Chapter 17.41 GENERAL REQUIREMENTS

Provisions in this chapter are applicable to all districts unless specifically superseded by the regulations of that district, such as may be found in a PD district. (Ord. 495 § 1, 2005)

17.41.020 Building site area.

Lots of less than the minimum required area, width, or depth that were of record at the time of the adoption of the city’s initial zoning ordinance are subject to the provisions of Chapter 17.46 EMC. On any such parcel, the minimum yard requirements of the zoning district in which it is located still apply unless modified by subsequent site and architecture approval. (Ord. 495 § 1, 2005)

17.41.022 Corridor/flag lots.

The corridor to a corridor/flag lot shall not be more than 300 feet long nor less than 20 feet wide. The area of the corridor may not be applied toward satisfying the minimum lot area requirement. A corridor may not serve more than one lot. Lot frontage for a corridor lot is an exception to the lot frontage requirements in all zones. (Ord. 495 § 1, 2005)

17.41.025 Development standards – General.

The following development standards are applicable in all zoning districts:

A. Landscape plans indicating plant species, location and method of irrigation shall be submitted to the city planner for approval prior to issuance of any permit. Required landscaping shall be installed prior to final inspection and shall be maintained by the property owner.

B. Uses shall be planned, developed and operated in a manner that noise, smoke, dust, odors and waste are minimized to control pollution of air, soil and water.

C. All uses shall be allowed only if served by public water and sewer.

D. Front on-site parking, that parking taking place on-site between the street and the front building facade, shall not exceed 20 percent of the required on-site parking. (Ord. 495 § 1, 2005)

17.41.030 Fences, hedges and walls.

A. In residential zones, walls, fences and hedges within a required front yard, side yard adjacent to a street or alley, or that portion of a required rear yard within 15 feet of a street or alley where adjacent to the side yard shall not exceed a maximum height of three feet. Within required yard areas other than identified above, walls, fences and hedges shall not exceed a maximum height of eight feet. Fences over a height of seven feet require a building permit.

B. In all other zoning districts, no walls or fencing is permitted within a required front yard, side yard adjacent to a street or alley, or that portion of a required rear yard within 15 feet of a street or alley where adjacent to the side yard except a wall or fence no higher than 30 inches may be constructed to screen parking lots. Within required yard areas other than identified above, walls, fences and hedges shall not exceed a maximum height of eight feet. Fences over a height of seven feet require a building permit.

C. On those portions of a corner lot within a traffic view area in any zone where fencing is permitted, walls, fences, hedges, or other physical obstructions shall not exceed a maximum of 30 inches above the curb. A traffic view area is the area within a triangular area formed by lines extending 25 feet along the front and side property lines from the intersecting point of the front property line and street side property line, and a diagonal line connecting the two lines.

D. Where a residential use exists on a lot in a nonresidential zone, the fencing requirements for the R-1 residential zone shall apply. However, the city planner may allow front yard fences up to six feet in height within the front setback where a finding is made that such additional height is required to protect the residential use of the property.

E. When any property is developed with a commercial, industrial, or other building or which use is adjacent to property zoned residential, an eight-foot-high solid masonry wall shall be required along such side or rear property line. When property is developed with any other nonresidential use that might conflict with the residential use of any adjacent property zoned residential, an eight-foot-high solid masonry wall shall be required along such property lines as required by the deciding body.

F. Gateways or entryway arbors may be higher than six feet in any zone and shall be an open design but in no case shall a gateway or entryway arbor be higher than eight feet, have a width greater than six feet, or have a depth greater than four feet. No more than one gateway or entry arbor per street frontage is allowed.

G. Fences, walls, and hedges shall be measured as a single unit if built or planted within three feet of each other in any direction.

H. At the time of construction on any lot or parcel in all zoning districts except low density residential (R-1), a temporary fence with mesh screening material or wall not less than five feet high shall be installed to enclose the perimeter of the construction area. Temporary fencing is permitted only during active construction and is prohibited at any other time. This subsection is expressly retroactive and shall apply to any temporary fencing existing at the time of its effective date.

I. Side yard fence height may be graduated from three feet to eight feet as approved by the city planner, except on street side yard of corner lots.

J. When a property is developed as a mobile home park, a solid masonry wall eight feet high shall be required along the boundaries adjoining other properties. A solid masonry wall, or other screening, as determined by the planning commission, may be required 15 feet from the ultimate property line adjacent to any public or private street.

K. All walls and fences shall be constructed of appropriate and durable materials, such as wood, wrought iron, tubular steel, concrete, brick, stone, corrugated metals inside a metal or wood frame, or similar materials as determined by the city planner. The city planner’s decision may be appealed to the planning commission. Materials of poor quality, such as unfinished plywood, fiberglass, unframed corrugated metals, and bare metal wire (whether barbed, razor, or smooth) shall be prohibited. With the exception of public facilities on city-owned property, the use of chain link fencing material is prohibited within the required front yard area and shall not be visible from the public right-of-way.

L. For the purposes of this section, fence or wall heights shall be measured from finished grade, then natural grade. (Ord. 584 § 3, 2020; Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)

17.41.040 Height limits – Exceptions.

Towers, spires, elevator and mechanical penthouses, cupolas, similar structures and necessary mechanical appurtenances which are not used for human activity or storage may be higher than the maximum height permitted by the zoning district. Flag poles no higher than 20 feet are permitted in residential zones. Flag poles are permitted without height limitation in all other zones. Television or radio antennas, not exceeding 60 feet in height, are permitted in all zoning districts, however, no antenna shall be permitted in any required front yard area. (Ord. 495 § 1, 2005)

17.41.050 Home occupations.

A. Purpose. The purpose of this section is to establish permit requirements for those persons intending to conduct a home occupation and to establish standards for such use. The standards for home occupations in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood in which the home occupation is situated.

B. Responsibility for Review and Approval of the Home Occupation Permit. A person or persons conducting or intending to conduct a home occupation shall apply for a home occupation permit from the city planner in accordance with the procedure set forth in this section. In no case shall a home occupation be conducted without prior issuance of a home occupation permit by the city planner. When the city planner has determined that a person or persons is required to obtain a home occupation permit for an existing home occupation for which no home occupation permit has previously been issued, all such activity relating to the existing home occupation must cease until such time as a valid home occupation permit is issued by the city planner.

C. The following rules shall apply to each home occupation:

1. The home occupation shall be clearly incidental to the use of the structure as a dwelling.

2. The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the gross floor area of the dwelling unit shall be used in the conduct of the home occupation.

3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation.

4. No home occupation shall be conducted in any garage, carport or accessory building.

5. There shall be no sales in connection with such home occupation other than sales of merchandise produced on the premises or directly related to the services offered.

6. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and the home occupation shall not increase parking demands on the street on which the residential unit is located.

7. No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable off the lot to the normal senses. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, television, computer, telephone, fax machine or other receiving devices or electronic or electrical equipment off the premises, or causes fluctuations in line voltage off the premises.

8. No employees other than residents of the household hosting the home occupation shall be associated with the home occupation.

9. The nature or type of occupation for which a home occupation permit may be granted shall be listed on such permit.

10. There shall be no outdoor display or storage.

D. The following uses shall not be permitted to be home occupations:

1. Medical, therapy or chiropractic clinics;

2. Barber or beauty shops;

3. Pet grooming;

4. Real estate offices;

5. Photographic studio except limited developing for sale elsewhere;

6. Music lessons for classes of four or more;

7. T.V., audio or appliance repair;

8. Cabinet shop, furniture manufacturer or upholstery repair;

9. Automotive repair or maintenance or other automotive services;

10. Bicycle, lawn mower, small engine or tool repair or maintenance;

11. Welding;

12. Adult entertainment facility/business;

13. Psychic readings, palm readings, or similar uses as determined by the city planner. (Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)

17.41.060 Large family day care homes.

Repealed by Ord. 572. (Ord. 495 § 1, 2005)

17.41.065 Lighting.

Where on-site lighting is provided, the following guidelines shall apply:

A. The location, design, intensity, light hue and shielding of lighting fixtures for new construction shall be subject to approval by the city planner.

B. Lighting fixtures located on any property in or adjacent to any residential zone shall be arranged and shielded so that the light will not shine directly on land in such residential zone, nor shall the light shine on the public roadway.

C. The light source shall not be visible from off the property. (Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)

17.41.070 Manufactured housing units.

Where single-family dwelling is allowed by this title, that unit may be a manufactured housing unit; provided, that the manufactured housing unit meets the following restrictions:

A. Must have been constructed after July 1, 1976, and issued an insignia of approval by the U.S. Department of Housing and Urban Development.

B. Must not have been altered in violation of current applicable codes for manufactured housing.

C. Must be occupied only as a single-family residence.

D. Must conform to all building setback, off-street parking and other requirements applicable to single-family residences.

E. Must be attached to a permanent foundation in compliance with all applicable building code regulations.

F. Must have exterior wall covering of stucco, masonry, wood, shake, brick or similar surfaces and have exterior design schemes similar to surrounding residences, including exterior trim and paint.

G. Must have roof pitch of not less than a two-inch vertical rise for each 12 inches of horizontal run, with roofing materials of a type customarily used on neighboring residences.

H. Must have porches, patios, roof eaves and overhangs to ensure compatibility with neighboring residences. (Ord. 495 § 1, 2005)

17.41.080 Outdoor display of merchandise.

A. Outdoor display of merchandise is allowed only in nonresidential districts. The following requirements shall apply:

1. Merchandise shall be displayed only during the normal business hours of the business displaying the merchandise, except for landscaping and plant materials, which may remain outdoors overnight.

2. Merchandise so displayed must be immediately adjacent to the building the business occupies.

3. Merchandise so displayed shall not be in any required parking space.

4. Placement of the merchandise shall not obstruct pedestrian movement and shall allow at least four feet of pedestrian walkway between the display and any other obstruction. The four feet may include adjacent available public right-of-way such as a public sidewalk.

B. This section governs the display of merchandise on private property only. Display of merchandise on public property is regulated by other ordinances of the city. (Ord. 495 § 1, 2005)

17.41.090 Outdoor storage.

The area for outdoor storage must be suitably screened from adjoining property and the public right-of-way by a wall, dense evergreen hedge of trees or other screen planting, or by a solid fence not less than six feet high. Materials in nonresidential districts shall not be stored in such a manner as to project above the wall, planting or fence. (Ord. 495 § 1, 2005)

17.41.100 Private school – Criteria for establishment and operation.

Notwithstanding any other provisions of this title, a conditional use permit may be granted for a private school that meets the following criteria:

A. Location Standards. No use permit shall be approved for a new private school (institutional) within 300 feet of another private school, as measured from any point upon the outside walls of the existing or proposed structure that will house the students.

B. Minimum Lot Area Standards. The lot on which a private school (institutional) is located shall contain not less than 800 square feet for each student served by the facility.

C. Off-street loading and delivery areas shall be provided for each facility that has a capacity to serve 13 or more students.

D. Additional Conditions. Additional conditions to those set forth in this section may be imposed by the planning commission on the use permit when deemed necessary to protect the public health, safety, and welfare. (Ord. 495 § 1, 2005)

17.41.110 Public utilities.

The provisions of this title shall not apply to poles, lines, or other structures or facilities used by irrigation districts or public utility companies for producing, transmitting or distributing utility services and shall not be construed to limit or interfere with the installation, maintenance or operation of public utilities. (Ord. 495 § 1, 2005)

17.41.120 Projections allowed into yards.

A. Except as otherwise provided in this chapter, required yards are to be unobstructed by any building structure or other improvement constructed on, over, or under the ground. No part of a yard required by this title shall be included as part of a yard required for any other lot.

B. Cornices, eaves, sills, canopies, bay windows, chimneys or other similar architectural features may extend or project into a required side yard not more than 24 inches and may extend or project into a required front or rear yard not more than 30 inches.

C. Uncovered porches or stairways, fire escapes or landing places may extend into any required front or rear yard a distance not exceeding six feet and into any required side yard a distance not exceeding one-half the width of the required side yard

D. Decks and patios structurally supported entirely by earth at no higher than finished grade, then natural grade, may extend into a side or rear yard to within one foot of any property line.

E. Open, unenclosed balconies, not covered by a roof or canopy may project into a front or rear yard up to six feet.

F. If building permits are not required, small storage/utility buildings 120 square feet or less in floor area and less than nine feet in total height may be allowed in the required rear and side yard setbacks.

G. Trellises, arbors and gazebos shall be allowed in rear and side yards if more than three feet away from any property line. Swimming pools and spas must be a minimum of three feet to water’s edge from the property line.

H. Private driveways that do not provide necessary access to any other lot shall be permitted within setbacks.

I. Ramps for access by handicapped persons from grade to a raised ground floor structural entry shall be allowed in setbacks.

J. Mechanical equipment such as air condition compressors or equipment, swimming pool pumps and filters, and similar items shall not be located in any required front or side yard. (Ord. 573 § 4, 2018; Ord. 495 § 1, 2005)

17.41.130 Rooftop equipment.

All rooftop mechanical equipment that may be visible from off the site shall be screened so as to minimize the visual impact from off the site, and in a manner that is architecturally compatible with the building on which it serves. (Ord. 495 § 1, 2005)

17.41.140 Accessory dwelling units.

A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.

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

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

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

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

4. Required to correct a nonconforming zoning condition, as defined in subsection (C)(7) of this section. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

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

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

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

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

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

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

4. “Efficiency kitchen” means a kitchen that includes all of the following:

a. A cooking facility with appliances.

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

5. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:

a. It is no more than 500 square feet in size.

b. 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.

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

d. 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 from the main entrance to the primary dwelling.

e. It includes an efficiency kitchen, as defined in subsection (C)(4) of this section.

6. “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.

7. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

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

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

10. “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.

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

D. Approvals. The following approvals apply to ADUs and JADUs under this section:

1. Building-Permit Only. If an ADU or JADU complies with each of the general requirements in subsection E of this section, it is allowed with only a building permit in the following scenarios:

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

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

ii. Has exterior access that is independent of that for the single-family dwelling; and

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

iv. The JADU complies with the requirements of Government Code Section 65852.22.

b. Limited Detached on Single-Family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1)(a) of this section), if the detached ADU satisfies each of the following limitations:

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

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

iii. The peak height above grade does not exceed the applicable height limit in subsection (E)(2) of this section.

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

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

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

ii. The peak height above grade does not exceed the applicable height limit provided in subsection (E)(2) of this section.

2. ADU Permit.

a. Except as allowed under subsection (D)(1) of this section, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E and F of this section.

b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU permit processing fee is determined by the development services manager and approved by the city council by resolution.

3. Process and Timing.

a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

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

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

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

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

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

E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (D)(1) or (D)(2) of this section:

1. Zoning.

a. An ADU or JADU subject only to a building permit under subsection (D)(1) of this section may be created on a lot in a residential or mixed-use zone.

b. An ADU or JADU subject to an ADU permit under subsection (D)(2) of this section may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

2. Height.

a. Except as otherwise provided by subsections (E)(2)(b) and (E)(2)(c) of this section, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.

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

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

d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(d) may not exceed two stories.

e. For purposes of this subsection (E)(2), height is measured above existing legal grade to the peak of the structure.

3. Fire Sprinklers.

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

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

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

5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

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

7. Owner Occupancy.

a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.

b. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.

c. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (E)(7)(c) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

8. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the development services manager. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

a. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

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

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

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

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

9. Income Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 65852.2, the following requirements must be satisfied:

a. With the building permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

b. Within 90 days after January of each year following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.

10. Building and Safety.

a. Must Comply With Building Code. Subject to subsection (E)(10)(b) of this section, all ADUs and JADUs must comply with all local building code requirements.

b. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or code enforcement division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (E)(10)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) of this section.

1. Maximum Size.

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

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

c. Application of other development standards in this subsection F, such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (F)(1)(b) of this section or of a front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

2. Setbacks.

a. ADUs that are subject to this subsection F must conform to four-foot side and rear setbacks. ADUs that are subject to this subsection F must conform to 25-foot front setbacks, subject to subsection (F)(1)(c) of this section.

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

3. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed 65 percent, subject to subsection (F)(1)(c) of this section.

4. Minimum Open Space. No ADU subject to this subsection F may cause the total percentage of open space of the lot to fall below 35 percent, subject to subsection (F)(1)(c) of this section.

5. Passageway. No passageway, as defined by subsection (C)(8) of this section, is required for an ADU.

6. Parking.

a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(11) of this section.

b. Exceptions. No parking under subsection (F)(6)(a) of this section is required in the following situations:

i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(10) of this section.

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

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

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

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

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

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

7. Architectural Requirements.

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

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

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

d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.

f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

g. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

8. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:

a. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every 10 linear feet of exterior wall.

b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

c. All landscaping must be drought-tolerant.

d. All trees within 20 feet of public right-of-way must be from the city’s approved tree list.

9. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

G. Fees. The following requirements apply to all ADUs that are approved under subsection (D)(1) or (D)(2) of this section.

1. Impact Fees.

a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (G)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

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

2. Utility Fees.

a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

b. Except as described in subsection (G)(2)(a) of this section, converted ADUs on a single-family lot that are created under subsection (D)(1)(a) of this section are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

c. Except as described in subsection (G)(2)(a) of this section, all ADUs that are not covered by subsection (G)(2)(b) of this section require a new, separate utility connection directly between the ADU and the utility.

i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

ii. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

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

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

2. Unpermitted ADUs constructed before 2018.

a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, 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 state ADU law (Government Code Section 65852.2) or this section.

b. Exceptions.

i. Notwithstanding subsection (H)(2)(a) of this section, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

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

I. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A through H of this section may be allowed by the city with a conditional use permit, in accordance with Chapter 17.56 EMC, Use Permits. (Ord. 591 § 3 (Exh. A), 2023; Ord. 583 § 3, 2020; Ord. 577 § 3, 2019; Ord. 495 § 1, 2005)

17.41.150 Storage of construction equipment.

No person shall store any commercial or construction equipment or materials on any occupied lot or parcel in any zoning district of the city except in the commercial or industrial zoning districts. Equipment or materials being used for construction on the premises where a valid building permit, where required, has been issued or applied for may be stored thereon during construction. (Ord. 495 § 1, 2005)

17.41.160 Storage on vacant lots.

No person shall store any commercial or construction equipment or materials or store or park any boat, house trailer, camper trailer, detached camper trailer, detached camper trailer top, motor vehicle, or dismantled, inoperative motor vehicle or with no current vehicle license on vacant lots in any zoning district of the city. (Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)

17.41.170 Street improvements.

Street improvements, such as curb, gutter, sidewalk and drainage facilities, may be required as a condition of development. Deferred street improvement agreements may be executed by the city council if appropriate. (Ord. 495 § 1, 2005)

17.41.180 Swimming pools.

A. Swimming pools are allowed in all zones.

B. No swimming pool shall be located within three feet of a property line, nor in a required front yard, nor in a required side yard along a street.

C. No mechanical equipment for operating a swimming pool shall be located in a required front yard nor within five feet of a property line when located in a required side yard.

D. When use of a swimming pool is incidental to the use of the zoning plot on which it is located, no zoning approval is required. Examples of swimming pools incidentally used are pools for private residences, pools for the use of guests at hotels and motels, and pools exclusively for use by employees of a business organization located at the site of the facilities where the employees work.

E. Every person who owns or possesses any property where there is a swimming pool shall enclose the pool in the manner and as required by the building official.

F. For purposes of this section, a spa and/or above ground swimming pool are considered as swimming pools and are subject to the requirements contained herein. (Ord. 573 § 5, 2018; Ord. 495 § 1, 2005)

17.41.190 Temporary construction buildings.

Temporary structures required for the security of or completion of construction projects are permitted, subject that they must be removed within 14 days of the completion of the construction project. Time extensions may be approved by the city planner upon application and justification for such extension. (Ord. 495 § 1, 2005)

17.41.195 Temporary structures (other than construction buildings).

A. Mobile homes or other temporary structures may be permitted upon approval by the city planner or planning commission, as detailed in this code. Such approval shall be given only under the following conditions during the period of occupancy:

1. Adequate parking will be maintained.

2. Utilities are available as required by ordinance.

3. Restrooms are available as required by the building department.

4. The structure will not have a long-term adverse impact on the adjacent neighborhood.

5. Approval shall be granted for a specific time limit.

6. Landscaping appropriate to the site and duration of the use is provided.

7. Temporary fencing is prohibited except as described in EMC 17.41.030.

B. Temporary structures, such as pre-fabricated metal or steel structures or carports, are only permitted in residential zoning districts under the following conditions:

1. Obtain a building permit if the structure is over 120 square feet.

2. Secure structure to the ground in accordance with the California Building Code.

3. Structure must be independent and cannot be attached to the dwelling, other structures, or fencing.

4. Structure and any storm water runoff from the structure cannot cross property lines in accordance with the California Building Code.

5. Structure cannot have cloth, canvas, or tarp-like material coverings on the top or sides. A cloth or canvas front access covering is allowed if obtained directly from the structure manufacturer.

6. Location.

a. Side Yard. Structures placed in the side yard:

i. Must be located a minimum of 10 feet behind the front wall adjacent to the structure.

ii. Must be located behind a solid fence or gate at least six feet in height as to be screened from the public right-of-way.

iii. Have a side yard setback of three feet from the property line and three feet from other structures in accordance with the fire code.

b. Rear Yard. Structures placed in the rear yard:

i. Must be located behind a solid fence/gate at least six feet high if visible from the public right-of-way.

ii. Have a setback of three feet from the side and rear property line and three feet from other structures in accordance with the fire code.

c. Front Yard. Temporary structures are prohibited from being placed between the front-most wall of the residence and the front property line.

i. Exception. Dwellings that do not have a garage, adequate side yard space, and adequate backyard space to accommodate a driveway and accessory structure, at the discretion of the city planner, may construct a carport in the front yard area with a building permit under the following requirements:

A. To maintain harmony in the surrounding neighborhood and produce an attractive structure, structure shall be installed permanently, constructed, and painted out of the same materials as the house to match the dwelling’s architectural style and color scheme.

7. All structures described in this section must be maintained in continuous “like-new” condition, so as not to affect the aesthetics of the neighborhood or become a nuisance. (Ord. 584 § 4, 2020; Ord. 495 § 1, 2005)

17.41.200 Trash, garbage, and recycling container enclosures.

Enclosures for trash, garbage, and recycling containers shall be required for all new development except for new residential developments consisting of three or fewer dwelling units on a single lot. Such enclosures shall be constructed of solid masonry material at a minimum of six feet in height, fully enclosed on all sides and built according to specifications approved by the city with variations approved by the planning director. All such areas shall have adequate access for collection vehicles. Plans for trash, garbage, and recycling enclosures shall be reviewed by the franchise hauler for recommendations on appropriate size and number of containers for the project. Multiple-family projects of four units or more shall be required to use approved trash containers rather than individual garbage cans. All projects must comply with applicable state laws regarding recycling. (Ord. 495 § 1, 2005)

17.41.210 Utility stations.

The following special requirements shall apply if the proposed use is a utility service center that includes equipment yard functions:

A. Screening.

1. Equipment yard activities shall be screened from all streets and to the extent possible from adjacent uses, and may involve any combina-

tion of structures and landscaping acceptable to the city planner.

2. Notwithstanding subsection (A)(1) of this section, any screening must include a 20-foot setback that is covered with a dense landscaping screen on the side and rear property lines of any utility service center.

3. Notwithstanding subsection (A)(1) of this section, screening must include the landscaping required by this title if the utility service center is located in an industrial zoning district.

B. Noise Barrier. Construction of an effective masonry or other high-mass noise barrier at the setback between the equipment yard component of the facility, including access drives, and any adjacent parcels not located within an industrial zoning district. (Ord. 495 § 1, 2005)