Article 9. Specific Use Provisions1
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Overview |
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This article includes special provisions for certain land use categories and activities. These regulations are in addition to other development standards and regulations in other parts of this code, such as Article 7 of this title (Site Planning and Development Standards). The intent of this article is to ensure that the uses regulated are compatible with the surrounding uses. |
Chapter 23.901
RESIDENTIAL USES
Sections:
23.901.010 Purpose and applicability.
23.901.040 Live-work facility.
23.901.050 Mobile homes and mobile home parks.
23.901.060 Accessory dwelling units.
23.901.070 Senior independent living facility.
23.901.090 Residential care home (large).
23.901.100 Agricultural employee (farmworker) housing.
23.901.010 Purpose and applicability.
A. Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for caretaker housing, home occupations, live-work facilities, mobile homes, mobile home parks, and second dwelling units. It is the city’s intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by applying special design requirements, regulating activities within the use, and establishing special setback and other development standards.
B. Applicability. The regulations and standards contained in this chapter shall apply only to caretaker housing, home occupations, live-work facilities, mobile homes, mobile home parks, and second dwelling units as expressly identified in the corresponding sections and shall be in addition to any other development standards and regulations contained elsewhere within this zoning code (e.g., lighting, landscaping, parking). These uses may only be located in those zoning districts as described in, and shall only be authorized in concert with, the permit requirements of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.010)].
23.901.020 Caretaker housing.
A. Purpose and Applicability. The regulations contained in this section shall apply to caretaker housing as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new caretaker housing shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as with other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply.
B. Associated Use. One caretaker housing unit may be permitted in conjunction with an otherwise permitted nonresidential use on the same property. The caretaker unit must be associated with and directly support the nonresidential use of the property (e.g., night watchman or site superintendent for an industrial use).
C. Occupancy. Occupancy of the caretaker unit shall be limited to the caretaker or superintendent of the associated nonresidential use of the site and his or her household.
D. Design. The design of the caretaker unit shall be consistent and uniform with the design of the associated use. Temporary trailers as caretaker units may be permitted with issuance of a temporary use permit (see Chapter 23.116 RCMC, Temporary Use Permits) for a period of not more than six months as described in Chapter 23.922 RCMC (Temporary Uses). [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.020)].
23.901.030 Home occupations.
A. Purpose and Applicability. The regulations contained in this section shall apply to home occupations to ensure the compatibility of the home occupations with the principal residential uses in order to protect the integrity and character of neighborhoods.
B. Approval Process. A home occupation shall not be conducted prior to approval of zoning certification (see Chapter 23.113 RCMC, Zoning Certification).
C. Business License. A business license from the city is required for any home occupation.
D. Performance Standards. It is the intent of the following standards to reduce the impact of the home occupation to the degree that its effects on the neighborhood are undetectable from normal and usual residential activity. These standards shall be incorporated as conditions of the zoning clearance. Failure to comply with these standards will result in revocation of the home occupation permit and/or business license.
1. Number of Home Occupations. There is no limit on the number of home occupations at a residence; provided, that the performance standards identified in this section are met. All of the following standards are calculated and/or applied based on a single residence.
2. Employees. Off-site employees or partners are permitted as part of the home occupation so long as they do not report for work at the subject property.
3. Habitable Floor Area. The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes.
4. Off-Site Effects. There shall be no mechanical equipment or operation used which creates or makes dust, odor, vibration, or other effects detectable at the property line. Noise level at the property line shall not exceed 55 dBA and shall comply with the city’s noise ordinance (Chapter 6.68 RCMC). No process shall be used which is hazardous to public health, safety, morals, or welfare.
5. On-Site Sales. There shall be no products sold on the premises except artist’s originals or products individually made to order on the premises except as provided by the California Health and Safety Code for cottage food operators and except as specified in subsection (D)(6) of this section.
6. Products which are not artist’s originals or individually made to order may be constructed on site, using equipment normally found in a residence; however, these products may only be sold at a permitted commercial location.
7. Servicing and repair of firearms are permitted, subject to obtaining any state or federal license.
8. Display. There shall be no display of products produced by occupants of the dwelling which are visible in any manner from the outside of the dwelling unit.
9. Traffic/Vehicles. The use shall not generate pedestrian or vehicular traffic beyond that which is normal in a residential district nor in any case require the parking of more than two additional vehicles at the home at any one time. No motor vehicle that is used or kept on the premises in conjunction with the home occupation shall exceed two axles or a length of 20 feet.
10. Storage. There shall be no storage of material or supplies within view of a public right-of-way and storage shall not utilize a required parking space (e.g., within a required garage).
11. Exterior Appearance. There shall be no remodeling or construction of facilities especially for the home occupation which changes the external appearance of the neighborhood from a residential to a more commercial look when viewed from the front of the building.
12. Signs. Signs shall be allowed for the home occupation in accordance with Chapter 23.743 RCMC (Signs).
13. Visitors and Customers. Visitors and customers shall not exceed those normally and reasonably occurring for a residence, including not more than one business visitor an hour and eight a day, during the hours of 8:00 a.m. to 7:00 p.m. (regardless of how many businesses operate out of the home).
14. Deliveries. Deliveries shall not exceed those normally and reasonably occurring for a residence and not more than one delivery of products or materials a week. Deliveries of materials for the home occupation shall not involve the use of commercial vehicles except for FedEx-, UPS-, or USPS-type home pickups and deliveries.
15. Hazardous Materials. No storage of hazardous materials is permitted beyond normal household use. Businesses that require hazardous chemicals (e.g., pest control, pool cleaning, etc.) are not permitted as home occupations.
E. Limitations on Specific Home-Based Businesses.
1. Certified massage practitioners are permitted if the following criteria are met:
a. Only one client is on site at a time and by appointment only.
b. The use shall be conducted on a part-time basis.
c. The practitioner must submit proof of a certificate of training from a state-approved school (e.g., Department of Education, Office of Post Secondary Education).
d. The use will not be conducted in such a fashion as to constitute a public or a private nuisance.
2. Mobile food vendor vehicles cannot be parked at a private residence (see mobile food vendor limitation in RCMC 23.910.040).
3. Taxicab, limousine, or pedicab service shall not be on call and available for service; no vehicle shall be dispatched from the residence by radio, telephone, or other means, but may be parked at the residence when not in service.
4. Cottage food operations, as defined by and consistent with the requirements of the California Health and Safety Code, are limited to one full-time employee, not including a family member or household member of the cottage food operation.
F. Prohibited Home Occupations.
1. Alcohol beverage manufacturing or sales business;
2. Ambulance service;
3. Ammunition reloading, including custom reloading;
4. Boarding house, bed-and-breakfast hotel, timeshare condominium;
5. Carpentry, cabinet makers;
6. Ceramics (kiln of six cubic feet or more);
7. Firearms sales;
8. Health salons, gyms, dance studios, aerobic exercise studios;
9. Medical, dental, chiropractic, or veterinary clinics;
10. Mortician, hearse service;
11. Noncertified massage practitioners;
12. Palm reading, fortunetelling;
13. Private clubs;
14. Repair or reconditioning of boats or recreation vehicles;
15. Restaurants or taverns;
16. Retail sales from site (except direct distribution of artist’s originals, and as provided by the California Health and Safety Code for cottage food operations);
17. Storage, repair, or reconditioning of major household appliances;
18. Storage, repair, or reconditioning of motorized vehicles or large equipment on site;
19. Tattoo service;
20. Tow truck service;
21. Veterinary uses (including boarding);
22. Welding services;
23. Other uses the director determines to be similar to those above per RCMC 23.107.030 (Official interpretation). [Ord. 1-2022 § 3 (Exh. A); Ord. 11-2020 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.030)].
23.901.040 Live-work facility.
A. Purpose and Applicability. The regulations contained in this section shall apply to live-work facilities as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new live-work facilities shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply.
B. Limitations on Use. The nonresidential component of a live-work facility shall be a use allowed within the applicable base zoning district; however, the uses and activities described below shall be prohibited:
1. Any automobile and vehicle uses as listed in RCMC 23.1104.040 (Land use definitions).
2. Any special regulated uses as listed in RCMC 23.1104.040 (Land use definitions).
3. Any activity which involves:
a. Storage of flammable liquids or hazardous materials beyond those normally associated with a residential use;
b. Welding, machining, or any open flame work; and/or
c. Major manufacturing as defined in RCMC 23.1104.040 (Land use definitions).
4. Any other activity or use as determined by the director as incompatible with residential activities and/or to have the possibility of affecting the health or safety of live-work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or that would be hazardous because of materials, processes, products, or wastes.
C. Density. Live-work units shall comply with the density regulations of the applicable base zoning district.
D. Design Standards.
1. Floor Area Requirements. No more than 50 percent of the ground floor area shall be reserved for living space. Up to 100 percent of the ground floor area may be dedicated to working space.
2. Separation and Access. Each live-work unit shall be separated from other units and other uses in the structure. Access to each unit shall be provided from common access areas, corridors, or halls, and the access to each unit shall be clearly separate from other live-work facilities or other uses within the same structure.
3. Facilities to Accommodate Commercial or Industrial Activities. A live-work facility shall be designed to accommodate commercial or industrial uses, as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.
4. Integration of Living and Working Space. The living space within the live-work facility shall be designed as an integral part of the unit and not with separate access from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this section, and living and working space may be separated by interior courtyards or similar private space.
5. Parking. Each live-work facility shall comply with the parking standards of Chapter 23.719 RCMC (Parking and Loading).
E. Nonresident Employees. Up to two persons who do not reside in the live-work unit may work in the unit at any one time. Additional employment may be permitted through issuance of a limited use permit based on findings that the employment will not adversely affect traffic and parking conditions in the vicinity of the site.
F. Changes in Use. After approval, a live-work facility shall not be converted to entirely residential use, nor shall the ratio of living space to working space be changed, unless authorized through administrative use permit approval. As part of the approval of the administrative use permit, the designated approval authority must find that the exclusive residential use will not impair the ability of nonresidential uses on and adjacent to the site to continue operating because of potential health or safety concerns or nuisance complaints raised by the exclusively residential use and/or its occupants. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.040)].
23.901.050 Mobile homes and mobile home parks.
A. Purpose and Applicability. This section applies to new and existing mobile homes and mobile home parks within the city. The purpose of this chapter is to establish standards for the development, modification, and operation of mobile home parks.
B. Special Standards for Mobile Homes. Mobile homes outside of a mobile home park shall comply with the standards set forth for single-family homes in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards), as well as the following criteria:
1. A mobile home must be built on a permanent foundation as approved by the building department.
2. It must have been constructed after June 15, 1976, and must be certified under the National Manufactured Home Construction and Safety Act of 1974.
3. The unit’s skirting must extend to the finished grade.
4. Exterior siding must be compatible with adjacent residential structures, and shiny and metallic finishes are prohibited.
C. Mobile Home Parks. Mobile home parks must be constructed and designed according to state law.
D. Management and Maintenance. Every mobile home park community shall be properly managed to ensure maintenance of common facilities and to ensure individual home sites are developed and maintained in accordance with recorded rules and regulations for the park. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.050)].
23.901.060 Accessory dwelling units.
A. Purpose and Intent. This section establishes regulations and a ministerial review process for accessory dwelling units. Accessory dwelling units are intended to expand housing opportunities for low-income and moderate-income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the architectural character of the area.
B. Applicability. This section applies to all accessory dwelling units, including junior accessory dwelling units, as defined.
C. Where Permitted. Accessory dwelling units are permitted by right in any zoning district which permits single-family or multifamily homes.
D. Relationship to General Plan and Zoning.
1. Any accessory dwelling unit which conforms with the requirements of this chapter shall be deemed to be consistent with the General Plan designation and zoning for the parcel, regardless of any limitations on residential density imposed by the General Plan or zoning.
2. Accessory dwelling units shall not be counted when determining residential density for conformance with General Plan or zoning.
E. Permits and Approval.
1. Ministerial Action. Approval or denial of an accessory dwelling unit or junior accessory dwelling unit is a ministerial action and subject to compliance with the standards in this section.
2. Building Permit. All accessory dwelling units or junior accessory dwelling units shall require a building permit, subject to all the standard application and processing fees and procedures that apply to building permits generally. No other separate planning-related permit is required.
3. Issuance of Permit. The city shall issue a building permit for an accessory dwelling unit within 60 calendar days from the date on which the city received a completed submittal package application, unless either:
a. The applicant requests a delay, in which case the 60-day time period is put on hold for the period of the requested delay; or
b. The application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with an application to create a new single-family or new multifamily dwelling on the parcel. The city may delay acting on the permit application for the accessory dwelling unit or junior accessory dwelling unit until the city acts on the permit application to create the new single-family or new multifamily dwelling on the parcel.
F. Definitions. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:
1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and shall be constructed on the same parcel as the single-family or multifamily dwelling unit that is the primary dwelling unit or will be situated. An accessory dwelling unit also includes the following: (a) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and (b) a manufactured home, as defined in Section 18007 of the Health and Safety Code. This definition shall be interpreted as consistent with and including the definition of “accessory dwelling unit” found in Government Code Section 66313.
2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same parcel. This definition shall be interpreted as consistent with and including the definition of “accessory structure” found in Government Code Section 66313.
3. “Car share” means a program that allows customers hourly access to shared vehicles from a dedicated home location, with the vehicles required to be returned to that same location at the end of the trip.
4. “Efficiency kitchen” means a cooking facility 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 junior accessory dwelling unit.
5. Efficiency Unit. As defined in Section 17958.1 of the Health and Safety Code.
6. Junior Accessory Dwelling Unit or JADU. A “junior accessory dwelling unit” means a unit that is contained entirely within a single-unit primary dwelling. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the primary dwelling. This definition shall be interpreted as consistent with and including the definition of “junior accessory dwelling unit” found in Government Code Section 66313.
7. “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. This definition shall be interpreted as consistent with and including the definition of “living area” found in Government Code Section 66313.
8. “Passageway” means a pathway that is unobstructed, clear to the sky and extends from a street or alley to one entrance of the accessory dwelling unit. This definition shall be interpreted as consistent with and including the definition of “passageway” found in Government Code Section 66313.
9. “Primary dwelling” means an existing or proposed residential structure on a lot with an accessory dwelling unit.
10. “Public transit” means a location, including but not limited to a bus stop or train station, where the public may access buses, trains, subway, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
11. Single-Unit and Multi-Unit. “Single-unit” means the same as a single-family dwelling and “multi-unit” means multifamily dwellings with two or more units.
12. “Tandem parking” means two or more automobiles parked on a driveway or in any other location on a parcel, lined up behind one another.
G. Types of Accessory Dwelling Units. The following are the types of accessory dwelling units:
1. Accessory dwelling unit, attached and detached, as defined below.
a. Attached. An accessory dwelling unit that is attached to an existing or proposed primary dwelling, such as through a shared wall, floor, or ceiling, including attached garages, storage areas or similar uses, or within an accessory structure. An attached accessory dwelling unit can be created by converting a portion of an existing primary dwelling, by constructing a new primary dwelling with an integral accessory dwelling unit, or by constructing an addition to an existing primary dwelling.
b. Detached. An accessory dwelling unit that is physically detached or separated from the primary dwelling. “Detached” includes a second-story addition above an existing detached structure. A detached accessory dwelling unit can be new construction or the conversion or expansion of an existing structure.
2. Junior Accessory Dwelling Unit. A junior accessory dwelling unit is a unit that meets specific criteria as specified below.
a. Maximum of 500 square feet in size.
b. Contained entirely within a single-unit primary dwelling.
c. Has a separate entrance from the main entrance to the primary dwelling.
d. Has a bathroom that is either in the junior ADU or in the primary dwelling.
e. Includes an efficiency kitchen.
H. Number of Accessory Dwelling Units or Junior Accessory Dwelling Units per Lot or Parcel in Zones Which Allow Single-Family Homes. The following number of accessory dwelling units apply in all zoning districts that allow single-family homes as a permitted use:
1. One attached or detached accessory dwelling unit shall be allowed on a parcel with a primary dwelling unit.
2. One junior accessory dwelling unit shall be allowed on a parcel with a primary dwelling.
3. Up to one attached or detached accessory dwelling unit and one junior accessory dwelling unit shall be allowed on a single parcel.
I. Type and Number of Accessory Dwelling Units per Lot With an Existing Multifamily Home. The following apply to accessory dwelling units in all zoning districts that allow multifamily homes as a permitted use:
1. Accessory Dwelling Units.
a. At least one ADU or up to 25 percent of the existing multifamily units shall be allowed within an existing multifamily dwelling.
b. Accessory dwelling units in a multifamily development may be created only through the conversion of parts 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.
2. Detached Accessory Dwelling Units.
a. Up to two detached accessory dwelling units shall be allowed on a parcel with existing multifamily structures, subject to compliance with the development standards for detached accessory dwelling units in this chapter.
b. If the existing multifamily dwelling has a rear or side setback of less than four feet, no modification of the existing multifamily dwelling shall be required as a condition of approving the application to construct an accessory dwelling unit.
J. Development Standards for Attached and Detached Accessory Dwelling Units. The following standards apply to accessory dwelling units:
1. Attached Accessory Dwelling Units.
a. Location. Attached accessory dwelling units shall be located on the same lot or parcel as an existing or proposed primary dwelling unit and be attached to the primary dwelling unit by at least one wall or by a ceiling (above or below the primary dwelling unit) on a lot that is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
b. Size. The total floor area of an attached accessory dwelling unit shall not exceed 850 square feet for a one-bedroom unit or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. These limits do not include up to 150 square feet of area added to the primary dwelling for the sole purpose of providing ingress and egress to the accessory dwelling unit.
c. Setbacks.
i. Front yard setback: per the zoning district standard for the primary dwelling.
ii. Side yard: four feet.
iii. Rear yard: four feet.
iv. No setback shall be required for an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.
d. Height. Twenty-five feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower. This height requirement shall not require the city to allow an accessory dwelling unit to exceed two stories.
e. Access. An attached accessory dwelling unit shall have direct exterior access separate from the main entrance to the primary dwelling.
f. Design. Accessory dwelling units shall be compatible with the architectural style, materials, and colors of the primary dwelling unit.
g. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
h. Fire Sprinklers. An attached accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling.
i. Landscape. Landscaped areas within setbacks shall meet the requirements of this code.
j. Before permit issuance, the city shall be provided with a copy of the recorded deed restriction, which shall run with the land, using the city’s form.
k. No provisions within this section, including lot coverage or legal nonconformity, shall preclude an attached minimum 800-square-foot accessory dwelling unit that is at least 16 feet in height with four-foot side yard and rear yard setbacks, and that is constructed in compliance with all other development standards.
2. Detached Accessory Dwelling Unit Development Standards.
a. Location. Detached accessory dwelling units shall be located on the same lot or parcel as an existing or proposed primary dwelling on a lot that is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
b. Size. A detached accessory dwelling unit shall not exceed 850 square feet for a one-bedroom unit or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
c. Setbacks.
i. Front yard setback: per the zoning district standard for the primary dwelling.
ii. Side yard: four feet.
iii. Rear yard: four feet.
d. Height. The maximum height of a detached accessory dwelling unit shall be:
i. Sixteen feet for new structures built specifically as an accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit. Existing structures taller than 16 feet can be converted to an accessory dwelling unit consistent with the requirements of this chapter.
ii. Eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor.
iii. Eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
e. Design. Detached accessory dwelling units shall be compatible with the architectural style, materials, and colors of the primary dwelling unit.
f. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
g. Fire Sprinklers. An attached accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling.
h. Landscape. All setback areas shall be landscaped as required by this code.
i. Before permit issuance, the city shall be provided with a copy of the recorded deed restriction, which shall run with the land, using the city’s form.
j. Building Separation. An accessory dwelling unit shall comply with the building separation requirements of the underlying zone, but in no case shall said requirement prohibit an accessory dwelling unit that is a minimum of 800 square feet, maximum of 16 feet in height with four-foot side and rear yard setbacks.
k. No provisions within this section, including lot coverage or legal nonconformity, shall preclude a detached minimum 800-square-foot accessory dwelling unit that is at least 16 feet in height with four-foot side yard and rear yard setbacks, and that is constructed in compliance with all other development standards.
3. Junior Accessory Dwelling Unit Development Standards.
a. Location. Shall be located on the same lot or parcel as a primary dwelling unit and be within the walls of the single-family residence, including an attached garage, of the primary dwelling unit by at least one wall or by a ceiling. The junior accessory dwelling unit may be located above or below the primary dwelling unit.
b. Size. Maximum of 500 square feet of living area.
c. Setbacks. If the primary dwelling unit is expanded to create the junior accessory dwelling unit, the addition shall maintain setbacks of four feet from side and rear yards or the same setback as the existing structure, whichever is less. Front setback shall be the same as the existing structure or per the zoning district for the primary structure, whichever is less. Larger setbacks shall apply if required by fire or building codes on a case-by-case basis.
d. Access. A junior accessory dwelling unit shall have a separate entrance separate from the main entrance to the primary dwelling.
e. Kitchen. Each junior accessory dwelling unit shall include an efficiency kitchen which must include (i) a cooking facility with appliances and (ii) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
f. Utilities.
i. A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for the purposes of calculating connection fees or capacity charges for utilities, including water, sewer, or power service, or impact fees.
ii. No new or separate utility connection between the junior accessory dwelling unit and the utility shall be required, although the property owner may voluntarily install a submeter for the junior accessory dwelling unit.
iii. Any utility charges or fees shall be consistent with state law.
g. Parking. No additional off-street parking is required for the junior accessory dwelling unit.
h. Owner Occupancy and Deed Restriction.
i. A person with legal or equitable title to the primary dwelling shall reside on the property in either the primary dwelling or junior accessory dwelling unit as that person’s legal domicile and permanent residence.
ii. The owner occupancy requirement does not apply if the property is entirely owned by a governmental agency, land trust, or nonprofit housing organization.
iii. Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded in the chain of title of the primary single-unit property. The form of the deed restriction shall be approved by the city attorney pursuant to Government Code Section 66333.
iv. The deed restriction shall run with the land and shall be enforced against future property owners.
K. Impact Fees.
1. Impact Fee Requirements.
a. No city-imposed impact fees shall be charged for an accessory dwelling unit that is less than 750 square feet in size.
b. For accessory dwelling units 750 square feet or larger, city-imposed impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.
c. Impact fees do not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
L. Required Parking for Accessory Dwelling Units.
1. Number of Parking Spaces. Parking for accessory dwelling units shall be provided per the following:
a. One off-street parking space, covered or uncovered, is required for each attached and detached accessory dwelling unit or bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
b. Notwithstanding any other section, no off-street parking is required for an attached or detached accessory dwelling unit if one or more of the following applies:
i. The accessory dwelling unit is located within one-half-mile walking distance of public transit, including transit stations and bus stations.
ii. When on-street parking permits are required by the city, but not offered to the occupant of the accessory dwelling unit.
iii. The accessory dwelling unit is part of the proposed or existing primary residence.
iv. The accessory dwelling unit is located within an architecturally and historically significant historic district.
v. When there is a car share vehicle located within one block of the accessory dwelling unit.
vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot; provided, that the accessory dwelling unit or the parcel satisfies any other criteria listed in this chapter.
c. Off-street parking shall be permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
2. When a garage, carport, or covered parking structure is demolished to allow for the construction of an accessory dwelling unit or for the conversion of a structure to an accessory dwelling unit it shall not be required to be replaced.
3. Guest parking spaces shall not be required for accessory dwelling units under any circumstances. [Ord. 8-2024 § 3 (Exh. A); Ord. 17-2021 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.060)].
23.901.065 Junior accessory dwelling units.
Repealed by Ord. 1-2022. [Ord. 4-2017 § 3 (Exh. B)].
23.901.070 Senior independent living facility.
A. Elevators shall be provided for all multi-story structures; or
B. A management program shall be in place to address the aging in place issue that is acceptable to the director. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.070)].
23.901.080 Family day care (large).
Repealed by Ord. 1-2020. [Ord. 10-2018 § 3; Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A)].
23.901.090 Residential care home (large).
A. Plans shall be approved by the fire department prior to any approval and additional fire protection measures may be required.
B. City business license is required.
C. Minimum 1,000-foot separation is required between other residential care home facilities. [Ord. 1-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A)].
23.901.100 Agricultural employee (farmworker) housing.
A. Applicability. Agricultural employee (farmworker) housing projects that provide housing for at least five farmworkers and are proposed pursuant to Section 17021.6 of the Employee Housing Act are referred to as “EHA projects.” Eligible project types include employer-provided farmworker housing or rural farmworker housing projects, of up to 12 dwelling units or up to 36 beds in group quarters (dormitory-style housing); or a small project that provides housing for at least five farmworkers. EHA projects may be for seasonal or temporary residency. EHA projects shall not include any proposed land division (i.e., parcel map, subdivision map or condominium map) for the purposes of creating a separate parcel for the EHA project or EHA units.
B. Agricultural Employee Project Types. Agricultural employee (farmworker) housing projects provide housing for five or more farmworkers (“EHA projects”). EHA projects include the following project types:
1. Employer-Provided Farmworker Housing Project.
a. Five to 36 beds in group quarters designed for single adult farmworkers; or
b. Five to 12 dwelling units, mobile home/RV spaces, each designed for occupancy by at least one farmworker and his/her household.
2. Small Farmworker Housing Project. One to four dwelling units or mobile homes housing at least five farmworkers and licensed by the enforcement agency.
C. Required Permits and Approvals.
1. Site Development Permit. In the AG Zone districts, EHA projects proposed are considered an agricultural use and require an administrative use permit from the planning department. Conditions of approval may be imposed by the director to ensure compliance with the standards of this section, and the city, and with the Act.
2. Water and Sanitation Permits. EHA projects not connected to community sewer or water shall obtain required city permits for proposed well water and/or septic systems. EHA projects on well water that meet the definition of “public drinking water system” shall comply with State Water Resources Control Board Standards.
3. Building Permits. EHA projects shall obtain building permits or other required permits, depending on type of housing accommodations proposed for the project. For EHA projects consisting of two to four mobile or manufactured homes (not on a permanent foundation system) or recreational vehicles, or spaces for two to four mobile homes or recreational vehicles (a “trailer park”), HCD is the permitting agency. For EHA projects of five to 12 spaces, mobile homes, or recreational vehicles, the city is the permitting agency.
4. Recorded Covenant. The site development permit shall include a condition of approval for the property owner to record a farmworker housing covenant with the city to provide constructive notice of and ensure owner’s compliance with the requirements of this section, the Act, and their license.
5. License. EHA projects shall obtain and maintain a license to operate the proposed farmworker housing from the enforcement agency pursuant to Sections 17030 through 17039 of the Act. The enforcement agency in the city is the planning department. EHA projects are subject to environmental review (“CEQA”). The Public Resources Code provides some exemptions to CEQA that may apply to certain types of farmworker housing defined herein.
D. Development Standards and Criteria.
1. Applicability. EHA projects shall comply with development standards of the zone districts in which they are located, as well as the additional standards and criteria provided below. In the event of any conflict between Chapter 23.307 RCMC and the standards and criteria provided in this section, those in this section shall prevail. EHA projects proposed in agricultural zones are considered an agricultural use pursuant to the Act and as such are not subject to the residential density limitations set forth in the General Plan or zoning code.
E. Single-Family Farmworker Housing Projects.
1. Intent. Single-family farmworker housing projects, at the applicant’s option, may be proposed pursuant to Section 17021.5 of the Act, in which case they are deemed a residential use and subject to the same permitting requirements and development standards that apply to a single-family dwelling proposed in the applicable zone, rather than being deemed an agricultural use pursuant to this section. All single-family farmworker housing projects that provide housing for more than five farmworkers shall obtain a license from the enforcement agency pursuant to the Act.
Small farmworker projects proposed to provide housing for four or fewer individual farmworkers (at least one farmworker per proposed unit, not to exceed four farmworkers total in the project) are not an EHA project and not subject to the Act. Such projects may be approved in agricultural zones with an administrative use permit pursuant to all requirements above, except for the requirement to obtain or maintain a license.
In lieu of a license, such projects shall be subject to annual monitoring by the planning department to verify the owner’s compliance with the recorded farmworker housing covenant and project conditions of approval. If, upon monitoring or in response to a complaint, any dwelling unit in such project is determined to be noncompliant with the occupancy requirements set forth in the farmworker housing covenant, after reasonable notice and opportunity to correct the violation as set forth in city code, the project permit may be revoked and the unit(s) subject to enforcement pursuant to Chapter 23.173 RCMC, possibly including abatement. [Ord. 1-2022 § 3 (Exh. A)].
Code reviser’s note: Ordinance 13-2013 Exhibit B sets out all of Article 9 without intending to amend the entire article. Only sections intended to be amended by the ordinance cite the ordinance in the section’s legislative history.