV
R-H Zone, Residential Horse Property Zone
§ 17.05.300. Purpose.
The intent and purpose of the R-H zone is to establish a residential zone that recognizes a particular area where the keeping or maintaining of horses and other equine for the personal use of members of the family residing on the property has become or is intended to become an integral part of the character of the area. The keeping of horses and other equine is accessory to residential use and subject to standards and conditions intended to insure compatibility with surrounding areas and within the zone itself. § 17.05.310. Permitted uses.
In an R-H zone, no building shall be erected, constructed, or structurally altered, nor shall any building or land be used for any purpose except as is by this article specifically provided and allowed; and subject to provisions of Section 17.02.205, governing precise development plans for new subdivisions of five or more lots, and any single- family dwelling proposed upon a substandard size lot or parcel.
In an R-H zone, the following uses are permitted:
A. One single-family dwelling subject to all conditions and requirements of the R-1 zone; and customary accessory buildings and structures, including, in addition to those permitted in the R-1 zone, stables, corrals and barns.
B. Accessory buildings and structures pursuant to the requirements of Section
17.04.205.
C. Such animals as are permitted under the provisions of Section 17.04.200, and other regulatory provisions of this code, subject to the conditions provided in such sections.
D. Parking shall be provided as specified by Chapter 17.03, Article II.
E. Signs shall be regulated by Chapter 17.03, Article III.
F. The following, subject to the issuance, existence and validity of a conditional use permit as provided for in Section 17.02.210 of this title, and full compliance with each and every condition thereof:
1. Schools;
2. Publicly owned parks and playgrounds;
3. Public utilities, and public services, uses, or structures;
4. Churches;
5. Other such uses as are provided for in Chapter 17.04, Article III, of this title upon the conditions therein set forth;
6. Building utilization of side and rear yards for specifically designed properties and developments where permanent control of both sides of an existing or proposed lot line is provided.
G. Home occupations shall be governed by Section 17.02.150.
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H. Yard sales and community yard sales, pursuant to the requirements of Section
17.02.201.
I. An accessory dwelling unit pursuant to the requirements of Section 17.04.210.
J. Employee housing.
K. Supportive housing.
L. Transitional housing.
§ 17.05.320. Building height.
A. No primary building or structure in an R-H zone shall exceed two and one-half stories or 30 35 feet in height, whichever is the lesser. except that no habitable building shall exceed either one story or 15 feet in height in any portion of a required rear yard except as provided by Chapter 17.03, Article IV.
B. The maximum allowable top plate height shall be 14 feet for the first story and 24 feet for the second story.
§ 17.05.330. Front yard.
A. Every lot and every parcel in an R-H zone shall have a front yard of not less than 20% of the lot depth, but such front yard need not exceed 20 feet for the first story. The second story shall be setback an additional five feet from the first story.
B. Lots with existing buildings lawfully created having less than the required 20 foot front setback but having a minimum of 15 foot front setback may continue to maintain the same setback for any addition and/or conversion.
C. Front yards shall be landscaped as required by Section 17.03.010. § 17.05.340. Side yards.
Every lot and every parcel in an R-H zone shall have side yards as follows:
A. Interior lots or parcels and corner lots or parcels shall have a side yard on each side of the lot or parcel of not less than 10% of the width of the lot or parcel, provided that such side yard shall be not less than three feet in width and need not exceed five feet in width for the first story and 10 feet in width for the second story.
B. Reversed corner lots or parcels shall have the following side yards:
1. On the side of a reversed corner lot or parcel, the side lot line of which adjoins another lot or parcel, there shall be a side yard of not less than 10% of the width of the lot or parcel, provided that such side yard shall be not less than three feet in width and need not exceed five feet in width for the first story and 10 feet in width for the second story.
2. On the street side of a reversed corner lot or parcel, there shall be a side yard with a width of not less than 50% of the front yard required on the lot abutting the rear of such
reversed corner lot or parcel, and no detached building on such reversed corner lot or parcel shall project closer to the street line than the rear line of the required front yard of the lot abutting the rear of such reversed corner lot or parcel.
A side yard of less than the required width, but measuring not less than three feet, Ordinance No. 25-1762 Page 49 of 58
and which was lawfully created, is permitted to continue in the same form for the life of the abutting buildings; additions to such a building may follow the same building line on such side so long as the side yard adjoining the addition is not less wide than the narrowest permitted portion of the reduced side yard adjoining the original building, and is not on the street side of a reversed corner lot or parcel, and further provided that the front and rear yards conform to Code requirements.
Portions of main buildings, garages, and accessory buildings used for accessory storage uses and classed in Group U by the building code, may be located on a side property line or within a side yard within the rear one-half of the lot (as measured along the side property lines), and in any portion of the lot more than 50 feet distant from the front lot line, when the building or the portions involved comply with all of the following conditions:
3. Walls within three feet of an adjoining property line have no openings, and are of one hour fire construction on the outside(s) of wall(s) of the side(s) adjacent to the adjacent property line(s).
4. It provides for all roof drainage onto the subject property.
C. Building utilization of required side yards is permitted, if approved by conditional use permit, for specifically designed properties and developments where permanent control of both sides of an existing or proposed lot line is provided.
D. Side yards abutting streets shall be landscaped as required by Section 17.03.010. § 17.05.350. Rear yard.
A. Every lot and every parcel in excess of 150 feet in depth shall have a rear yard with a depth of 90 feet, measured from the easterly edge of the Los Angeles Flood Control Channel; and lots and parcels less than 150 feet in depth shall have a rear yard with a depth not less than 20% of the depth of such lot or parcel, but such rear yard depth need not exceed 20 feet.
B. An building accessory building or structure may be erected or constructed in the required rear yard, except as provided by subsection E of this section, provided that an open space, equal in area to 50% of the area of the required rear yard or 500 square feet, whichever is less, and meeting the requirements herein specified, is maintained in the rear one- half of the lot (measured along the side property lines), and in any portion of the lot more than 50 feet distant from the front lot line. Such open space shall:
1. Be contiguous, i.e., not separated;
2. Have no linear dimension at any point of less than 10 feet; and
3. Be located on the same lot.
C. All portions of a main building, except those portions used for accessory uses and classed in Group U by the building code, shall be not less than five feet from any rear property line, except as provided by subsection E of this section, and except that portions of a main building, garages, and accessory buildings used for accessory storage uses and classed in Group U by the building code, may be located on or within five feet of a rear lot line when the building or the portions involved comply with all of the following conditions:
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1. Walls within three feet of an adjoining property line have no openings and are of one-hour fire construction on the outside(s) of the wall(s) of the side(s) adjacent to the adjacent property line(s).
2. It provides for all roof drainage onto the subject property.
D. Building utilization of required rear yards is permitted; except as provided by subsection E of this section, if approved by conditional use permit, for specifically designed properties and developments where permanent control of both sides of an existing or proposed lot line is provided.
E. No habitable building may be erected or constructed, on lots or parcels in excess of 150 feet in depth, within 90 feet of the easterly edge of the Los Angeles Flood Control Channel; nor within 20 feet of the easterly edge of such channel on lots less than 150 feet in depth.
§ 17.05.360. Area.
The following area requirements shall apply to every lot and every parcel in an R-H zone:
A. The minimum required area of a lot or parcel in an R -H zone shall be 9,000 square feet; provided, however, that greater minimum required areas may be established for any lots or parcels by the adoption of official plans; and provided further, that the requirements of this section shall not apply to any lot or parcel having less area than herein required which was held and recorded under separate and different ownership from any adjacent property since July 22, 1959, the effective date of Ordinance No. 114, if such lot or parcel conformed to the minimum required area for the zone in which such lot or parcel was located immediately prior to such effective date. § 17.05.370. Lot width.
Every lot and every parcel created after July 22, 1959, the effective date of Ordinance No. 114, shall have and maintain a lot width of not less than 50 feet; provided, however, that minimum widths greater than 50 feet may be established as to any lots or parcels by the adoption of official plans requiring greater widths. § 17.05.380. Building coverage.
For the purposes of this section, swimming pools, patios, pergolas, and similar type structures not enclosed on more than two sides with permanent construction and materials shall not be counted as structures.
§ 17.05.382. Distance Between Buildings.
The minimum distance between all buildings and structures shall be five feet measured from eave to eave.
§ 17.05.384. Lot Coverage.
The maximum allowable lot coverage shall not exceed 40 percent of the lot size.
§ 17.05.386. Floor Area Ratio.
The maximum allowable floor area ratio shall not exceed 40 percent of lot the size.
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§ 17.05.390. Development standards for single-family dwelling units.
Development standards shall be governed by Section 17.05.090.
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Article V
R-4 Zone, Multi-Family High Density Residential Zone
§ 17.05.400. Permitted uses.
In an R-4 zone, no building shall be erected, constructed, reconstructed or structurally altered or undergo substantial exterior remodel or parking modifications without the issuance and approval of a precise development plan, pursuant to Section 17.02.240 . Additions and structural alterations which do not require the provision of additional parking spaces, are architecturally compatible, and are consistent with Chapter 17.01, Article IV, may be approved by the Director. The use of any building or land shal l be used as specifically provided and allowed by this article and Section 17.02.240.
In the R-4 zone, the following uses are permitted:
A. Any use permitted in the R -3 zone under the same specified conditions, except that the following uses are not permitted:
1. Single room occupancy housing.
B. Multiple dwellings, including group houses, and boarding houses.
C. Accessory buildings and structures pursuant to the requirements of Section
17.04.205.
D. An accessory dwelling unit pursuant to the requirements of Section 17.04.210.
E. Such other uses as are set forth in Chapter 17.04, upon the conditions therein provided.
F. The following, subject to the issuance, existence and validity of a conditional use permit as provided for in Section 17.02.210, and full compliance with each and every condition thereof:
1. Public playgrounds and parks;
2. Churches, synagogues, temples and other buildings, including related accessory uses, primarily devoted to religious worship;
3. Educational institutions;
4. Public utilities and public service uses or structures;
5. Multiple dwellings and other permitted buildings exceeding the height limit, if additional and compatible setbacks are provided so that adjacent buildings and properties are not dwarfed nor significantly affected;
6. Heights exceeding 15 feet in height for buildings and structures which encroach into the required side or rear setbacks.
G. Parking, as provided by Chapter 17.03, Article II; and parking at different ratios may be established by the adoption of an official zoning plan.
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H. Signs for this article are regulated by Chapter 17.03, Article III.
I. Employee housing.
J. Supportive housing.
K. Transitional housing.
§ 17.05.410. Building height.
A. No primary building or structure shall exceed two and one-half stories or 30 35 feet in height, whichever is the lesser; except multiple dwellings equipped with elevators and other permitted buildings if either is approved by conditional use permit; and except as provided by Section 17.03.230 for certain roof and similar structures.
B. The maximum allowable top plate height shall be 14 feet for the first story and 24 feet for the second story. Notwithstanding other provisions of this chapter, three- story buildings, if less than 35 feet in height, are permitted if the buildings contain no more than two levels of separate occupancies with two- story dwelling units above the ground floor but entries and occupancies of the third floor level, which are separate from the second floor level, are expressly prohibited.
C. Buildings and structures which encroach into the required side or rear setbacks shall not exceed one story or 15 feet in height.
§ 17.05.420. Front setback.
A. Every lot and every parcel in an R-4 zone shall have a front setback from the front property line of not less than 15% of the lot depth, provided that such front setback depth need not exceed 15 feet for the first story. The second story shall be setback an additional five feet from the first story. and shall be equipped with an automatic irrigation system and landscaped and maintained in accordance with adopted City standards.
B. Greater front setbacks may be required by the Planning Commission.
C. Front setbacks shall be kept clear of any structures, except as specifically allowed in this title, and landscaped, as required by Section 17.03.010 and shall be equipped with an automatic irrigation system and landscaped and maintained in accordance with adopted City standards.
D. No structures, open storage, equipment, other than approved amenities or landscape feature, shall be maintained in unenclosed or open yard areas visible from abutting street(s), except as specifically allowed in this title.
§ 17.05.430. Side setback.
A. Interior Lot Lines.
1. Every property shall have a side setback from the side property line on each side of the property of not less than five feet for the first story and 10 feet for the second story. and, w Where abutting an R -1 zone, not less than 10 feet Ordinance No. 25-1762 Page 54 of 58
for the first story and the second story shall be setback an additional five feet from the first story.
2. Side setbacks shall be kept clear of any structures, except the following may be located within a side setback from an interior lot line:
a. As specifically allowed in Chapter 17.03, Article IV. b. Approved residential driveways leading to a legal parking space. c. Amenities, as listed in Section 17.05.490(D) that are uncovered. d. Garages, laundry facilities, storage, private balconies (but such balconies shall not be used for access) and similar uses within such structures may encroach into side setbacks from interior lot lines, except that these accessory uses shall maintain a minimum three -foot setback from side property lines.
e. Open automobile parking spaces when permitted upon Planning Commission approval.
B. Abutting Streets.
1. Every property shall have a side setback from the side property line abutting the street of not less than 10 feet for the first story. The second story shall be setback an additional five feet from the first story.
2. Side setbacks abutting a street shall be kept clear of any structures, except as specifically allowed in this title, and landscaped, as required by Section
17.03.010.
3. No structures, open storage, equipment, or amenities shall be maintained in unenclosed or open yard areas visible from abutting street(s), except as specifically allowed in this title.
4. Side setbacks shall be kept clear of any structures, except the following may be located within a side setback abutting a street:
a. As specifically allowed in Chapter 17.03, Article IV. b. Approved residential driveways, when perpendicular to the side property line abutting a street and leading to a legal parking space.
§ 17.05.440. Rear setback.
A. Every lot and parcel in the R -4 zone shall have a rear setback from the rear property line of not less than 20% of the lot depth but need not exceed 20 feet.
B. Greater rear setbacks may be required by the Planning Commission.
C. Front Rear setbacks shall be landscaped as required by Section 17.03.010.
D. Rear setbacks shall be kept clear of any structures, except the following may be located within a rear setback:
1. As specifically allowed in Chapter 17.03, Article IV.
2. Approved residential driveways leading to a legal parking space.
3. Amenities, as listed in Section 17.05.490(D), shall be screened from adjacent streets and properties, except that these amenities shall be screened from adjacent streets and properties.
4. Garages, laundry facilities, storage, private balconies (but such balconies shall not be used for access) and similar uses within such structures may encroach into side setbacks from interior lot lines, except that these accessory uses shall maintain a minimum three- foot setback from rear property lines.
5. Open automobile parking spaces when permitted upon Planning Commission approval.
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§ 17.05.450. Area.
The minimum required area of a lot or parcel in the R -4 zone shall be 25,000 square feet.
Greater minimum required areas may be established for any lots or parcels by the adoption of an official zoning plan. No development shall be permitted on any lot which does not meet the minimum required area and does not meet the access requirements pursuant to Section
17.03.220.
§ 17.05.460. Lot width.
The minimum required width for any lot or parcel in the R -4 zone shall be 100 feet. Greater minimum lot widths may be established for any lots or parcels by the adoption of an official zoning plan. No development shall be permitted on any lot which does not meet the minimum lot width and does not meet the access requirements pursuant to Section 17.03.220.
§ 17.05.462. Distance Between Buildings.
The minimum distance between all buildings and structures shall be 10 feet measured from eave to eave.
§ 17.05.464. Lot Coverage.
The maximum allowable lot coverage shall not exceed 60 percent of the lot size.
§ 17.05.466. Floor Area Ratio.
The maximum allowable floor area ratio shall not exceed 60 percent of lot the size.
§ 17.05.470. Density.
The allowable density for every lot or parcel in the R -4 zone shall be between 23 and 30 dwelling units per acre.
§ 17.05.480. Open space.
Every lot in the R-4 zone which is used for multiple dwelling uses shall contain a minimum of 500 square feet of usable open space or shall conform to the requirements herein after specified, whichever is greater.
A. Minimum Open Space Required.
1. Units with one bedroom or less: 200 square feet per unit, with at least 50 square feet of this open space must be private usable open space for each unit.
2. Units with two bedrooms: 300 square feet per unit, with at least 50 square feet of this open space must be private usable open space for each unit.
3. Units with three bedrooms or more: 400 square feet per unit, with at least 50 square feet of this open space must be private usable open space for each unit.
4. Townhouses and Condominiums. Additional open area may be required upon precise development plan review.
B. Standards.
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1. Open space shall be exclusive of automobile parking spaces, residential driveways, turnaround areas, front, side and rear setbacks; except that rear and side setbacks with a minimum of 10 feet in width may be counted as open space.
2. Open space shall have no dimension less than 10 feet, and may contain sidewalks, landscaping, pergolas, and swimming pools, but shall otherwise be unoccupied and unobstructed from the ground upward, except for the following:
a. One hundred percent of unenclosed areas under balconies and patio covers;
b. Fifty percent of the area of decks and balconies can be counted toward open space, to a maximum of 25% of the total open space required;
c. Fifty percent to 100% of recreation rooms may be included as open space, when considered by the Planning Commission to be an integral part of the open space layout.
§ 17.05.490. Landscaping, architectural and building design standards.
Every development in the R -4 zone shall conform to the following provisions which are considered desirable development standards reflecting the spirit and intent of the multiple - family residential zone. Developments shall incorporate these standards using quality building materials to the maximum extent possible.
A. Full Site Development. To the maximum extent possible all new construction shall encompass the entire site and partial development incorporating existing structures is discouraged.
B. Landscaping shall be provided as required by Chapter 17.03, Article I.
C. Architectural Elements. Developments shall incorporate the following architectural elements using quality building materials to the maximum extent possible:
1. Multi-level roof lines.
2. Private entries for each unit.
3. Covered entries for each unit.
4. Exterior trim, including, but not limited to, wood siding, brick, stone, slumpstone, or other decorative treatments.
5. Windows recessed a minimum of three inches.
6. Varied exterior building materials.
7. Architectural quality roofing material, siding material, entry doors, windows, and garage doors. Asphalt composition shingles do not constitute architectural quality roofing material. The materials shall be subject to the approval of the Director.
8. Concrete areas shall incorporate a stamped or stained pattern within the parking and circulation areas.
9. All developments of five or more units shall incorporate an entry kiosk for pedestrian access into the project.
10. Building elevations visible from public view shall be enhanced through the incorporation of reveals, recesses, trim elements, and other architectural design features to provide articulation and visual interest to the streetscape.
Additionally, a plan shall be submitted for all proposed development which shall demonstrate how, to the maximum extent feasible, the following architectural elements have been Ordinance No. 25-1762 Page 57 of 58
incorporated in the development. Such plan shall be subject to the review and approval of the Planning Commission.
D. Amenities. Developments shall incorporate a minimum of four of the following amenities, to be made available to all residents of the development. Amenities shall be maintained in good working order for the life of the development. Provision of a greater number of these amenities shall be dependent on the size and nature of the proposed development, and shall be encouraged for larger developments. All developments shall provide four of the following amenities:
1. Children's play area, including play equipment;
2. Barbecues;
3. Spa or Jacuzzi;
4. Pool;
5. Covered common patio or patios;
6. Community rooms;
7. Tennis court;
8. Weight or exercise rooms;
9. Fireplaces in units, wood burning or gas;
10. Security systems;
11. Water elements;
12. Laundry rooms facilities that are internally accessible to the unit it serves.
E. Unit Size. Each dwelling unit shall contain the following minimum floor areas:
1. One bedroom: 650 to 750 square feet;
2. Two bedrooms: 850 to 1,000 square feet;
3. Three bedrooms: 1,100 square feet or more.
F. Waste, Garbage and Trash Regulations.
1. All developments must have trash storage areas which shall be located for the convenience of the residents and for efficiency of collection. One six-foot by eight-foot enclosure is required at the ratio of one for every five units for the purpose of storing garbage, waste, refuse and trash. Such enclosure shall have on each side thereof a solid reinforced masonry wall of not less than five feet in height except for openings. All openings shall be equipped with solid, view -obscuring gates or doors which meet the height requirement of this section and the fence requirements for durability. Such gates or doors shall be equipped at all times with a fully operating, self-closing device. At least one opening or gate or door shall be of sufficient width to provide reasonable and necessary access to the storage area and such opening door or gate shall at all times be located and maintained at such a place and in such a fashion that access to the storage area for the deposit and removal of waste, trash, refuse and garbage is reasonably afforded. A roof shall be provided for the trash enclosure. The Director may approve substitution of a solid fence or other material when such fence or other material will adequately comply with the provision of this section.
2. The finish and color of the enclosure, gate and roof shall be decorative and shall incorporate primary elements from the site building style. Chain link and or vinyl fencing shall not be permitted.
3. All garbage stored within such enclosure shall be placed and maintained in a metal or plastic container which has an overlapping fly -tight lid. The Ordinance No. 25-1762 Page 58 of 58
lid shall be secured in place at all times when the container is not being filled or emptied.
4. Waste, refuse and trash, other than garbage shall be placed, maintained, and stored in a container of substantial design and construction that will retain therein such trash, refuse and waste and may be readily emptied by trash collectors and which, further, do not readily disintegrate, fall apart, blow, or scatter about the premises.
5. Garbage, waste, refuse and trash may also be stored in metal bins equipped with wheels of a design approved by the Director. All garbage, waste and refuse and trash contained in such bins shall be maintained within the interior of the metal bins and shall be equipped with a lid which shall be completely closed at all times except when being filled or emptied.
6. All of the aforementioned containers shall be kept and maintained within the walls of such enclosure except when being emptied by a collector.
7. There shall be provided and maintained within such storage area trash containers, as aforementioned, of not less than 50 gallon capacity.
8. No person shall deposit, maintain, accumulate, dispose of or allow the deposit, accumulation, maintenance or any disposal of any garbage, waste, refuse or trash outside of a building.