Chapter 17.28 PERFORMANCE STANDARDS

Chapter 17.28
PERFORMANCE STANDARDS

Sections:

Performance standards regulate the design and use of buildings or parcels of land, in order to minimize public hazards and to prevent the creation of nuisances and other conditions which are potentially harmful or detrimental to the users of the property or surrounding area. The purpose of the performance standards shall be to protect and improve the living and working environment, the appearance of the community, reduce or eliminate nuisance conditions, and to minimize the impacts of certain land uses on adjacent properties.

Performance standards shall apply to the use of land or buildings and to all new construction, renovation, and alteration of existing uses or structures in all zoning districts. No building or land shall be used or constructed if it creates a fire or explosion hazard; noise or vibrations; smoke, dust, odor, or other air pollution; electrical disturbance; glare; heat; or liquid or solid waste amount or degrees that adversely affect users of the property or surrounding areas.

In addition to the development standards contained in other sections of the zoning ordinance, the following performance standards shall be complied with. Whenever the performance and development standards are in conflict, the more stringent standards shall apply.

A. Noise. Certain noise levels are detrimental to the health and safety of individuals. Excessive noise is considered a public nuisance and is discouraged by the city. In no case shall noise or sound emissions, for any use occurring on any property, exceed the equivalent sound pressure levels and decibels (the A-weighted scale) for any fifteen-minute period in any one-hour period as stipulated in the following:

Maximum 15-minute within any one-hour equivalent sound pressure levels (A-weighted - dBA)

Time of Day	Receiving Property Zoning District
	*Residential	Commercial	Industrial
7 a.m. - 10 p.m.	60	70	75
10 p.m. - 7 a.m.	45	55	60

*NOTE: The residential category includes all single-family and multifamily zoning districts.

These maximums are applicable at any point beyond the property lines of the property containing or generating the noise.

1. Noise of Short Duration. Some noise may be of a short duration or an impulsive character such as hammering, screeching, motor noise, barking dogs, power boats, home power tools, etc. The median octave band sound pressure levels, as indicated in the following table, shall not be exceeded beyond the property line of origin when the receiving property is zoned residential or is occupied by a dwelling, hospital, school, library, or nursing home.

Octave Band Center
Frequency, Hz	7:00 a.m.--10:00 p.m.	10:00 a.m.--7:00 a.m.
31.5	68	65
63	65	62
125	61	56
250	55	50
500	52	46
1,000	49	43
2,000	46	40
4,000	43	37
8,000	40	34

2. New Development. In the review of new land use and development proposals, the city shall require the following:

a. A standard of forty-five dB for indoor noise in all new residential development including hotels and motels.

b. The preparation (if necessary) of noise studies and noise attenuation features as a condition of approval for new projects.

c. Post-construction testing for residential and office projects that are proposed in areas that have an existing Ldn of sixty-five dB.

B. Light and Glare. To ensure that development within the community does not unnecessarily create light and glare nuisances, the following performance standards shall be observed:

1. Shielding and Downlighting. Lighting used in the community must be shielded, boxed, or directed at a downward angle so as to minimize the generation of light and glare and to assure that there is no spill over of light and glare that will impact drivers or pedestrians on the public streets, on site activities, and adjoining or nearby properties. No activity shall be permitted which causes excessive light and glare to be transmitted or reflected to surrounding properties at a level resulting in detrimental impacts to the community.

2. Candle Power. The candle power of all lights shall be the minimum needed to accomplish the purpose of the light.

3. Flashing Lights. Light sources shall generally not be permitted in landscaped, buffer, or setback areas except for those illuminating pedestrian walkways. Lighting used to illuminate parking areas of commercial uses shall be designed, located, and installed to be shielded and downlit and to reflect away from any nearby residential or open space zoning districts. Lighting for advertising signs shall not create glare or light which extends to surrounding properties.

C. Radioactivity or Electrical Disturbances. No activities shall be permitted which emit dangerous radioactivity at any point nor shall electrical disturbances which adversely affect the operation of any equipment, other than that of the creator of such disturbances, be allowed.

D. Odors, Smoke, Fumes, Dust, Particulate Matter. No emission shall be permitted at any point which would violate the current regulation for such emission as established by the Lake County Air Quality Management District. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four volumes of clean air at the lot line. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.

During grading, earthwork, and/or building construction activities, adequate dust suppression methods shall be utilized. Such methods include frequent watering and the use of dust palliatives. All soil materials that are being transported on or off the project site shall be covered, and all materials deposited within a public right-of-way shall be removed immediately.

E. Liquid or Solid Waste. No discharge shall be permitted at any point into any public sewer, private sewage system, stream, or into the ground, except in accord with standards approved by the state and county departments of health and local ordinances, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements. There shall be no accumulation outdoors of solid wastes unless stored in closed containers. Commercial-type dumpsters shall not be used for typical trash storage activities in single-family residential areas.

F. Fire and Explosion Hazards. All activities involving, and all storage of, flammable and/or explosive materials shall be provided with adequate safety devices against the hazard of fire and/or explosion and adequate fire fighting and fire suppression equipment and devices standard in the industry as required by the currently adopted California Building Standards Code as referenced in Section 15.04.010.

G. Heat. For the purpose of this title "heat" is defined as thermal energy of a radioactive, conductive, or convective nature. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of ten degrees Fahrenheit, whether such change be in the air or on the ground, in a natural stream or lake, or in any structure on such adjacent property.

H. Public Utility Facilities. Public utility distribution and transportation lines, towers and poles, and underground facilities for the distribution of gas, water, communication, and electrical facilities shall be allowed in all zoning districts except for the CBD district. All proposed routes for these transmission lines shall be submitted to the city planning commission for review and recommendation to the city council for their approval. Such approval shall be made prior to the acquisition of necessary right-of-way or easements. This provision does not apply to wireless communication facilities subject to the regulations outlined in Chapter 17.41.

I. Undergrounding of Utilities. All electric and communication facilities that are intended to serve new buildings or structures constructed in all zoning districts shall be placed underground on the premises to be served except for appurtenant facilities such as surface mounted transformers, pedestal mounted terminal boxes, meter cabinets, and concealed ducts. New or relocated off-site utilities serving new development areas such as shopping centers, subdivisions, industrial parks, multifamily residences, or similar projects shall be installed underground. Undergrounding of utilities may be waived by staff or the planning commission when there is a finding made that there are unique or unusual circumstances existing which preclude the underground installation.

J. Location Restrictions for RVs, Campers, and Trailers. Recreational vehicles, campers, or trailers shall only be used for human habitation or occupied for living or sleeping quarters when installed in an approved development. Recreational vehicles, campers, and trailers may be occupied on individual residential lots within the city on a temporary basis by visiting friends, relatives, or in similar situations for not more than thirty days in a calendar year.

K. Fire Protection Fee-Building Height. Buildings in any district shall not be more than forty feet in height unless a use permit is secured. As a condition of the use permit, the planning commission shall require the payment of a special fire protection fee equivalent to one dollar for each square foot of gross floor area above thirty-five feet allowed by the use permit. Any building in any zoning district less than forty feet in height and containing more than two stories shall pay the special fire protection fee equivalent to one dollar for each square foot of gross floor area for all stories above two.

L. Special Height Restrictions. Chimneys, silos, flag poles, monuments, radio towers, water tanks, church steeples, and similar structures or mechanical appurtenances may exceed the thirty-five-foot height limit within the city upon approval of a use permit. This provision does not apply to wireless communication facilities subject to the regulations outlined in Chapter 17.41.

M. Projection of Eaves and Canopies. Architectural features on primary buildings such as cornices, eaves, or canopies may not extend closer than three feet to any side lot line. Eaves and canopies may extend a maximum of three feet into the required front or rear yard area. Architectural features in commercial zoning districts may extend beyond the property line assuming that requirements comply with the currently adopted California Building Standards Code as referenced in Section 15.04.010.

N. Projection of Porches, Landings, and Stairways. Open uncovered raised porches, landing places, or outside stairways may project to within four feet of any side lot line and to within six feet of any rear lot line.

O. Fences and Walls/Residential Areas. Fences and walls constructed in all residential zoning districts shall be subject to the following:

1. Fences or walls up to six feet in height are permitted along the interior side lot line(s) to the front setback line, along the interior rear lot line, along the front yard setback line, and along the side yard street setback line.

2. Fences or walls up to three feet in height are permitted along the front lot line--within the front yard setback area, and along the street side lot line--within the street side yard setback area. Fences or walls over three feet in height, but not exceeding six feet in height, may be allowed along the front or street side lot lines within the front or street side yard setback areas only if approved by the planning commission, and when the following criteria are complied with:

a. The fence shall not create a substantial hazard to the public by creating reduced visibility or other sight distance problems.

b. The fence shall be aesthetically pleasing and not create an inappropriate walled-in effect, visual barrier, or result in a public safety problem.

3. Fences or walls over six feet in height but under eight feet in height along interior side or rear lot lines may be approved by the planning commission when the following criteria are complied with:

a. The fence shall not create a substantial hazard to the public by creating reduced visibility or other sight distance problems.

b. The fence shall be aesthetically pleasing and does not create an inappropriate walled-in effect, visual barrier, or result in a public safety problem.

4. Retaining walls are permitted along all property lines for the purpose of retaining natural grade or engineered fill areas subject to the issuance and approval of a building permit in compliance with the currently adopted California Building Standards Code as referenced in Section 15.04.010. All retaining walls in excess of four feet in height measured from the footing shall be designed by a civil or structural engineer. Retaining walls of any height may be constructed adjacent or along all property lines without setback requirements.

5. Prior to the review of fence height request by the planning commission, and not less than ten calendar days prior to the proposed meeting of the planning commission, the community development department shall notify owners of contiguous properties immediately adjacent to the said project and/or additional properties as determined by the community development director. Notification shall be given by mail or delivery. The planning commission may impose conditions on the approval of a fence height request in order to achieve compliance with the fence criteria. The planning commission may deny a request when the criteria have not been satisfied.

P. Fences and Walls--Commercial. Fences and walls constructed in commercial zoning districts shall be subject to the following:

1. Fences or walls in commercial or office zoning districts shall be subject to the issuance of a zoning permit or architectural and design review.

2. Fences or walls may be permitted in the front or side yard setback areas adjacent to a street within commercial zoning districts subject to the issuance of a zoning permit.

Q. Decks. Decks that serve the upper stories of residential uses shall be allowed to extend into the rear yard air space a distance not to exceed fifty percent of the rear yard area measured from the rear of the main structure to the rear property line. Said decks shall not extend more than twenty feet from the rear of the main structure and shall maintain a minimum rear yard setback of ten feet. All decks shall maintain the following standards:

1. All decks shall have a rail for safety in accordance with the requirements of the currently adopted California Building Standards Code as referenced in Section 15.04.010.

2. No deck shall be enclosed to form a living or storage area when used as a portion of the rear yard setback.

3. At least one method of ingress and egress shall be directly provided from the living unit from which the deck is designed to serve.

4. Decks or patios serving the ground floor of a residential structure shall not exceed an elevation of eighteen inches from natural grade when constructed in the required side or rear yard setback area.

R. General Plan Roadway Improvement Lines and Building Setback Lines. For the purpose of obtaining adequate street right-of-way widths to ensure traffic safety, accommodate increased traffic volumes, and provide for an efficient flow of vehicles, general plan roadway improvement lines are established for the purpose of identifying the necessary road right-of-way width on certain streets. General plan roadway improvement lines shall be consistent with the intent of Map 11-3 Recommended Roadway Improvements found in the Lakeport general plan. Additions or remodeling of structures occurring on parcels adjacent to general plan lines shall recognize these lines in the determination of setbacks. Development projects involving the conversion of an existing structure, or new construction on parcels adjacent to general plan lines, shall require an offer of dedication of land in accordance with the general plan as a condition of approval. Where a general plan recommended roadway line has been established for any street within the city, the required yards shall be measured from such line, and in no case shall there be an encroachment into or upon any official plan line.

S. Accessory Buildings. Where an accessory building is attached to a main building, it shall be made structurally a part of and have a common roof consistent with the main building. It shall comply in all respects with the requirements of this title and in accordance with the following:

1. An accessory building in a residential district shall be located on the rear one-half of the lot and at least ten feet from any dwelling or building existing on or under construction on the same lot or on an adjacent lot.

2. Accessory buildings shall not be located within five feet of any alley or, in the case of a corner lot project, beyond the front yard required or existing on an adjacent lot.

3. Residential garage entrances shall be a minimum of twenty feet from the front property line.

4. Accessory buildings shall be constructed with or subsequent to the construction of the main building.

5. Accessory buildings in any district shall not exceed fifteen feet in height.

6. A lawn, garden, or storage shed unserved by utilities (except electrical power), and containing less than one hundred fifty square feet, is exempt from these requirements, except for height and setback limitations. Such accessory buildings may be placed to within one foot of the side and rear property lines but shall not encroach into the street-side, setback, or front yard setback area.

T. Swimming Pools. Swimming pools in residential districts shall be constructed on the rear one-half of all lots or fifty feet from the front property line, whichever is less. Pools shall not be located closer than five feet to any rear lot line or side lot line. On the street side of a corner lot, no pool shall be located closer than ten feet to such street-side lot line. Filter and heating systems shall not be located any closer than five feet to any property line and shall be enclosed within sound and visual structures. Fenced enclosures, in accordance with the currently adopted California Building Standards Code as referenced in Section 15.04.010, shall be provided around swimming pools.

U. Setback Determinations. In R-1 and R-2 zoning districts where four or more lots in a block have been improved with buildings at the time of the passage of the ordinance codified in this title the minimum required setback may be the average of the improved lots.

V. Substandard Residential Lots. In any residential district, single-family dwellings may be erected on any parcel of land, the area of which is less than the building area required for that particular district under these provisions, only if the lot was part of a subdivision in existence at the time of the adoption of the first city of Lakeport zoning ordinance on January 6, 1969. The width of side yards on single-family dwellings constructed pursuant to this section may be reduced to ten percent of the average lot width, but in no case less than three feet.

W. Side Entrances to Structures / Setbacks. In any residential district where a dwelling unit is located on a lot where the main entrance is on the side of the building, the required side yard setback from the entrance shall not be less than ten feet.

X. Yard Deviations. In any residential district, additions may be made to existing structures within required side yards provided that such addition does not extend beyond the existing structure and is no closer than three feet to the side property line.

Y. Sight Distance. No foliage or structural features shall extend into the cross visibility area between three feet and seven feet above the surface of the public sidewalk or existing grade adjacent to the street.

Cross visibility is defined as the intersection of two public rights-of-way measured from the face of curb or edge of the paved roadway.

A triangle having two sides "X" feet long running along each public right-of-way, said length beginning at their intersection, and the third side formed by a line connecting the two ends.

Local streets:	X = 10’
Collector streets:	X = 15’
Arterial streets:	X = 20’

Z. Garage, Yard, Home, Patio, or Other Similar Sales.

1. Garage sales include, but are not limited to, yard sales, home sales, patio sales, or other similar use on any residentially zoned or residentially occupied property. Garage sales may be conducted in accordance with the provisions contained herein.

2. The provisions of this section shall not apply to any charitable or religious organization or occasional sales, when the proceeds from such sales are used solely for charitable or religious purposes, nor shall this chapter apply to sales conducted pursuant to the process or order of any court of competent jurisdiction.

3. No business license fee shall be required for any garage sale lawfully conducted in accordance with the provisions of this chapter.

4. No more than three garage sales shall be conducted on the same premises during any calendar year.

5. No sale shall be conducted for more than three consecutive days or for more than two consecutive weekends for two days each. Sales shall not be conducted before seven a.m. nor after six p.m. on the permitted days.

6. Personal property offered for sale shall not be displayed within or on the city public right-of-way.

7. Signs advertising a garage sale may be placed on the sale premises. No more than two signs advertising a garage sale may be posted, erected, or maintained on the premises on which the sale is to be held. Signs shall not be lighted. No sign posted, erected, or maintained shall exceed four square feet in area or be placed more than five days preceding the lawful commencement of the sale. Each posted sign shall be removed at or before the close of the last day of the garage sale.

AA. Off-street parking in setbacks:

1. Off-street parking in all residential zoning districts shall not be located in any required yard or setback area.

2. Required front, side, and rear yards shall not be used to supply any of the off-street parking spaces required by the terms of this chapter in any R-1, R-2, R-3, or R-5 zoning districts.

BB. Fabric Covered Carports and Accessory Sheds. All fabric covered carports, sheds, or similar facilities shall comply with city setback requirements in the zone in which they are located. Unless the facility is considered a structure under the currently adopted California Building Standards Code as referenced in Section 15.04.010, no building permit shall be required for their placement. Fabric covered facilities shall be properly maintained, cleaned, and repaired as necessary. There shall be no electricity or other utilities provided to fabric covered carports, sheds, or similar facilities.

CC. Accessory Dwelling Units.

1. Purpose. The purpose of this subsection is to provide regulations for the development of accessory dwelling units and junior accessory dwelling units through a ministerial process consistent with Government Code Sections 65852.2 and 65852.22. Accessory dwelling units expand housing opportunities by increasing the number of housing units available within existing neighborhoods and provide housing generally at lower cost. This subsection provides standards to minimize adverse impacts on the public health, safety, and general welfare that may be associated with accessory dwelling units and junior accessory dwelling units.

2. Applicability. The regulations established in this subsection shall apply to all accessory dwelling units and junior accessory dwelling units where allowed in compliance with Title 17, Chapters 17.04 through 17.07 (residential districts). Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this subsection and the building code. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this subsection shall not be:

a. Deemed to be inconsistent with the general plan designation and zone for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.

b. Deemed to exceed the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.

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

d. Required to correct a nonconforming zoning condition. This does not prevent the city from enforcing compliance with applicable building standards in compliance with Health and Safety Code Section 17980.12.

3. Where Permitted. Accessory dwelling units and junior accessory dwelling units are allowed on parcels zoned for single-family or multifamily dwellings where such parcels include a proposed or existing dwelling.

4. Types. An accessory dwelling unit approved under this subsection may be one of the following types:

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

b. Detached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is detached or separated from the proposed or existing primary dwelling, including an existing stand-alone garage converted into an accessory dwelling unit. The detached accessory dwelling unit shall be located on the same parcel as the proposed or existing primary dwelling.

c. Converted. Is entirely located within the proposed or existing primary dwelling or accessory structure, including but not limited to attached garages, storage areas, or similar uses; or an accessory structure including but not limited to studio, pool house, or other similar structure. Such conversion may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted structure.

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

i. Is entirely located within a single-family detached primary dwelling and shall consist of the conversion of an existing bedroom.

ii. Does not exceed five hundred square feet.

iii. Has independent exterior access from the primary dwelling.

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

v. Includes an efficiency kitchen, which includes a cooking facility with appliances, food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

5. Location and Number.

a. Single-Family Dwelling Areas. Accessory dwelling units and junior accessory dwelling units are allowed in single-family dwelling zones as follows:

i. Single-Family Dwelling Parcel. Only one attached accessory dwelling unit or junior accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-family dwelling on it, where the accessory dwelling unit or junior accessory dwelling unit is:

(A) Either within the space of a proposed single-family dwelling, within the existing space of an existing single-family dwelling, or within the existing space of an accessory structure, plus up to one hundred fifty additional square feet if such expansion is for the sole purpose of accommodating ingress and egress to the converted structure;

(B) Has exterior access that is independent of that for the single-family dwelling; and

ii. Limited Detached. One detached new construction accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-family dwelling, in addition to a junior accessory dwelling unit, if it meets all the following requirements:

(A) Is detached from the primary dwelling;

(B) Is eight hundred square feet or smaller in size;

(D) Has side and rear setbacks of at least four feet.

iii. Types and Number of Units Allowed. In any single-family dwelling area, only the following combination of accessory dwelling units may be provided on a single parcel:

(A) Detached accessory dwelling unit and junior accessory dwelling unit;

(B) Detached accessory dwelling unit and attached accessory dwelling unit.

b. Multifamily Dwelling Areas. Accessory dwelling units are allowed in multifamily dwelling areas as follows:

i. Converted Spaces Within a Multifamily Dwelling.

(A) Within any multifamily dwelling structure used exclusively for residential use, portions of such structures that are not used as livable space may be converted to accessory dwelling units, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages; provided, that any such space converted to an accessory dwelling unit complies with minimum state building standards for dwellings.

(B) At least one accessory dwelling unit shall be allowed within an existing multifamily dwelling structure as long as the total number of accessory dwelling units within the structure does not exceed twenty-five percent of the existing units.

ii. Limited Attached. Up to two detached accessory dwelling units shall be allowed on a parcel where a multifamily dwelling structure exists if each of the detached accessory dwelling units meets all the following requirements:

(A) Has side and rear setbacks of at least four feet; and

(B) Is eight hundred square feet or smaller in size.

6. Standards Applicable to All Accessory Dwelling Units. The following standards apply to all accessory dwelling units and junior accessory dwelling units constructed on or moved to a new parcel and to the remodeling or rebuilding of an existing single-family dwelling or multifamily dwelling structure to create an accessory dwelling unit.

a. Parcel Size and Width. No minimum parcel size or parcel width shall apply for the construction of an accessory dwelling unit.

b. Access. Every accessory dwelling unit shall have direct exterior access independent of the exterior access of the primary dwelling.

c. Fire Sprinklers. Fire sprinklers are required in an accessory dwelling unit if they are required in the primary dwelling.

d. Permanent Foundation.

i. All accessory dwelling units shall be permanently attached to a permanent foundation.

ii. A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, or boat shall not be used as an accessory dwelling unit.

e. Nonconforming Conditions. The correction of nonconforming zoning conditions is not required in order to establish an accessory dwelling unit on a parcel with a primary dwelling.

f. Design. Within any historic district zone or historic district overlay zone, if applicable, the design of accessory dwelling units shall be consistent with the design and development guidelines applicable to such zones.

g. No Separate Conveyance. An accessory dwelling unit may be rented, but no accessory dwelling unit, unless otherwise permitted by state law, may be sold or otherwise conveyed separately from the parcel and the primary dwelling in the case of a single-family dwelling parcel or from the parcel and all of the dwellings in the case of a multifamily dwelling parcel.

h. Rental Term. No accessory dwelling unit may be rented for a term that is shorter than thirty days.

i. Impact Fees. No impact fees (including school fees) shall be charged to an accessory dwelling unit that is less than seven hundred fifty square feet in size. Any impact fee charged to an accessory dwelling unit seven hundred fifty square feet or greater shall be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the accessory dwelling unit, times the typical fee amount charged for a new dwelling). For the purposes of this subsection, impact fees do not include any connection fee or capacity charge for water or sewer service.

7. Additional Standards Applicable to Attached and Detached Accessory Dwelling Units. The following standards shall apply only to attached and detached accessory dwelling units:

a. Size.

i. Detached. May not exceed eight hundred fifty square feet if it has fewer than two bedrooms or one thousand square feet if it has two bedrooms. No more than two bedrooms are allowed.

ii. Attached. May not exceed eight hundred fifty square feet if it has fewer than two bedrooms or one thousand square feet if it has two bedrooms. No more than two bedrooms are allowed. An attached accessory dwelling unit shall not exceed fifty percent of the floor area of the primary dwelling.

b. Height.

i. Single-Story Attached or Detached. A single-story attached or detached accessory dwelling unit shall not exceed sixteen feet in height above grade, measured to the peak of the structure.

ii. Two-Story. An attached or detached accessory dwelling unit that is constructed with a second story shall not exceed the maximum allowable structure height for the area in which it is located.

c. Passageways. No passageway, breezeway, or similar connection between structures on the parcel shall be required in conjunction with the construction of an accessory dwelling unit.

d. Utilities. Attached and detached accessory dwelling units shall require new, separate utility connections directly between the accessory dwelling unit and the utility provider.

e. Parking.

i. One off-street parking space is required for each attached and detached accessory dwelling unit. The parking requirement for an attached or detached accessory dwelling unit shall be in addition to the parking requirement for the existing residence on the property. This space may be provided as tandem parking, including on an existing driveway. No parking shall be permitted in the front yard other than on the paved driveway. Parking spaces may also be provided through a mechanical vehicle parking lift.

ii. No Replacement. When a garage, carport, or covered parking structure providing required parking for the primary residence or residences is demolished to allow for the construction of an accessory dwelling unit or is converted to an accessory dwelling unit, those parking spaces are not required to be replaced.

iii. Additional parking for the accessory dwelling unit is not required in the following instances:

(A) The accessory dwelling unit is located within one-half mile walking distance of public transit, including transit stations and bus stations.

(B) The accessory dwelling unit is located within a historic district.

(D) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

(E) When there is a designated car share vehicle parking space located within one block of the accessory dwelling unit.

f. Permits.

i. Ministerial Accessory Dwelling Unit Permit. Prior to constructing any attached or detached accessory dwelling unit, the property owner shall obtain a building permit from the city. The city shall issue the permit within sixty days from the date that the city received a completed application, unless:

(A) The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay;

(B) The city requires corrections to the building permit application, in which case the sixty-day time period is tolled until the applicant resubmits a corrected application; or

(C) The building permit application is submitted with a permit application to create a new single-family or multifamily dwelling on the parcel, in which case the city may delay acting on the building permit application until the city has acted on the permit application to create the new single-family or multifamily dwelling, but the building permit application for the accessory dwelling unit will be issued in conjunction with the permit application approval.

ii. Application and Processing Fees. The city council shall establish a schedule of fees for the application and processing of a building permit for an accessory dwelling unit.

8. Standards Applicable to Converted Accessory Dwelling Units. The following standards apply only to converted accessory dwelling units:

a. Setback. No setback is required for a legally existing structure that is converted to an accessory dwelling unit.

b. Parking. No additional off-street parking is required for the converted accessory dwelling unit, regardless of if a garage, carport, or covered parking structure is converted into an accessory dwelling unit. If replacement parking is provided, the replacement spaces shall be located in any configuration on the same parcel as the accessory dwelling unit and may include but are not limited to covered spaces, uncovered spaces, or tandem spaces. Replacement parking may only occur on driveways leading to a required parking space or in a rear yard on a paved surface, provided such paved area can be easily accessed via the driveway or an alley. No parking shall be permitted in the front yard other than on the paved driveway. Parking spaces may also be provided through a mechanical vehicle parking lift.

c. Building Permit. The property owner shall obtain a valid building permit for the converted accessory dwelling unit, subject to all the standard application and processing fees and procedures that apply to building permits generally.

9. Standards Applicable to Junior Accessory Dwelling Units. The following standards apply only to junior accessory dwelling units:

a. Size. The total area of floor space for a junior accessory dwelling unit shall not exceed five hundred feet and shall not expand the size of an existing single-family dwelling by more than one hundred fifty square feet, provided such expansion is provided solely for the purpose of accommodating ingress and egress.

b. Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components:

i. A sink with a maximum waste line drain of one and one-half inches;

ii. A cooking facility with appliances which do not require electrical service greater than one hundred twenty volts or natural or propane gas;

iii. A food preparation counter or counters that total at least fifteen square feet in area; and

iv. Food storage cabinets that total at least thirty square feet of shelf space.

c. Parking. No additional off-street parking is required for the junior accessory dwelling unit.

d. Permits.

i. Ministerial Junior Accessory Dwelling Unit Permit. The property owner shall obtain a valid building permit for the junior accessory dwelling unit, subject to all standard application and processing fees and procedures that apply to building permits generally. The city shall issue a ministerial permit within sixty days from the date that the city received a completed application, unless either:

(A) The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay;

(B) The city requires corrections to the building permit application, in which case the sixty-day time period is tolled until the applicant resubmits a corrected application; or

(C) The application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the parcel. The city may delay acting on the permit application for the junior accessory dwelling unit until the city acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit will still be considered ministerial without discretionary review or a hearing.

ii. Application and Processing Fees. The board shall establish a schedule of fees for the application and processing of a building permit for a junior accessory dwelling unit.

e. Deed Restriction. Junior accessory dwelling units shall be subject to an owner-occupancy requirement. A person with legal or equitable title to the property shall reside on the property in either the primary dwelling or junior accessory dwelling unit as that person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

i. Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the county of Lake recorder’s office and a copy filed with the city of Lakeport community development director. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction will be provided by the city and shall provide that:

(A) The junior accessory dwelling unit shall not be sold separately from the primary dwelling, except as may otherwise be permitted by state law.

(B) The junior accessory dwelling unit is restricted to the approved size and other attributes allowed by this subsection.

ii. The deed restriction may be removed if the owner eliminates the junior accessory dwelling unit, 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 junior accessory dwelling unit has in fact been eliminated. The community development director may then determine whether the evidence supports the claim that the junior accessory dwelling unit has been eliminated. Appeal may be taken from the community development director’s determination consistent with Chapter 17.31 (Appeals and City Council Review). If the junior accessory dwelling unit is not entirely physically removed but is only eliminated by virtue of having a necessary component of a junior accessory dwelling unit removed, the remaining structure and improvements shall otherwise comply with all applicable development and building standards.

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

DD. Residential Uses in a C-1 Light Retail, C-2 Major Retail, C-3 Service Commercial, CB Business, or Professional Office Zoning District.

1. The residential use shall be initiated concurrently or subsequent to the construction of a commercial or office building.

2. The residential use shall be aesthetically pleasing.

3. The residential use shall be provided with some useable private open space in the form of a yard, deck, balcony, or similar outdoor living area.

4. The residential use shall be provided with a pedestrian access separate from that provided for the commercial use. If it is impossible to provide a separate access, the internal access to the residential use shall be designed so as to minimize impact on the commercial activity.

5. The construction and operation of the residential use shall comply with the requirements of the building and fire codes.

6. Off-street parking shall be provided for the residential use as required by Chapter 17.23 in addition to the parking required for commercial or other on-site uses.

7. Single-family residential and mixed use--residential projects shall ensure that the viability of commercial and office operations is not adversely affected by residential development.

8. Residential uses that are not single-family homes shall provide:

a. Secure areas for residents’ personal property. Outdoor storage areas for personal property brought on site by clients shall be screened from public view by minimum six-foot-tall visually screening mature landscaping or a minimum six-foot-tall decorative masonry wall.

b. Laundry facilities adequate for the number of residents.

c. Toilets and showers at ratios of not less than one toilet for every eight beds per gender; one shower for every eight beds per gender; and a private shower and toilet facility for each area designated for families with children.

d. Telephone(s) for use by residents.

9. Residential uses include community care facilities, emergency shelters, and mixed use projects for the purposes of this section.

EE. Emergency Shelters in a C-3 Service Commercial District.

1. Purpose. The purpose of these regulations is to establish standards to ensure that the development of emergency shelters (shelters) does not adversely impact adjacent parcels or the surrounding neighborhood and that they are developed in a manner which protects the health, safety, and general welfare of the nearby residents and businesses. These performance standards shall apply to shelters. A use permit is required to establish a shelter that does not meet the location, development, and/or operational standards of this section or that would provide more beds than allowed by this section.

2. Location. A shelter may be established in any "C-3" service commercial district; provided, that the property boundaries are located more than three hundred feet from any other shelter (measured from property line to property line) unless it is separated therefrom by a state highway.

3. Maximum Number of Beds. A maximum of twenty-four beds may be provided.

4. Property Development Standards. The development shall conform to all property development standards of the C-3 zoning district (Chapter 17.11), as well as Chapters 17.23 (Parking, Access and Loading), 17.27 (Architectural and Design Review), 17.28 (Performance Standards), and 17.52 (Signs).

5. Length of Stay. The maximum length of stay at the facility shall not exceed one hundred twenty days in a three-hundred-sixty-five-day period.

6. Hours of Operation. Shelters shall establish and maintain set hours for client intake/discharge. Hours of operation must be prominently posted on site. Clients shall be admitted to the facility between six p.m. and eight a.m. during Pacific Daylight Time and five p.m. and eight a.m. during Pacific Standard Time. All clients must vacate the facility by eight a.m. and have no guaranteed bed for the next night.

7. On-Site Parking. On-site parking shall be provided in the ratio of one space for every six adult beds or one-half space per bedroom designated for family units with children. One space shall be provided for each manager/staff member. Bike rack parking shall also be provided by the facility.

8. Lighting. Adequate exterior lighting shall be provided for security purposes. The lighting shall be stationary and shielded/downlit away from adjacent properties and public rights-of-way.

9. Required Facilities. Shelters shall provide the following facilities:

a. Indoor client intake/waiting area of at least one hundred square feet. If an exterior waiting area is provided, it shall not be located adjacent to the public right-of-way and shall be visually separated from public view by minimum six-foot-tall visually screening mature landscaping or a minimum six-foot-tall decorative masonry wall. Provisions for shade/rain protection shall be provided.

b. Interior and/or exterior common space for clients to congregate shall be provided on the property at a ratio of not less than fifteen square feet per client, with a minimum overall area of one hundred square feet. Common space does not include intake areas.

10. Optional Facilities/Services. Shelters may provide one or more of the following types of common facilities for the exclusive use of residents:

a. Central cooking and dining room(s) subject to compliance with county health department requirements.

b. Recreation room.

c. Counseling center.

d. Child-care facilities.

e. Other support services intended to benefit homeless clients.

11. Shelter Management. The shelter provider or management shall demonstrate that they currently operate a shelter within the state of California or have done so within the past two years and shall comply with the following requirements:

a. At least one facility manager shall be on site and awake at all times the facility is open. The manager’s area shall be located near the entry to the facility. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate.

b. An operational and management plan (plan) shall be submitted for review and approval by the community development director. The approved plan shall remain active throughout the life of the facility, and all operational requirements covered by the plan shall be complied with at all times. At a minimum, said plan shall contain provisions addressing the following issues:

i. Security and safety: addressing both on- and off-site needs, including provisions to ensure the security and separation of male and female sleeping areas, as well as any family areas within the facility.

ii. Loitering/noise control: providing specific measures regarding operational controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on site and/or when services are not provided.

iii. Management of outdoor areas: including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize disruption to nearby land uses.

iv. Staff training: with objectives to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income.

v. Communication and outreach with objectives to maintain effective communication and response to operational issues which may arise in the neighborhood as may be identified by city staff or the general public.

vi. Adequate and effective screening: with the objectives of determining admittance eligibility of clients and providing first service to Lakeport area residents.

vii. Litter control: with the objective of providing for the regular daily removal of litter attributable to clients within the vicinity of the facility.

FF. Outdoor Dining.

1. Outdoor dining for sidewalks and on private property shall comply with the outdoor dining design guidelines as adopted by resolution of the city council. If an applicant proposes a project that does not comply with the outdoor dining design guidelines, the project will be deemed incomplete and shall require a use permit under Chapter 17.24 and be subject to architectural and design review under Chapter 17.27.

2. On-street dining shall be designed in accordance with the outdoor dining design guidelines as adopted by resolution of the city council and shall require a use permit under Chapter 17.24 and be subject to architectural and design review under Chapter 17.27.(Ord. 940 §2, 2022; Ord. 934 §2, 2022; Ord. 924 §§39--44, 2020; Ord. 923 §§28, 30, 2019; Ord. 903 §5, 2016; Ord. 893 §3(12), 2014; Ord. 887 §1(H), 2013; Ord. 880 §2(3), 2010; Ord. 868 §1(C), 2007; Ord. 821 §1(part), 2003; Ord. 796 Att. A(part), 1999)

Chapter 17.28PERFORMANCE STANDARDS

17.28.010 Purpose and intent.

Chapter 17.28
PERFORMANCE STANDARDS