Chapter 18.16 RESIDENTIAL ZONING DISTRICTS

Chapter 18.16
RESIDENTIAL ZONING DISTRICTS

Sections:

18.16.010 Purpose of chapter.

18.16.020 Purpose of residential zoning districts.

18.16.030 Regulations for residential zoning districts.

18.16.040 Residential zoning districts land uses and permit requirements.

18.16.050 Residential zoning districts general development standards.

18.16.055 Recommended residential design standards.

18.16.060 Development standards for accessory structures and equipment in residential zoning districts.

18.16.070 Miscellaneous uses - hen chickens.

18.16.080 Accessory dwelling units.

18.16.010 Purpose of chapter.

This chapter lists the uses of land that may be allowed within the residential zoning districts established by Chapter 18.12. It also determines the type of land use permit/approval required for each use, and provides general standards for site development.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.16.020 Purpose of residential zoning districts.

The residential zoning districts are intended to provide for a range of housing types and densities for all economic segments of the community while emphasizing high quality development and home ownership. The purposes of the individual residential zoning districts and the manner in which they are applied are as follows.

A. Residential Agriculture District (RA). The RA zoning district is intended for areas appropriate for very low density single-family housing and secondary residential units in a rural setting with agricultural and accessory uses. The RA zoning district provides a transitional buffer area between agricultural uses and urban uses in order to minimize conflicts between these two uses. This zoning district is characterized generally by very large residential lots designed to promote the development of very low-density residential uses, limited agricultural uses, and open space uses. The maximum allowable residential density ranges from zero (0) to one-half (0.5) dwelling unit per acre. The RA zoning district is consistent with the rural residential land use designation of the General Plan.

B. Residential Estates District (RE). The RE zoning district is intended for areas appropriate for single-family detached executive housing opportunities and secondary residential units on large lots with limited urban services. The maximum allowable residential density ranges from zero (0) to one (1) dwelling unit per acre. The RE zoning district is consistent with the residential estates land use designation of the General Plan.

C. Low Density Single-Family Residential District (R1A). The R1A zoning district is intended for areas appropriate for single-family detached homes and secondary residential units. This use is typically located in areas which include full urban services, and away from industrial, intensive commercial, and large-scale infrastructure (i.e., power substations, wastewater treatment plant). The R1A zoning district provides a low density, residential environment. This zoning district is characterized by large residential lots (minimum ten thousand (10,000) square feet) designed to promote the development of single-family dwellings at a low suburban density with ample open space and separation between residences. The maximum allowable residential density ranges from zero (0) to six (6) dwelling units per acre. The R1A zoning district is consistent with the low density land use designation of the General Plan.

D. Intermediate Density Single-Family Residential District (R1B). The R1B zoning district is intended for areas appropriate for single-family detached homes and secondary residential units. This use is typically located in areas which include full urban services, and away from industrial, intensive commercial, and large-scale infrastructure (i.e., power substations, wastewater treatment plant). The R1B zoning district provides an intermediate density residential environment. This zoning district is characterized by medium-sized residential lots (minimum eight thousand (8,000) square feet) designed to promote the development of single-family dwellings at a moderate suburban density. The allowable residential density ranges from zero (0) to six (6) dwelling units per acre. The R1B zoning district is consistent with the low density land use designation of the General Plan.

E. Maximum Density Single-Family Residential District (R1C). The R1C zoning district is intended for areas appropriate for single-family detached homes and secondary residential units. This use is typically located in areas which include full urban services, and away from industrial, intensive commercial, and large-scale infrastructure (i.e., power substations, wastewater treatment plant). The R1C zoning district provides a higher density single-family residential environment. This zoning district is characterized by small residential lots (minimum six thousand five hundred (6,500) square feet) designed to promote the development of single-family dwellings at a higher suburban density with cohesive neighborhoods and easy access to urban facilities. The allowable residential density ranges from zero (0) to six (6) dwelling units per acre. The R1C zoning district is consistent with the low density land use designation of the General Plan.

F. Medium Density Residential District (R2). The R2 zoning district is intended for areas appropriate for single-family detached homes, secondary residential units, and duplexes. The R2 zoning district provides a moderate density residential environment with a wide variety of housing types. This zoning district is characterized by a variety of lot sizes and is designed to promote the development of innovative forms of single-family and multiple-family dwellings (e.g., townhomes, duplexes, townhome-style condominiums, and clustered development) at a low to moderate urban density with cohesive neighborhoods and easy access to urban facilities. This use is typically located adjacent to low density residential areas and provides a transition between low density and medium high density residential. The allowable residential density ranges from five (5) to eight (8) dwelling units per acre. The R2 zoning district is consistent with the medium density residential land use designation of the General Plan.

G. Medium High Multiple-Family Residential District (R3). The R3 zoning district is intended for areas appropriate for multiple-family residential units. This use provides a transition from lower-density residential areas and is often close to commercial/office professional areas, and arterial streets. The R3 zoning district provides a medium high density residential environment for condominiums and apartments. This zoning district is characterized by a wide variety of lot sizes and is designed to promote the development of multiple-family dwellings (e.g., multi-plex units, apartment-style condominiums, and apartments) with ample open space and on-site facilities and amenities, at a moderate urban density. The allowable residential density ranges from eight (8) to fourteen (14) dwelling units per acre. The R3 zoning district is consistent with the medium high density residential land use designation of the General Plan.

H. High Density Multiple-Family Residential District (R4 and R4a). The R4 and R4a zoning districts are intended for areas appropriate for multiple-family residential units. This use is typically located near medium-high density and/or near commercial/office professional uses or arterial streets and highways. The R4 and R4a zoning districts provide a high density residential environment for condominiums and apartments. This zoning district is characterized by a wide variety of lot sizes and is designed to promote the development of multiple-family dwellings (e.g., multiplex units, apartment-style condominiums, and apartments) with ample open space and on-site facilities and amenities, at a high urban density. The allowable residential density range for the R4 district is from fourteen (14) to twenty-four (24) dwelling units per acre. The allowable residential density range for the R4a district is from twenty (20) to thirty (30) dwelling units per acre. The R4 and R4a zoning districts are consistent with the high density residential land use designation of the General Plan.

(Ord. 2023-03, Amended, 05/02/2023; Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.16.030 Regulations for residential zoning districts.

Regulations for residential zoning districts shall be as follows:

A. Permitted and conditionally permitted uses shall be as specified in Table 18.16-1.

B. Development standards shall be as specified in Section 18.16.050.

C. Off-street parking and loading shall be provided in accordance with the provisions of Chapter 18.48.

D. Signs shall comply with the provisions of Chapter 18.56.

E. Landscaping and screening shall be provided in accordance with the provisions of Chapter 18.52.

F. No building, structure, vehicle, or land shall be used nor shall any building, structure or vehicle be erected, altered, moved, enlarged, or stored below the established base flood elevation (as shown on the Flood Insurance Rate Maps (FIRM) prepared by the Federal Emergency Management Agency (FEMA) and including any letter of map amendments (LOMAs) and letter of map revisions (LOMRs)). If no base flood elevation exists and there is a likelihood that the property is subject to flooding, the applicant shall submit a hydrological survey that establishes the base flood elevation. No area lying below base flood elevation shall be used in any manner so as to create problems inimical to the public health, safety or general welfare or so as to have a detrimental effect on the use or value of property in the vicinity or within the City as a whole.

G. In addition to the uses permitted in Table 18.16-1, and subject to the requirements of the applicable uniform codes, the following uses are allowed in all zoning districts without a permit.

1. Gardens, the primary purpose of which is to provide food for noncommercial use.

2. Keeping of four (4) or fewer dogs of more than four (4) months of age.

3. City or City-approved wells, water treatment plants, lift stations, substations, and similar facilities.

H. The use of temporary structures such as tents and shade structures for vehicles is prohibited when visible from the public right-of-way. For all other areas, the use of temporary structures shall be subject to the same standards as accessory structures, per Section 18.16.060.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.16.040 Residential zoning districts land uses and permit requirements.

A. Table 18.16-1 identifies the uses of land allowed by this Development Code in each residential zoning district, and the land use permit required to establish each use. Uses are permitted or prohibited in accordance with Table 18.16-1 and provided they conform to all provisions of this code. The letter “N” indicates the use is prohibited in the corresponding zoning district. The letter “P” indicates the use is permitted in the corresponding zoning district. The letter “M” indicates the use is permitted in the corresponding zoning district subject to approval of a minor use permit (see Section 18.68.120). The letter “C” indicates the use is permitted in the corresponding zoning district subject to approval of a conditional use permit (see Section 18.68.130). If a proposed use does not appear in this table, the proposed use must be determined to be similar to a use specified in this table in accordance with Section 18.68.090. Footnote numbers in Table 18.16-1 correspond to numbers in subsection B of this section.

Table 18.16-1

Residential Land Use Matrix

N = Not Permitted; P = Permitted; M = Minor Use Permit; C = Conditional Use Permit
USE TYPE	RESIDENTIAL
	RA	RE	R1			R2	R3	R4/R4a
	RA	RE	A	B	C	R2	R3	R4/R4a
RESIDENTIAL USES
Community Care Facilities
Residential Care Facility (6 or Fewer)	P	P	P	P	P	P	P	P
Residential Care Facility (7 or More)	N	N	N	N	N	C	C	C
Small Family Day Care Home (Up to 8)	P	P	P	P	P	P	P	P
Large Family Day Care Home (9 - 14)	M	M	M	M	M	M	M	M
Day Care Center	N	N	N	N	N	N	C	C
Accessory Dwelling Unit	P9	P9	P9	P9	P9	P9	P9	P9
Duplex	N	N	N	N	N	P	P	P
Home Occupation1	P	P	P	P	P	P	P	P
Live/Work Projects	N	N	N	N	N	N	P2	P2
Mobilehome Park3	C	C	N	N	N	C	C	N
Multiple-Family Dwelling, Three or More4	N	N	N	N	N	N	P2	P2
Single-Family Dwelling	P	P	P	P	P	P	N8	N
Seasonal Farmworker Housing	M5	N	N	N	N	N	P5	P5
Transition and Supportive Housing	P	P	P	P	P	P	P	P
AGRICULTURAL USES
Commercial Crops (with Off-Site Sales)	M	M	N	N	N	N	N	N
Community Garden	P	P	P	P	P	P	P	P
Ranch Marketing Operation	C	C	N	N	N	N	N	N
ANIMALS
Kennels	M	M	N	N	N	N	N	N
Veterinary Services/Animal Care Facility Excluding Outdoor Kennel	M	M	N	N	N	N	N	N
Veterinary Services/Animal Care Facility Including Outdoor Kennel	C	C	N	N	N	N	N	N
RECREATION AND ENTERTAINMENT
Community Center	N	N	P6	P6	P6	P6	P6	P6
Club or Lodge	N	N	N	N	N	N	C	C
Library/Museum	C	C	C	C	C	C	P	P
TOURIST AND VISITOR SERVING USES
Bed and Breakfast	C	C	N	N	N	C	M	N
Guest Ranch	C	C	N	N	N	N	N	N
COMMERCIAL USES
General Wholesale and Retail Sales
Nursery, Garden and Farm	C	C	N	N	N	N	N	N
Services
Cemetery	C	N	N	N	N	N	N	N
Place of Worship	C	C	C	C	C	C	C	C
Public Safety Facilities	C	C	C	C	C	C	C	C
TRANSPORTATION FACILITIES
Automobile Parking Lot or Structure, Commercial	N	N	M	M	M	M	M	M
UTILITY AND COMMUNICATION FACILITIES
Telecommunications Facility	M	M	M	M	M	M	M	M
Satellite Receiving Dish	P7	P7	P7	P7	P7	P7	P7	P7
Utility Substation	C	C	C	C	C	C	C	C
EDUCATIONAL INSTITUTIONS AND SCHOOLS (Private)
College or University	N	N	N	N	N	N	C	C
Preschool (over 12 Students)	C	C	N	N	N	N	C	C
Private Specialty School/Trade School	N	N	N	N	N	N	C	C

B. The following special considerations shall apply to Table 18.16-1 (numbers correspond to footnote numbers in the table):

1. All home occupations are subject to the requirements of Section 18.44.050.

2. Planning Commission approved design review required for residential projects with five (5) or more units.

3. Mobilehome parks shall conform to the requirements of Section 18.44.070.

4. New developments of five (5) or more multiple-family dwellings require the construction of usable common and/or private open space, which shall be subject to site plan review. Examples of common and/or private open space include, but are not limited to:

a. Common open space: playgrounds, clubhouses, recreation rooms, pools/spas, community gardens, picnic areas, gazebos, landscaped areas with paths, etc. (see Figure 18.16-1).

Figure 18.16-1

Common Recreation Areas

b. Private open space: fenced yards, patios, decks, balconies, etc. (see Figure 18.16-2).

Figure 18.16-2

Private Open Space

5. Farm employee housing is allowed with up to thirty-six (36) beds, consistent with SB 1802.

6. A minor use permit is required when the use is rented out to the public.

7. Refer to Section 18.44.160 for satellite receiving dish development regulations.

8. Refer to Section 18.16.050(B)(11).

9. Refer to Section 18.16.080 for development requirements.

(Ord. 2023-03, Amended, 05/02/2023; Ord. 2022-09, Amended, 12/06/2022; Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.16.050 Residential zoning districts general development standards.

The purpose of this section is to provide open areas around structures for access to and around buildings; to protect access to natural light, ventilation, and direct sunlight; to ensure the compatibility of adjacent land uses; to provide space for privacy, landscaping, and recreation; to regulate the height of structures; to promote public safety; and to preserve neighborhood character (see Figure 18.16-4).

Figure 18.16-4

Location of Setbacks

A. Development standards for residential zoning districts shall be as specified in Table 18.16-2. Footnote numbers in the table correspond to numbers in subsection B of this section.

Table 18.16-2

Residential Zoning District Development Standards
ZONE	MAX. LOT COVERAGE	MIN. LOT SIZE	MIN. STREET FRONTAGE2	MINIMUM REQUIRED YARD SETBACKS1				MAX. BLDG. HEIGHT5
ZONE	MAX. LOT COVERAGE	MIN. LOT SIZE	MIN. STREET FRONTAGE2	FRONT3	SIDE	STREET SIDE4	REAR	MAX. BLDG. HEIGHT5
RA6,7	.10	5 acres	100 ft.	20 ft./ 50 ft.8	10 ft./ 50 ft.8	12.5 ft./ 50 ft.8	10 ft./ 50 ft.8	50 ft.
RE	.30	1 acre	100 ft.	20 ft./ 50 ft.8	5 ft./ 50 ft.8	12.5 ft./ 50 ft.8	10 ft./ 50 ft.8	50 ft.
R1A6,7	.50	10,000 s.f.	90 ft.	20 ft.9	5 ft.	12.5 ft.	10 ft.	30 ft.
R1B6,7	.50	8,000 s.f.	80 ft.	20 ft.9	5 ft.	12.5 ft.	10 ft.	30 ft.
R1C6,7	.50	Single-family dwelling: 6,500 s.f.	65 ft.	20 ft.9	5 ft.	12.5 ft.	10 ft.	30 ft.
R26,7,10	.50	Single-family dwelling: 5,500 s.f.	55 ft.	20 ft.9	5 ft.	12.5 ft.	10 ft.	30 ft.
-	-	Duplex: 6,500 s.f.; 4,000 s.f. for each additional dwelling unit	70 ft.	-	-	-	-	-
R37,10	.60	5,000 s.f.11	65 ft.	20 ft.9	5 ft. for one-story buildings; and 10 ft. for two and three-story buildings	12.5 ft.	10 ft.	50 ft.
R4	Subject to design review	n/a	n/a	Subject to design review

B. Footnotes. The following special development standards shall apply to applicable zoning districts listed in Table 18.16-2 (numbers correspond to footnote numbers in the table):

1. Subject to Community Development Director approval, structures/facilities on private property can have a setback exception for purposes of facilitating transit and similar purposes (i.e., a private shade shelter bus stop at a senior apartment complex adjacent to the street).

2. Street frontage in the case of a lot fronting on a curving street or around a curving portion of a cul-de-sac street shall be the distance between the side lot lines measured along the chord at the front setback line. Where a lot has a public street frontage or width of less than sixty-five (65) feet and was so described on the tax rolls of the City on or before July 1, 1975, such lot may be occupied by one (1) single-family dwelling if all yard setback requirements are complied with and if public water supply and public sewerage facilities are in use.

3. The front yard setback of an infill lot within a developed block may be reduced from the minimum requirements set forth in Table 18.16-2; provided, that the proposed setback is equal to the average of forty percent (40%) of the developed lots along the frontage of the block.

4. Where a carport or a garage for vehicles opens into a street side yard, the minimum street side yard setback shall be twenty (20) feet.

5. The following types of structures may be erected to a height greater than the limits established for the zoning district in which such structures are located.

a. Church spires, tanks, silos, radio towers, and similar structures and mechanical appurtenances exceeding seventy-five (75) feet may be erected with design review approval by the Planning Commission (see Chapter 18.68).

b. Public and semi-public buildings, hospitals, and other institutional buildings may be erected to a height not to exceed seventy-five (75) feet, provided all yard setbacks shall be increased one (1) foot for each two (2) feet of building height above the height specified for the zoning district in Table 18.16-2.

6. All new single-family dwellings shall be constructed with a minimum of two (2) paved parking spaces within an attached or detached garage for each dwelling unit (twenty (20) feet by twenty (20) feet minimum inside clear dimensions, with a minimum door opening of sixteen (16) feet). The driveway accessing the garage shall be paved (see Chapter 18.48) and a minimum of sixteen (16) feet wide. Exemptions may be granted for irregular lots, garages located in the rear of infill lots, and for senior housing.

7. Refer to Section 18.52.040 for landscaping requirements for single-family residences.

8. Minimum fifty (50) foot setback from any property line for placement of buildings housing animals, except for hen chickens, including but not limited to barns, stables and chattels.

9. Porches and side-entry garages (with driveway at least twenty (20) feet in length) may project into the required front yard setback by up to five (5) feet in the R1A, R1B, R1C, R2, and R3 zones.

10. Refer to Section 18.52.040 for landscaping requirements for multifamily residential development.

11. If an existing infill R3 lot is too small to accommodate the required development and the lot existed prior to July 1, 1975, then the maximum number of units that will fit on the site is allowed.

C. Different standards may apply to construction of accessory dwelling units or junior accessory dwelling units. Refer to Section 18.16.080 for more particulars.

(Ord. 2022-09, Amended, 12/06/2022; Ord. 2016-08, Amended, 09/06/2016; Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.16.055 Recommended residential design standards.

A. Purpose of Chapter. The design character of Galt’s residential neighborhoods is as diverse as the different time periods during which they were developed. The recommended residential design standards provided here are intended to assist project designers and property owners in understanding and implementing the City’s goals for attaining high quality residential development. They are also intended to help preserve the traditional character of the City’s older neighborhoods.

These design standards are intended to encourage well designed residential neighborhoods that people enjoy living in, which reduce the visual dominance of the automobile; promote pedestrian activity; create variety and interest in the appearance of residential streets; provide community open space; and protect significant features of the natural environment.

B. Applicability. These design standards apply to the design of new residential subdivisions and to multifamily and clustered residential projects. Guidelines are also provided for vacant infill parcels and single-family homes that are proposed as replacement structures within established neighborhoods.

C. Subdivision Design and General Residential Project Principles. The following design standards apply to new residential subdivisions, and address how new residential subdivisions should relate to their surroundings:

1. Develop “Neighborhoods.” Each new residential project should be designed to integrate with the surrounding neighborhood to ensure that it maintains the established character. Subdivisions in city expansion areas should be designed so that individual, separately developed projects work together to create distinct neighborhoods, instead of disjointed or isolated enclaves.

2. Integrate Open Space. New subdivisions adjacent to planned or existing parks or other public open spaces (e.g., creeks, riparian areas), or the landscaped grounds of schools or other public facilities should maximize visibility and pedestrian access to these areas. Where these facilities are not already planned, the subdivision should be designed to provide usable public open spaces in the form of parks, linear bicycle and pedestrian trails, squares, and greens, as appropriate.

3. Edges. “Gated communities,” and other residential developments designed to appear as continuous walled-off areas, disconnected and isolated from the rest of the community, are strongly discouraged. While walls and fences may be useful for security, sound attenuation and privacy, these objectives can often be met by creative design that controls the height and length of walls, develops breaks and variations in relief, and uses landscaping for screening.

4. Scale. New residential subdivisions, and groups of subdivisions that, in effect, collectively create a new neighborhood, should be designed to provide a “walkable” scale that places all homes within one-quarter (1/4) mile of neighborhood shopping opportunities, a neighborhood park, or a public facility that can serve as a “center” for the neighborhood. Ideally, each neighborhood should have a center that includes all three (3) facilities.

5. Site Planning. Residential subdivision and multifamily project site planning should emphasize the needs of pedestrians and cyclists rather than cars.

a. Street Layout. New public streets and sidewalks should be aligned with, and be connected to those of adjacent developments to interconnect the community.

i. Pedestrian Orientation. Subdivision design should emphasize pedestrian connectivity within each project, to adjacent neighborhoods, nearby schools and parks, and to transit stops within one-quarter (1/4) mile of planned residential areas. All streets and walkways should be designed to provide safe and pleasant conditions for pedestrians, including the disabled, and cyclists.

ii. Block Length. The length of block faces between intersecting streets should be as short as possible, ideally no more than four hundred (400) feet, to provide pedestrian connectivity.

iii. Street Width and Design Speed. Streets within neighborhoods should be no wider than needed to accommodate parking and two (2) low-speed travel lanes. Streets in new subdivisions should be designed to accommodate traffic speeds of twenty-five (25) miles per hour or less, with most streets in a subdivision designed for lower speeds.

iv. Parkway/Planting Strips. Sidewalks should be separated from curbs by parkway strips of at least five (5) feet in width. The parkways should be planted with canopy trees at a twenty (20) foot interval, or as appropriate to the species of the selected street tree, to produce a continuously shaded sidewalk. The parkways should also be planted with ground covers and other plant materials that will withstand pedestrian traffic.

v. Access to Open Areas. Single-loaded streets (those with residential development on one (1) side and open space on the other) should be used to provide public access to, and visibility of natural open spaces, public parks, and neighborhood schools, as well as a means for buffering homes from parks and schools.

Where single-loaded streets are not feasible or desirable, other methods that provide similar access and visibility may be used, including private streets, bike and pedestrian paths, or the placement of private common open space or recreation facilities adjacent to the public open space.

vi. Cul-de-Sac Streets. The use of cul-de-sac streets should be avoided wherever possible. If cul-de-sacs are necessary, the end of each cul-de-sac should provide a pedestrian walkway and bikeway between private parcels to link with an adjacent cul-de-sac, street, and/or park, school, or open space area.

vii. Alleys. Alleys may be provided for garage access, otherwise individual lots should be wide enough to accommodate a side yard driveway to a detached garage at the rear of the lot, so that appearance of the street frontage is not dominated by garages and pavement.

b. Open Space and Natural Features. Providing open space and integrating natural features into a residential project can significantly increase the appreciation of residents in their neighborhoods, provide safe places for children and families to play, and maintain a strong sense of connection with the surrounding natural environment in the city as a whole.

i. Natural amenities (such as views, mature trees, creeks, riparian corridors, and similar features) should be preserved and incorporated into proposed development to the greatest extent feasible.

ii. Development adjacent to parks or other public open spaces should be designed to provide maximum visibility of these areas.

6. Exterior Finish Materials. Exterior finish materials should be durable and require low maintenance. The use of combined materials (such as stucco and wood siding) can provide visual interest and texture; however, all sides of each single-family dwelling or multifamily structure should employ the same materials, design details, and window treatment. Each residential structure should have a carefully designed and detailed facade facing the street, and should not use bland, featureless stucco or other simple materials on the other exterior building walls. Each residential structure should look like the same building from all sides.

7. Windows. Where one (1) or more windows are proposed ten (10) feet or less from a side lot line, or within ten (10) feet of another dwelling, the windows should be located and/or screened to provide privacy for the residents of both structures. In some cases, glass block or translucent glass may be appropriate to provide light, but also provide privacy between buildings.

8. Garages and Carports. Accommodating vehicle storage in both single-family dwellings and multifamily projects should avoid the common problem of creating streets that appear garage and driveway dominated.

a. In the limited instances where an exception is granted for a setback to a garage of less than twenty (20) feet from a property line or internal driveway, the garage shall be equipped with a roll-up door. This requirement is intended to discourage vehicles from parking in front of garages and blocking the adjacent driveway or sidewalk.

b. Where carports are provided, they may be bordered by patio walls, or used to define public and private open space, but should not be located adjacent to perimeter streets. Each carport end should be screened by a low wall, berm, and/or landscaping.

c. Where multiple garages are located together, landscaped tree wells should be placed between every two (2) garage doors. Each tree well should be a minimum of twenty-five (25) square feet.

d. Carports and detached garages should be designed as an integral part of a project. Their materials, color, and details should be the same as the principal structures. Carports may have flat roofs but should not project above the exterior walls of any buildings adjacent to streets. Prefabricated metal or canvas tent-like carports are not acceptable. Where garages are utilized, doors should appear set into walls rather than flush with the exterior wall.

e. The use of quality materials, windows, and features with horizontal and vertical relief are encouraged to add interest and character to the design of garage doors and to coordinate their design with the architecture of the primary residence.

D. Infill Development. The following guidelines apply to “infill development.” That is, multifamily structures or individual houses that entirely replace existing units or are constructed on vacant parcels between existing units. The guidelines are intended to provide for infill projects of high architectural quality that are compatible with existing development. They are also intended to promote the conservation and reuse of existing older houses, and to preserve the historical character of the City’s older neighborhoods. Preservation and rehabilitation efforts in the older neighborhoods should protect the architectural features of a home that identify its individual style and contribute to the character of the area:

1. General Principles. Infill residential development should:

a. Be compatible in scale, siting, detailing, and overall character with adjacent buildings and those in the immediate neighborhood. This is crucial when a new or remodeled house is proposed to be larger than others in the neighborhood. When new homes are developed adjacent to older ones, the height and bulk of the new construction can have a negative impact on adjacent, smaller scale buildings.

b. Continue existing neighborhood patterns. For example, patterns such as front porches and entries facing the street, finished floor height, and garages located at the rear of lots.

2. Building Design. An infill residential structure should incorporate the traditional architectural characteristics of existing houses in the neighborhood, including window and door spacing, exterior materials, roof style and pitch, ornamentation and other details.

3. Visual Impacts From Building Height. The height of infill projects should be consistent with surrounding residential structures. Where greater height is desired, an infill structure should set back upper floors from the edge of the first story to reduce impacts on adjacent smaller homes, and to protect solar access.

Figure – Appropriate Infill Building Massing

4. Outdoor Living Areas. The use of balconies, verandas, porches, and courtyards within the building form of infill structures is strongly encouraged.

5. Exterior Finish Materials. The thoughtful selection of building materials can enhance desired neighborhood qualities such as compatibility, continuity, and harmony. The design of infill residential structures should incorporate an appropriate mixture of the predominant materials found in the neighborhood. Common materials in Galt are smooth, troweled, or sand-finished stucco, wood, horizontal clapboard siding, brick, and stone.

6. Exterior Colors. Color schemes for infill residential structures should consider the colors of existing houses in the neighborhood, to maintain compatibility.

E. Single-Family Housing Design (Including Additions/Renovations).

1. Houses in New Subdivisions. The site planning of lots and the design of houses constructed in new subdivisions should help create neighborhoods that are oriented more toward pedestrians than automobiles. Subdivisions of new homes should comply with the following guidelines:

a. Subdivisions should provide variety in the architectural detailing, size, and massing of houses on each block.

b. Houses should be located no further from the street than the minimum setback allowed by the applicable zoning district, except to provide variations in the alignment of houses along a block.

c. All houses should have their primary entrance facing and clearly visible from the street, with a front porch or verandah encouraged to provide a transition between the public space of the streetscape and the indoor private space of the house.

d. When viewed from the street, a garage should be visually subordinate to the living space within the house that addresses the street. Ideally, a garage should be detached from the house, located at the rear of the lot, and accessed by an alley, or a shared driveway from the street fronting the lot. Where this arrangement is not appropriate, the front of an attached garage should be set back from the front of the house (at least fifteen (15) feet is recommended where the lot area permits).

2. Infill Development. New single-family homes proposed on infill lots should comply with the guidelines for infill residential development in subsection D of this section (Infill Development).

3. Additions and Alterations in Older Neighborhoods. The following guidelines apply to additions and the rehabilitation, remodeling, or alteration of existing single-family houses in Galt’s older neighborhoods. While these guidelines apply to all houses, those that are designated as cultural resources may be subject to more strict standards.

a. Additions. Additions to residential structures built before 1950 should respect the architectural style, detailing, scale, and composition of the original building so that they look integrated with the original structure, rather than a tacked-on afterthought. Modifications (e.g., additions, seismic strengthening, replacement of windows or siding material, and new entrances) should not compromise the integrity of historically authentic features, materials, or finishes. Additions should also be designed with consideration for the design and massing of adjacent residences, to promote neighborhood compatibility.

Figure – Additions to Existing Homes

i. Roof Changes. The roof features of a residential structure, especially its style, materials and pitch, are important architectural elements that must be considered when planning an addition. The roof style, pitch and materials on the addition should match the original.

ii. Additional Floors. Adding a story to an existing house will change the building proportions and should be carefully designed to follow similar multi-story examples of the particular architectural style found in the neighborhood. In some cases, integrating the new story addition may require that it be set back or “stepped” back from the front facade so that it is less noticeable from the street.

b. Alterations and Remodeling. The rehabilitation of older buildings should aim to retain and restore their original elements. If damage or deterioration is too severe, the element should be recreated using original materials to match the design, color, texture and any other important design features.

Figure – Remodeling Features

When replacement is necessary and materials similar to or consistent with original materials cannot be obtained, substitute materials should incorporate design, colors and textures that convey the traditional appearance of the original material.

c. Exterior Materials. Original exterior building materials should be retained whenever possible. Mismatched materials of different sizes, shapes, textures, or finishes should be avoided.

i. Wood Siding. Residential buildings with original wood clapboard siding should not be stuccoed in an attempt to “modernize” their appearance.

ii. Brick Surfaces. Brick surfaces should not be sandblasted to remove old paint, nor should they be covered with stucco or other siding materials. Sandblasting will damage the natural fired surface of the brick and cause it to lose its water repellent qualities. Paint should be removed by chemical stripping. Brick that was not intended to be painted as part of a building’s original design should not be painted over.

d. Windows. Most older residential structures have wood-framed windows that are either fixed, double hung, or casement. Window replacements or additions should also use the original type of window. It is strongly recommended that aluminum frame windows not be used as replacements in any residential structure unless they were part of the original design.

Figure – Window Types and Treatments

e. Doors. Many of Galt’s older homes have solid wood doors consistent with the particular architectural style of the building. The front door is typically the most ornate, with secondary doors usually more utilitarian in appearance. The size, shape and style of doors is an important feature of all historical architectural styles, and the original type and design should continue to be used.

Figure – Door Features

If the original door is missing, an appropriate design should be selected through the study of the doors of similar residential structures in the neighborhood, or by consulting books on architectural styles. Some older-style panel doors can be obtained from material suppliers, and may closely match original doors.

f. Porches and Stairs. During rehabilitation efforts, the design integrity of the front porch should be maintained. The installation of wrought iron or aluminum railings should be avoided, as a change in the structural or decorative elements of the front porch will usually compromise the architectural integrity of the entire building. Restoring an older building’s architectural integrity may require “undoing” previous porch alterations.

Figure – Appropriate Porch Stairway Designs

Figure – Inappropriate Porch Stairway Designs

g. Ornamentation and Trim. The authentic decoration and trim of a residential structure lends character and identifies the building with a particular architectural style. Care should be taken in handling these materials during renovation because they are critical components.

h. Roofs. Care should be taken to ensure that roofing materials are compatible with the original style of the structure.

F. Multifamily and Clustered Housing Design. Multifamily and clustered housing projects are generally more dense than single-family developments, and tend to generate larger parking areas and provide less private open space. If not properly designed, parking can dominate a site, and open space may only be provided as “left over” areas, unrelated to other project features, not usable for outdoor activities, and that expose residents to uncomfortable noise levels. Multifamily projects surrounded by high walls, parking lots and/or rows of carports along streets are inappropriate in Galt and should be avoided. These guidelines address higher density developments through appropriate guidelines for site planning, parking and circulation layout, building design, and landscaping.

1. Site Planning. Site planning for a multifamily or clustered housing project should create a pleasant, comfortable, safe, and distinct place for residents, without the project “turning its back” on the surrounding neighborhood.

a. The placement of new units should consider the existing character of the surrounding residential area. New development should respect the privacy of adjacent residential uses through appropriate building orientation and structure height, so that windows do not overlook and impair the privacy of the indoor or outdoor living space of adjacent units.

b. Multifamily units should be clustered. A project of more than ten (10) units outside the downtown zones should separate the units into structures of six (6) or fewer units.

Figure – Clustered Multifamily Units

c. Multifamily structures should be set back from adjacent public streets consistent with the prevailing setback pattern of the immediate neighborhood.

d. Multifamily projects with densities less than thirty (30) units per acre should be comprised of “walk-up” rather than “stacked” units, with each unit adjacent to a street having its primary pedestrian entrance from the street sidewalk. Higher density projects should be designed either with ground floor units having individual sidewalk entrances, or as courtyard projects with at least one (1) significant pedestrian entrance from the street sidewalk. Where individual units have access to the street sidewalk, private “front yard” outdoor space may be differentiated from the public right-of-way by a porch, or small yard enclosed by a low fence.

Figure – Most Ground Floor Units Should Have Entrances Facing the Street

e. Residential units and activity areas not adjacent to a street should be accessible via pedestrian walkways and bikeways separate from vehicle parking areas and driveways.

Figure – Walkways Separate From Vehicle Access

2. Parking and Driveways. Individual closeable garages are the preferred method for providing parking for residents in multifamily projects. If garages within the residential structures are not provided, dispersed parking courts are acceptable.

a. Long, monotonous parking drives and large, undivided parking lots are discouraged.

b. The main vehicle access into a multifamily site should be through an attractive entry drive. Colored and textured paving treatment is encouraged outside of the public street right-of-way, and within the project.

c. Parking areas should be visible from the residential units to the extent possible.

d. Safe and protected bicycle parking should be located convenient to each dwelling unit.

e. Parking courts, with or without carports, should not consist of more than two double-loaded parking aisles (bays) adjacent to each other. The length of a parking court should not exceed the width of eight adjoining stalls.

f. Parking courts should be separated from each other by buildings within the project or by landscape or natural open space areas at least thirty (30) feet wide.

g. Large-scale multifamily projects (i.e., more than twenty (20) units) with internal streets should have the streets designed as if they were pleasant public streets, with comprehensive streetscapes including sidewalks, and planting strips between curb and sidewalk with canopy trees.

h. Private storage cabinets shall be provided in all carports.

3. Multifamily Project Architecture. The exterior design of multifamily projects should be derived from architectural styles in the surrounding neighborhood. Often, these types of projects are adjacent to single-family neighborhoods, and care in design should ensure that the height and bulk of the higher density projects do not impact adjacent lower density residential areas.

a. Facade and Roof Articulation. A structure with three (3) or more attached units should incorporate significant wall and roof articulation to reduce apparent scale. Changes in wall planes and roof heights, and the inclusion of elements such as balconies, porches, arcades, dormers, and cross gables can avoid the barracks-like quality of long flat walls and roofs. Secondary hipped or gabled roofs covering the entire mass of a building are preferable to mansard roofs or segments of pitched roof applied at the structure’s edge. Structures (including garages and carports) exceeding one hundred fifty feet in length are discouraged.

b. Scale. Because multifamily projects are usually taller than one (1) story, their bulk can impose on surrounding uses. The larger scale of these projects should be considered within the context of their surroundings. Structures with greater height may require additional setbacks at the ground floor level and/or upper levels (stepped-down) along the street frontage so they do not shade adjacent properties or visually dominate the neighborhood. Large projects should be broken up into groups of structures, and large single structures should be avoided.

c. Balconies, Porches, and Patios. The use of balconies, porches, and patios as part of multifamily structures is encouraged for both practical and aesthetic value. These elements should be used to break up large wall masses, offset floor setbacks, and add human scale to structures. Multifamily units with individual access to the street sidewalk should have individual covered porches.

Figure – Scale

d. Dwelling Unit Access. The use of balconies and corridors to provide access to five (5) or more units should be avoided. Access points to units should instead be clustered in groups of four (4) or less. To the extent possible, main entrances to individual units should be from adjoining streets. Distinctive architectural elements and materials should be used to highlight primary entrances.

e. Exterior Stairways. Stairways providing access to the upper levels of multifamily structures should be located mostly within the buildings themselves. Where exterior stairways are necessary, they should provide residents and visitors protection from weather, and should be of stucco, plaster or wood, with accent trim to match the main structure. Thin-looking, open metal, prefabricated stairs that are not integrated with the design of the structure are discouraged.

f. Accessory Structures. Accessory structures should be designed as an integral part of a project. Their materials, color, and details should be the same as the principal structures on the site. (Ord. 2022-04, Added, 10/04/2022)

18.16.060 Development standards for accessory structures and equipment in residential zoning districts.

A. These development standards pertain to all property located in the RA, RE, R1A, R1B, R1C, R2, and R3 zones, properties designated for residential use in the downtown zones, and within the residential land use districts of the Northeast Area Specific Plan (NEASP).

Table 18.16-3 provides setbacks and height limitations for detached accessory structures located on the same parcel as a primary or secondary residential unit. An accessory building or structure that is attached to a primary residence or approved secondary residential unit shall comply with the requirements of this code applicable to the main structure (Table 18.16-2), including setbacks, height, and lot coverage. The ordinary projections of chimneys, sills, eaves, and similar architectural features of nonhabitable space attached to a building may extend up to two (2) feet into a required yard setback. Porches may extend up to five (5) feet into a required front yard setback. A minimum unobstructed pathway of three (3) feet is required from any structure to a property line and/or another structure, from the lowest point to the sky unobstructed.

The floor area of detached accessory buildings shall be included in the calculation for the lot coverage of the entire site.

Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the Community Development Director.

Table 18.16-3

Allowed Setbacks and Max. Height Requirements for Detached Accessory Buildings, Structures, Equipment, and Uses in Residential Zones
Type of Detached Accessory Structure1	Type of Setback	Allowed Minimum Setbacks
Under 120 square feet and 8 feet in height and not used for human habitation	Front	20 feet
	Side	5 feet
	Street Side	12.5 feet
	Rear	5 feet
120 square feet or more and up to height of primary structure	Front	20 feet
	Side	5 feet
	Street Side	12.5 feet (20 feet if a garage or carport)
	Rear	10 feet
Air conditioning equipment, pool and spa equipment	Front	Same as main structure
	Side	5 feet2
	Street Side	Same as main structure
	Rear	5 feet2
Flagpoles - (limited to 1 per parcel, maximum height is 20 feet from grade)	Front	5 feet
	Side	5 feet
	Street Side	12.5 feet
	Rear	5 feet
Stationary barbecue, stationary fire place, stationary bar, fire pit, and similar structures3 Stationary fireplace chimneys exceeding 6 feet in height but not higher than 10 feet must comply with setbacks for main structure, Table 18.16-2	Front	20 feet
	Side	5 feet
	Street Side	12.5 feet
	Rear	5 feet
	Maximum Height	6 feet
Other accessory structures and landscape features (excluding buildings) including gazebo, arbor, patio cover, shade shelters (attached or detached and permanent or temporary), outdoor play equipment, and recreational courts4 (Does not include cargo containers or portable storage containers)	Front	Same as main structure
	Side	3 feet4
	Street Side	Same as main structure
	Rear	3 feet4
	Maximum Height	12 feet
Water structures, including above-ground or in-ground swimming pool, pool slides, spa, pond, waterfall or water features. (Water structures may not exceed 6 feet in height. Pool slides that exceed 6 feet in height but no higher than 10 feet must comply with setbacks for main structure, Table 18.16-2)	Front	Same as main structure
	Side	4 feet
	Street Side	12.5 feet
	Rear	4 feet

B. Footnotes. The following special development standards shall apply to applicable accessory structures listed in Table 18.16-3 (numbers correspond to footnote numbers in the table):

1. Some detached accessory structures may require engineering and/or be subject to additional fire and building code requirements and permits. A building permit is not required for a detached accessory building or structure(s) that does not exceed one hundred twenty (120) square feet of floor area, cumulative of all such structures, and meets minimum setback requirements and maximum height requirements noted above.

2. Provided equipment is not visible from the public street and is separated from the property line by a six (6) foot solid fence; otherwise the setback is ten (10) feet.

3. Wood burning structures must meet fire and building code regulations and those of the Sacramento Metropolitan Air Quality Management District (SMAQMD). Natural gas or wood burning appliances require a building permit and must comply with setbacks for main structure, Table 18.16-2.

4. A minimum six (6) foot separation with a minimum three (3) foot clear opening to the sky shall be provided between accessory structures and the primary structure, and between accessory structures on the same lot, with the following exceptions:

a. Shade shelters shall maintain a three (3) foot minimum setback from any other structure or building.

b. Pools, spas, ponds, and other water features that are at or below grade.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.16.070 Miscellaneous uses - hen chickens.

A. The keeping of four (4) or fewer hen chickens on a parcel improved with a detached single-family dwelling is allowed, subject to the provisions of other laws and ordinances, and the following conditions:

1. All hen chickens shall be confined in a pen, coop, cage, run, fenced yard or other enclosure. All hen chickens shall be kept within an enclosure that is set back at least ten (10) feet from side and rear property lines. The maximum height of the enclosure is eight (8) feet, and the enclosure shall not be visible from a public street.

2. Enclosures must be well-maintained and clean. Feces and feathers must be removed every twenty-four (24) hours and shall be stored in an air tight container prior to disposal.

3. Hen chickens must be provided with adequate food, water, ventilation and living space at all times.

4. Feed must be stored in a manner that prevents spoilage and access by other animals, including rodents.

5. The slaughtering of chickens is not permitted, except in the OS or RA zoning districts with a use permit.

6. No hen chickens shall be kept in the front yard on any improved lot.

7. Roosters are not permitted on any parcel of property located in the city, except in the OS or RA zoning districts with a use permit.

B. Unless otherwise provided in this title, the keeping of hen chickens on any parcel, other than as described in subsection A of this section, including but not limited to parcels with multifamily dwellings or duplexes, is prohibited.

(Ord. 2016-08, Added, 09/06/2016)

18.16.080 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 (1) 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 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 five hundred (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 (1) 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 (2) 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 (1) ADU as described in this subsection (D)(1)(a) and one (1) 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 one hundred fifty (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 must comply with all requirements of Government Code Section 65852.22.

b. Limited Detached on Single-Family Lot. One (1) 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 (4) feet.

ii. The total floor area is eight hundred (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 (1) 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 (1) converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five percent (25%) of the existing multifamily dwelling units.

d. Limited Detached on Multifamily Lot. No more than two (2) 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 (4) feet. If the existing multifamily dwelling has a rear or side yard setback of less than four (4) 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 Director of Community Development 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 sixty (60) days from the date that the City receives a completed application. If the City has not approved the completed application within sixty (60) days, the application is deemed approved, unless either:

i. The applicant requests a delay, in which case the sixty (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 sixty (60) 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 sixteen (16) feet in height.

b. A detached ADU may be up to eighteen (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 (1/2) 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 (2) additional feet in height (for a maximum of twenty (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 (1) story above grade may not exceed eighteen (18) feet in height.

d. An ADU that is attached to the primary dwelling may not exceed twenty-five (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 (2) 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 thirty (30) days. All rentals must be for a term longer than thirty (30) days.

5. No Separate Conveyance. An ADU or JADU may be rented in accordance with subsection (E)(4) of this section 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 (5) years or, if the percolation test has been recertified, within the last ten (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 Community Development Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

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

9. Building and Safety.

a. Must Comply with Building Code. Subject to subsection (E)(9)(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)(9)(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 eight hundred fifty (850) square feet for a studio or one (1) bedroom unit and one thousand (1,000) square feet for a unit with two (2) or more bedrooms.

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

c. Application of other development standards in this subsection F, such as FAR or 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 an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than eight hundred (800) square feet.

2. Floor Area Ratio (FAR). No ADU subject to this subsection F may cause the total FAR of the lot to exceed forty-five percent (45%), subject to subsection (F)(1)(c) of this section.

3. Setbacks.

a. An ADU that is subject to this subsection F must conform to a twenty (20) foot front-yard setback.

b. An ADU that is subject to this subsection F must conform to four (4) foot side- and rear-yard setbacks.

c. 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.

4. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed fifty percent (50%), subject to subsection (F)(1)(c) of this section.

5. Minimum Open Space. No ADU subject to this subsection F may cause the total percentage of open space of the lot to fall below fifty percent (50%), subject to subsection (F)(1)(c) of this section.

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

7. Parking.

a. Generally. One (1) 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)(7)(a) of this section is required in the following situations:

i. The ADU is located within one-half (1/2) 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 (1) 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)(7)(b)(i) through (F)(7)(b)(v) of this section.

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

8. 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 ten (10) feet wide in every direction, with a minimum interior wall height of seven (7) 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 less than thirty (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 (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

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

a. At least one (1) fifteen (15) gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) twenty-four-inch (24") box size plant shall be provided for every ten (10) linear feet of exterior wall.

b. Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.

c. All landscaping must be drought-tolerant.

d. All landscaping must be from the City’s approved plant list.

10. Historical Protections. An ADU that is on or within six hundred (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 seven hundred fifty (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 seven hundred (750) square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (i.e., 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 the other provisions of this title.

(Ord. 2022-09, Added, 12/06/2022)