Division V. Special Use Requirements
Chapter 17.60
SPECIAL RESIDENTIAL USES
Sections:
17.60.020 Density bonus and other incentives.
17.60.050 Mobile home, recreational vehicle, and boat storage.
17.60.070 Accessory dwelling units.
17.60.090 Single-room occupancy (SRO).
17.60.010 Animal keeping.
A. Purpose. The purpose of this chapter is to establish reasonable limits related to animal keeping within residential areas. Animal keeping is considered accessory to residential use and is limited according to the provisions within this chapter. This chapter makes a distinction between household pets, exotic animals and typical livestock and larger animals.
B. Definitions. Animal keeping means the care and maintenance of animals on private property. The listing below provides a distinction between various types of animals related to allowed use provisions in Table 17.60-A—Limits on Animals Within Residential Areas. Animal care and boarding uses are listed separately in Division III, Zoning Districts, Allowed Uses, and Development Standards, as commercial uses and are regulated in corresponding allowed use tables and are not allowed in residential districts.
1. Domestic Pets. Small animals (no larger than the largest breed of dogs) customarily kept as pets within a dwelling unit. This classification includes dogs, cats, fish, and birds (excluding large tropical birds and poultry).
2. Exotic Animals. Wild animals not customarily confined or cultivated by man for domestic or commercial purposes, but kept as a pet or for display, including wolf-dog hybrids, potbelly pigs, non-poisonous snakes, reptiles, and large tropical birds (including peacocks).
3. Insects. Small arthropod animals confined or cultivated by man for domestic purposes including but not limited to flies, crickets, mosquitoes, beetles, and butterflies.
4. Livestock Animals. Domesticated animals that may be kept or raised in pens, barns, houses, and pastures for private use. Livestock includes, but is not limited to, cattle, sheep, swine, and equine.
5. Poultry. Domesticated birds (fowl) customarily kept for eggs or meat. This classification includes chickens, roosters, ducks, geese, turkeys, guinea fowl, and Cornish game hens.
C. Number of Animals. The number of animals kept on any site shall not exceed the maximum number of animals allowable as set forth in Table 17.60-A—Limits on Animals Within Residential Areas.
D. Location of Animals. Consistent with Title 6, no person shall keep or permit to range any animal, fowl or bird, wild or domestic, other than cats, two dogs, aviaries or birds of the psittacinae family, within thirty-five feet of any residence or dwelling house or other building used for the habitation of human beings, or within one hundred feet from any school, hospital or similar institution.
E. Sanitation of Coops, Pens, Kennels, or Other Animal Enclosures. Consistent with Title 6, no person shall keep or maintain or cause or permit to be kept or maintained for the use, restraint or confinement of any animal or fowl any yard, coop, building, structure, pasture, pen, hutch, kennel or enclosure which is in an unsanitary condition.
F. Offspring. Young animals born to a permitted animal kept on the site may be kept until such animals are weaned (cats and dogs—four months; large animals—six months; horses—twelve months).
|
Type of Animal |
Minimum Site Area (per animal) |
Maximum Number |
|---|---|---|
|
Domestic Pets |
||
|
— Cat(s) and Dog(s) |
None |
3 |
|
— Other household pets (fish, small birds) |
None |
No Maximum |
|
Exotic Animals |
Requires use permit approval with special findings1 |
|
|
Insects |
Requires use permit approval with special findings1 |
|
|
Livestock Animals |
Requires use permit approval with special findings1 |
|
|
|
1 acre |
3 |
|
Poultry |
Not permitted |
Not permitted |
Table Notes:
1. Prior to approval of a use permit, the planning commission shall make all of the following findings:
a. The keeping of the animal at the location specified in the application will not violate any federal, state, or local law.
b. Odor, noise, dust, and drainage from the keeping and maintenance of the animal will not contribute a nuisance or hazard to the public. Consistent with Section 17.50.050, no person shall keep or maintain any animal, crowing rooster or fowl which by any sound or cry annoys or disturbs persons owning, using or occupying property in the neighborhood.
(Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.60.020 Density bonus and other incentives.
A. Purpose. This section is intended to provide incentives for the production of child care and housing facilities for very low-, low-, and moderate-income and senior households. In enacting this section, it is the intent of the city of San Pablo to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the city’s general plan and housing element. This section is enacted under the authority of Government Code Sections 65915 through 65917.
B. Eligibility of Density Bonus.
1. General. The city of San Pablo shall either grant a density bonus and concessions or incentives as set forth in subsection C of this section, Types of Density Bonus and Other Incentives Allowed.
2. Density Bonus—Minimum Requirements (Target Units). The city shall grant a density bonus to an applicant for a residential project who seeks a density bonus and agrees to construct at least one of the following:
a. Ten percent of the total units as target units affordable to low-income households.
b. Five percent of the total units as target units affordable to very low-income households.
c. A senior citizen housing development.
d. Ten percent of the total units of a newly constructed condominium project or planned development as target units affordable to moderate-income households. (Government Code Section 65915(b).)
C. Types of Density Bonus and Other Incentives Allowed.
1. Density Bonus—Calculation of Bonus Units. In determining the number of density bonus units to be granted, the maximum residential density for the site shall be multiplied by 0.20, unless a lesser number is selected by the developer. When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger integer.
a. For each one percent increase above ten percent in the percentage of units affordable to low-income households, the density bonus is increased by one and one-half percent up to a maximum of thirty-five percent.
b. For each one percent increase above five percent in the percentage of units affordable to very low-income households, the density bonus is increased by two and one-half percent up to a maximum of thirty-five percent.
c. For each one percent increase above ten percent of the percentage of units affordable to moderate-income households, the density bonus is increased by one percent up to a maximum of thirty-five percent.
d. The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units, any calculations resulting in fractional units shall be rounded to the next larger integer. (Government Code Section 65915(g)(1).)
2. The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required target units as stated above. Regardless of the number of target units, no residential project is entitled to a density bonus of more than thirty-five percent.
3. Density Bonus Summary. The following table summarizes the density bonus information:
|
Target Group |
Minimum Percent Target Units |
Bonus Granted |
Additional Bonus for Each 1% Increase in Target Units |
% Target Units Required for Maximum 35% Bonus |
|---|---|---|---|---|
|
Very Low Income |
5% |
20% |
2.5% |
1% |
|
Low Income |
10% |
20% |
1.5% |
20% |
|
Moderate Income (condo or planned development only) |
10% |
5% |
1% |
40% |
|
Senior Citizen Housing Development |
100% |
20% |
— |
— |
4. Incentives. An incentive may be requested only if an application is also made for a density bonus, except for child care facilities under subsection H of this section, Additional Density Bonus and Incentives or Concessions for Development of Child Care Facilities.
D. Number of Other Incentives or Concessions. In addition to the eligible density bonus percentage described above, an applicant may request the following incentives or concessions in connection with his or her application for a density bonus:
1. One incentive or concession for residential projects that include at least ten percent of the total units for lower-income households, at least five percent for very low-income households, or at least ten percent for persons or families of moderate income in a condominium or planned development.
2. Two incentives or concessions for residential projects that include at least twenty percent of the total units for lower-income households, at least ten percent for very low-income households, or at least twenty percent for persons or families of moderate income in a condominium or planned development.
3. Three incentives or concessions for residential projects that include at least thirty percent of the total units for lower-income households, at least fifteen percent for very low-income households, or at least thirty percent for persons or families of moderate income in a condominium or planned development.
4. Each residential project is entitled to only one density bonus, which may be selected based on the percentage of either low-income target units, or the project’s status as a senior citizen housing development. Density bonuses from more than one category may not be combined.
5. In accordance with state law, neither the granting of a concession or incentive shall be interpreted, in and of itself, to require general plan amendment, zoning change, or other discretionary approval.
E. Incentives—Summary. Table 17.60-C summarizes the incentives:
|
Target Group |
Target Units |
||
|---|---|---|---|
|
Very Low Income |
5% |
10% |
15% |
|
Low Income |
10% |
20% |
30% |
|
Moderate Income (Condo or PD only) |
10% |
20% |
30% |
|
Maximum Incentive(s)/Concession(s) |
1 |
2 |
3 |
Note: A concession or incentive may be requested only if an application is also made for a density bonus, except for child care facilities pursuant to subsection H of this section, Additional Density Bonus and Incentives or Concessions for Development of Child Care Facilities.
F. Available Incentives and Concessions. The following incentives and concessions are available for compliance with this section.
1. A reduction in the site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Section 18907 of the Health and Safety Code, and which result in identifiable, financially sufficient, and actual cost reductions, including but not limited to:
a. A reduction in setback and square footage requirements. (Reduction of two percent is considered one incentive.)
b. Reduced minimum lot setbacks. (Reduction of two feet is considered one incentive.)
c. Ratio of vehicle parking spaces that would otherwise be required and that results in identifiable, financially sufficient, and actual cost reductions.
d. Reduced minimum outdoor and/or private outdoor living area. (Reduction of two percent is considered one incentive.)
e. Increased maximum building height and/or stories. (An additional story is considered three incentives.)
f. Reduced minimum building separation.
g. Increased maximum lot coverage. (Increase of two percent is considered one incentive.)
h. Reduced street standards, such as reduced minimum street widths, subject to fire district approval (Government Code Section 65915(l)(1)).
i. Other regulatory incentives or concessions proposed by the developer which result in identifiable, financially sufficient, and actual cost reduction.
2. Approval of mixed-use zoning in conjunction with residential projects if nonresidential land uses will reduce the cost of the residential project and if the city finds that the proposed nonresidential uses are compatible with the residential project and with existing or planned development in the area where the proposed residential project will be located (Government Code Section 65915(l)(2)).
3. Deferred development impact fees (e.g., parkland in-lieu, or traffic impact fees).
4. Priority processing of a residential project that provides income-restricted units.
G. Density Bonus for Donation of Land. An applicant for a tentative subdivision map, parcel map, or other residential project who donates land to the city, in accordance with Government Code Section 65915(h), shall receive a fifteen percent base density bonus plus a one percent supplemental increase over that base for every one percent increase in land donated above the minimum ten percent. The maximum density bonus allowed including supplemental increases is thirty-five percent.
1. An applicant shall only be eligible to receive the density bonus described in this subsection if all the conditions listed in Government Code Section 65915(h)(1) through (6) are met.
2. Nothing in this subsection shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.
3. A residential project shall be eligible for the density bonus described in this section if the city makes all of the following findings:
a. The developer will donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or development application for the residential project.
b. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent of the number of residential units of the proposed development, or will permit construction of a greater percentage of units if proposed by the developer.
c. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is appropriately zoned for development as very low-income housing, and is now or at the time of construction will be served by adequate public facilities and infrastructure. No later than the date of approval of the final subdivision map, parcel map, or development application for the residential project, the transferred land will have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land.
d. The transferred land and the very low-income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this division, which restriction will be recorded on the property at the time of dedication.
e. The land will be transferred to the city-designated housing authority, or to a housing developer approved by the city. The city reserves the right to require the developer to identify a developer of the very low-income units and to require that the land be transferred to that developer.
f. The transferred land is within the boundary of the proposed residential project. The transferred land may be located within one-quarter mile of the boundary of the proposed residential project development if the local agency agrees.
H. Additional Density Bonus and Incentives or Concessions for Development of Child Care Facilities.
1. Residential projects meeting the requirements of subsection B of this section, Eligibility for Density Bonus, and including a child care facility that will be located on the premises of, as part of, or adjacent to, the residential projects shall receive either of the following:
a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.
b. An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the child care facility (Government Code Section 65915(i)(1)).
2. Of the children who attend the child care facility, the percentage of children of very low-income households, low-income households, or moderate-income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very low-income households, low-income households, or moderate-income households.
3. Notwithstanding any requirement of this subsection, the city is not required to provide a density bonus or incentive for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities (Government Code Section 65915(i)(2)).
I. Additional Density Bonus and Incentives or Concessions for Condominium Conversions.
1. The city shall grant either a density bonus or other incentives of equivalent financial value if the applicant for a conversion of existing rental apartments to condominiums agrees to provide thirty-three percent of the total units of the proposed condominium project as target units affordable to low- or moderate-income households, or to provide fifteen percent of the total units in the condominium conversion project as target units affordable to low-income households. All such target units shall remain affordable for the period specified in subsection (N) of this section, Continued Availability.
2. For purposes of this section, a “density bonus” means an increase in units of twenty-five percent over the number of apartments to be provided within the existing structure or structures proposed for conversion.
3. No condominium conversion shall be eligible for a density bonus if the apartments proposed for conversion constitute a residential project for which a density bonus or other incentives were previously provided pursuant to this article or the applicable sections of state planning law.
J. General Provisions Related to Density Bonuses and Incentives or Concessions.
1. All density calculations resulting in fractional units shall be rounded up to the next whole number.
2. The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units, any calculations resulting in fractional units shall be rounded to the next larger integer. The density bonus shall apply to residential projects of five or more dwelling units.
3. The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required target units. Regardless of the number of target units, no housing development maybe entitled to a density bonus of more than thirty-five percent.
4. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
K. Affordability and Development Standards.
1. Timing of Construction. Target units shall be constructed concurrently with nonrestricted units or pursuant to a schedule included in the density bonus housing agreement.
2. Continued Affordability—Rent. Target units offered for rent for low-income and very low-income households shall be made available for rent at an affordable rent and shall remain restricted and affordable to the designated income group for a minimum period of thirty years. A longer period of time may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the housing development.
3. Continued Affordability—For Sale. Target units offered for sale to very low-, low-, or moderate-income households in condominiums and planned developments shall be sold at an affordable ownership cost. The maximum resale price shall be the lower of: (a) fair market value or (b) the seller’s initial purchase price, increased by the lesser of (i) the rate of increase of area median income during the seller’s ownership or (ii) the rate at which the consumer price index increased during the seller’s ownership. The seller of the unit shall retain the market value at the time of sale of any capital improvements made by the seller, the down payment, and the seller’s proportionate share of appreciation. Because this subsection limits the seller’s appreciation, the seller’s proportionate share of appreciation is one hundred percent (Government Code Section 65915(c)).
4. Initial Occupant of Moderate-Income Unit in Condominium Project or Planned Unit Development. The initial occupant of the moderate-income units that are directly related to the receipt of the density bonus units in a condominium project or a planned unit development must be persons or families of moderate income. (See definitions.) Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The city shall recapture its proportionate share of appreciation, equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of sale (Government Code Section 65915(c)(2)).
L. Parking.
1. Upon the request of the applicant, the city may not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of this section that exceeds the following ratios:
|
Bedrooms |
Number of Parking Spaces |
|---|---|
|
0—1 |
1 |
|
2—3 |
2 |
|
4 or more |
2.5 |
2. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a development may provide “on-site parking” through tandem parking or uncovered parking, but not through on-street parking (Government Code Section 65915(p)).
3. The city shall not apply any development standard that would have the effect of precluding the construction of a residential project meeting the requirements of subsection B of this section, Eligibility of Density Bonus, incentives at the densities or with the incentives permitted by this chapter. An applicant may submit to the city a proposal for the waiver or reduction of development standards. Nothing in this subsection, however, shall be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific adverse effect, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Furthermore, the applicant shall be required to prove that the waiver or modification is necessary to make the target units economically feasible.
M. Location of Bonus Units. The following provisions apply to the location of bonus units:
1. As required by state law (California Government Code Section 65915(j)), the location of density bonus units within the residential project may be at the discretion of the developer. However, the inclusionary units shall be reasonably dispersed throughout the development and shall contain on average the same number of bedrooms as the noninclusionary units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials, and quality finish.
2. Target units shall be built on site, unless off-site construction is approved at the city’s discretion, and shall be dispersed within the residential project. The number of bedrooms of the target units shall be equivalent to the bedroom mix of the nontarget units of the housing development, except that the developer may include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be compatible with the design of the total residential project. Residential projects shall comply with all applicable development standards, except those which may be modified as provided by this chapter.
3. Target units shall be constructed concurrently with nonrestricted units or pursuant to a schedule included in the density bonus housing agreement.
N. Continued Availability. The following provisions apply to continued availability of affordable units:
1. If a residential project providing low- or very low-income target units receives only a density bonus, the target must remain restricted to low- or very low-income households for a minimum of thirty years from the date of issuance of the certificate of occupancy.
2. If a residential project providing low- or very low-income target units receives both a density bonus and an additional incentive, the target units must remain restricted to low- or very low-income households for a minimum of fifty years from the date of issuance of the certificate of occupancy.
3. In the case of a residential project providing moderate-income target units, the initial occupant of the target unit must be a person of a family of moderate income. Upon resale, the seller of the target units shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation, which shall be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the California Health and Safety Code that promote homeownership. The city’s “proportionate share” shall be equal to the percentage by the initial sale price to the moderate-income household that was less than the fair market value of the home at the time of the initial sale.
O. Application Requirements and Review. An application for a density bonus, incentive, waiver, modification, or revised parking standard under this section shall be submitted with the first application for approval of a residential project and processed concurrently with all other applications required for the residential project. The application shall be submitted on a form prescribed by the city and shall include at least the following information:
1. Site plan showing total number of units, number and location of target units, and number and location of proposed density bonus units.
2. Level of affordability of target units and proposals for ensuring affordability. (See subsection K of this section, Affordability and Development Standards.)
3. Description of any requested incentives, waivers, modifications of development standards, or modified parking standards.
a. For all incentives, the application shall include substantial evidence that the requested incentives result in identifiable, financially sufficient, and actual cost reductions (Government Code Section 65915(l)(3)).
b. For waivers or modifications of development standards, the application shall provide substantial evidence to show that the waiver or modification is necessary to make the housing units economically feasible and that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of subsection B of this section, Eligibility of Density Bonus, at the densities or with the incentives permitted by this subsection (Government Code Section 65915(e) and (f)).
c. The applicant shall submit a development pro forma in a form prescribed by the city or the city’s economic consultant. The applicant shall pay the cost of peer review of the development pro forma.
P. Approval Body. An application for a density bonus, incentive, waiver, modification, or revised parking standard under this section shall be considered by and acted upon by the approval body with authority to approve the residential project. Any decision regarding a density bonus, incentive, waiver, modification, or revised parking standard may be appealed to the city council. Neither the granting of an incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval (Government Code Section 65915(g)(1) and (2)).
Q. Findings for Approval. Before approving an application for a density bonus, incentive, waiver, or modification, the approval body shall make the following findings:
1. If the density bonus is based all or in part on donation of land, the findings included in subsection G of this section, Density Bonus for Donation of Land.
2. If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care facility, the findings included in subsection H of this section, Additional Density Bonus and Incentives or Concessions for Development of Child Care Facilities.
3. If the incentive or concession includes mixed-use development, the finding included in subsection F of this section, Available Incentives and Concessions.
4. If a waiver or modification is requested, the developer has shown by substantial evidence that the waiver or modification is necessary to make the housing units economically feasible (Government Code Section 65915(f)).
R. Findings Required for Denial of Incentive. If a request for an incentive is otherwise consistent with this section, the approval body may deny an incentive if it makes a written finding, based upon substantial evidence, of either of the following:
1. The incentive is not required to provide for affordable rents or affordable ownership costs.
2. The incentive would have a specific adverse impact upon: (a) public health or safety; (b) the physical environment; or (c) any real property that is listed in the California Register of Historical Resources; and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete (Government Code Sections 65589.5 and 65915(d)(1)).
S. Findings Required for Denial of Waiver or Modification. If a request for a waiver or modification is otherwise consistent with this section, the approval body may deny the waiver or modification only if it makes a written finding, based upon substantial evidence, of either of the following:
1. The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.
2. The waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
T. Findings Required for Denial of Bonus or Incentive for Child Care Facility. If a density bonus or concession is based on the provision of child care facilities, the approval body may deny the bonus or concession if it finds, based on substantial evidence, that the city already has adequate child care facilities (Government Code Section 65915(i)(3)).
U. Density Bonus Housing Agreement Required. An applicant requesting a density bonus shall agree to enter into a density bonus housing agreement with the city. The agreement shall be made a condition of each discretionary planning permit for the residential project under this subsection. (Government Code Section 65917.)
V. Recordation. The density bonus housing agreement shall be recorded as a restriction on any parcel on which the target units or density bonus units will be constructed. It shall be recorded before or concurrently with final or parcel map approval, or, where the housing development does not include a map, before issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind all successors in interest.
W. Contents. The density bonus housing agreement shall include but not be limited to the following:
1. The total number of units approved for the housing development, the number, location, and level of affordability of target units, and the number of density bonus units.
2. Standards for determining affordable rent or affordable ownership cost for the target units.
3. The location, unit size in square feet, and number of bedrooms of target units.
4. Provisions to ensure affordability in accordance with subsection K of this section, Affordability and Development Standards, and density bonus incentives.
5. A schedule for completion and occupancy of target units in relation to construction of nonrestricted units.
6. A description of any incentives, waivers, or reductions being provided by the city.
7. A description of remedies for breach of the agreement by either party. The city may identify tenants or qualified purchasers as third-party beneficiaries under the agreement.
8. Procedures for qualifying tenants and prospective purchasers of target units.
9. Other provisions to ensure implementation and compliance with this subsection.
X. For-Sale Housing Provisions. In the case of for-sale residential projects, the density bonus housing agreement shall include the following conditions governing the sale and use of target units during the applicable use restriction period:
1. Target units shall be owner-occupied by eligible very low-, low-, or moderate-income households, or by qualified residents in the case of senior citizen housing developments.
2. The purchaser of each target unit shall execute an instrument approved by the city and to be recorded against the parcel including such provisions as the city may require to ensure continued compliance with this subsection.
Y. Rental Housing Provisions. In the case of rental residential projects, the density bonus housing agreement shall provide for the following:
1. Procedures for establishing affordable rent, filling vacancies, and maintaining target units for eligible tenants.
2. Provisions requiring verification of household incomes.
3. Provisions requiring maintenance of records to demonstrate compliance with this subsection.
Z. Child Care Facility or Land Dedication Provisions. A density bonus housing agreement for a child care facility or land dedication shall ensure continued compliance with all conditions included in subsections I and Z of this section. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.60.030 Home occupations.
A. Purpose. The purpose of this section is to regulate commercial and office uses within and accessory to residential dwellings. It is the intent of these regulations to allow for certain home-based businesses while ensuring that home occupations do not negatively impact the overall quality and character of the surrounding residential neighborhood to the degree that effects on the neighborhood are undetectable from normal and usual residential activity.
B. Allowed Use. Subject to the provisions of this section, any real property located in a residential district in the city may be used for a home occupation.
C. Prohibited Uses. The repair or modification of automobiles, trucks, motorcycles, and similar types of vehicles or equipment, any business involving the operation of a tow truck, and any trucking business is prohibited as a home occupation.
D. Vehicle Size Limit. Any home occupation that requires, uses, or expects to receive materials or supplies of over three tons from a vehicle is prohibited.
E. Standard Applications. Home occupation permits may be granted by the zoning administrator under the administrative permit procedure, provided the proposed use conforms to all the following conditions:
1. No person other than members of the family residing on the premises shall be engaged in such occupation.
2. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
3. The total area of the residence to be used for the operation of the business shall not exceed three hundred square feet.
4. The business shall not involve the use of any required garage or other required parking space.
5. The business shall be conducted entirely indoors.
6. No customers or clients shall visit the home business.
7. No equipment or materials shall be stored outdoors overnight except for one vehicle used in conjunction with the business. Such vehicle shall not include a mobile vending truck or a tow truck. Public streets shall not be used for parking vehicles used in conjunction with a home business.
8. The business shall not be used as a meeting place for employees or other people who then go to another location to work.
9. The home occupation shall not create objectionable traffic, dust, smoke, odor, noise, vibration, or waste situations. Parcel deliveries are not considered objectionable but are not to exceed two per day.
F. Exceptions.
1. If, in the opinion of the zoning administrator, the application raises concerns about the compatibility of the home occupation with the neighborhood, the zoning administrator shall refer the application to the planning commission, which shall consider the application using the use permit procedure.
2. If the home occupation is part of a multi-unit live-work project and occupies more than three hundred square feet per unit, involves employees other than family members, or involves clients visiting the business, it may be allowed by the planning commission pursuant to the use permit procedure. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.60.040 Live-work units.
A. Existing Structures.
1. A preexisting structure that is converted to a live-work unit may deviate from the development standards included in this section through the administrative use permit process.
2. Deviations shall be the minimum needed and only permitted when full implementation of the development standard is not feasible, as determined by the zoning administrator.
B. Ground-Floor Street Frontage.
1. Retail, service, restaurant, office, and/or cottage industry are required on the ground-floor primary building frontage, with residential on upper levels or behind the frontage use.
2. The work space directly adjacent the sidewalk/street shall contain an active use and not be used exclusively for storage or warehousing.
3. The work space on the ground floor shall be oriented toward the street to allow pedestrian exposure and direct access to the work space.
4. The work space on the ground floor shall have a minimum of fifty percent transparency, measured along the length of the primary building frontage. Transparency refers to an open view into the building, such as a window.
C. Access. Live-work buildings shall have one of two methods of primary pedestrian access:
1. The main entrance to the ground-floor workspace shall be accessed directly from and face the street, and the residential occupancy area shall be accessed by a separate entrance and internal stairs that are also accessed from and face the street. There may also be a small shared lobby that provides separate access to the workspace and residential areas.
2. Access to the residential area may be taken through the workspace that is accessed directly from and faces the street.
D. Parking and Services.
1. Parking and services shall be located to the rear of the property or internal to the block, and access shall be provided through alleys or driveways. Parking shall be provided according to Table 17.54-A—Nonresidential Parking Requirements.
2. Services, aboveground equipment, and trash container areas shall be located in the alley or to the rear of the building accessed by a driveway.
E. Open Space.
1. Front yards are defined by the front yard setback and frontage type requirements of the applicable zoning district.
2. One usable at-grade, outdoor space shall be provided behind the live-work building at no less than fifteen percent of the lot area.
F. Landscape.
1. Landscape shall not obscure sightlines to the ground-floor workspace. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.60.050 Mobile home, recreational vehicle, and boat storage.
A. Purpose. The purpose of this section is to identify special development standards for mobile homes and mobile home parks, consistent with state law.
B. Parking or Storing.
1. It is unlawful for any person, firm, partnership, or corporation to park, keep, or store within any zoning district in the city, except within a licensed mobile home park, any recreational vehicle, house trailer, or mobile home exceeding twenty feet in length, except as provided in this section.
2. A boat or recreational vehicle twenty feet or less in length, including a camper capable of being mounted on a pickup truck, may be parked on a residential parcel at the rear of a house, provided the boat or vehicle is currently registered at that address.
a. Exceptions.
i. Businesses. This section shall not apply to a business or store that sells boats, recreational vehicles, house trailers, or mobile homes.
ii. Modifications. The size and parking location restrictions in this section may be modified pursuant to Section 17.18.080, Administrative use permit.
C. Habitation Prohibited. Nothing in this section shall authorize the use of any recreation vehicle or mobile home for human habitation except within a licensed mobile home park.
D. Utility Connections Prohibited. It is unlawful for any person, firm, or corporation to connect any such recreation vehicle or mobile home described in this section to any utility, either permanently or temporarily. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.60.060 Mobile home parks.
No land used as a mobile home park may be enlarged or extended to occupy a greater area than that occupied by such mobile home park at the time of the adoption of the ordinance codified in this title. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.60.070 Accessory dwelling units.
A. Purposes. The purposes of this section are to authorize accessory dwelling units and junior accessory dwelling units; to establish a procedure for reviewing and approving their development to ensure and maintain healthy and safe residential living environments; to establish location and development standards for accessory dwelling units; to implement the general plan; and to comply with Government Code Sections 65852.2 and 65852.22, which require local agencies to consider applications for accessory dwelling unit and junior accessory dwelling unit permits ministerially without discretionary review or a public hearing, as well as any successor statutes on accessory dwelling units or junior accessory dwelling units, subject to the following requirements.
B. Definitions. For purposes of this section, the following words and phrases have the following meanings:
1. “Accessory dwelling unit” or “ADU” has the meaning set forth in Government Code Section 65852.2, as it may be amended: an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU 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. The ADU may be either attached to or located within the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or it may be within an existing or proposed accessory structure that is detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
2. “Attached accessory dwelling unit” means an ADU attached to a primary dwelling unit.
3. “Detached accessory dwelling unit” means an ADU detached from a primary dwelling unit.
4. “Efficiency unit” shall have the same meaning as specified in the International Building Code of the International Code Council, as incorporated by reference in Part 2 of Title 24 of the California Code of Regulations; have occupancy by no more than two persons; have a maximum floor area of one hundred fifty square feet; and which may also have partial kitchen or bathroom facilities.
5. “Internal conversion” means the establishment of an ADU or junior accessory dwelling unit within an existing or proposed primary dwelling unit or, in the case of an ADU, within an existing detached accessory building.
6. “Junior accessory dwelling unit” or “JADU” has the meaning set forth in Government Code Section 65852.22, as it may be amended: a unit that is no more than five hundred square feet in size and contained entirely within an existing single-family residence and/or attached garage. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. It is required to have a separate entrance from the main entrance to the proposed or existing single-family residence and to include an efficiency kitchen which shall include a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the unit.
7. “Primary dwelling” means either the single-family dwelling unit or the multifamily building on the same lot as one or more ADUs or JADUs, as applicable.
C. Permitting Procedure and Allowances. Except as otherwise provided in subsection D of this section, an application for a permit to establish an ADU will be approved ministerially without discretionary review or public hearing if the ADU meets: the location requirements specified in subsection E of this section; the development standards specified in subsections D and F of this section; all applicable building standards in Title 15 that are incorporated into this section and made applicable by reference; and all applicable sanitary sewer, water, and stormwater requirements.
D. Accessory Dwelling Unit Provisions for Existing or Proposed Development. An application for a permit to establish any of the following types of ADUs in a residential or mixed-use zoning district will be approved ministerially without discretionary review or public hearing within sixty days of receipt of a complete application if there is an existing or proposed single-family or multifamily dwelling on the lot. Applicable zoning districts are identified in subsection E of this section.
1. Single-Family Development.
a. Up to one attached ADU, one detached ADU, and one JADU may be allowed on each lot with an existing or proposed single-family dwelling. This may consist of one internal conversion or attached ADU to an existing or proposed single-family dwelling or an existing accessory structure or one new detached ADU; in either case, a JADU is also allowed. A JADU must be contained within or as an addition to the primary residence or attached garage and is not allowed as a new detached accessory building or as a conversion of a detached accessory building.
b. Internal Conversions of a Primary Residence or Attached Accessory Structure. Up to one ADU and one JADU are permitted within an existing or proposed single-family dwelling or an existing attached accessory structure, subject to the following requirements:
i. The ADU and the JADU must have separate exterior access from each other and from the existing or proposed single-family dwelling.
ii. The existing primary residence or attached accessory structure may be expanded by no more than one hundred fifty square feet beyond its physical dimensions at the time of the application to accommodate ingress and egress.
iii. A proposed JADU must comply with all of the requirements of Government Code Section 65852.22 and may not exceed five hundred square feet in area.
iv. The side and rear setbacks must be sufficient for fire and safety.
v. No replacement of any off-street parking spaces or attached garage spaces removed due to an internal conversion for an ADU or JADU shall be required.
vi. A local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee, unless constructed with a new single-family residence.
c. Attachments to a Primary Residence or Attached Accessory Structure. Up to one ADU and one JADU are permitted as an attachment to an existing or proposed single-family dwelling or an existing attached accessory structure, subject to the following requirements:
i. The ADU and the JADU must have separate exterior access from each other and from the existing or proposed single-family dwelling.
ii. The attached ADU is permitted to be at least eight hundred fifty square feet for a studio/one-bedroom unit or one thousand square feet for two or more bedrooms, but shall not exceed the smaller of the following:
(A) One thousand square feet for a studio or one-bedroom unit or one thousand two hundred square feet for a unit with more than one bedroom.
(B) Fifty percent of the existing primary dwelling unit size or eight hundred square feet, whichever is larger.
iii. Attached ADUs may be up to the maximum allowed height in the zoning district or twenty-five feet, whichever is less.
iv. A proposed JADU must comply with all of the requirements of Government Code Section 65852.22 and may not exceed five hundred square feet in area.
v. Side and rear setbacks shall be at least four feet. Front yard setbacks shall be as required in the district in which the lot is located.
vi. No replacement of any off-street parking spaces or attached garage spaces removed due to creation of an attached ADU or JADU shall be required.
vii. A local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee, unless constructed with a new single-family residence.
d. Internal Conversions of an Existing Detached Accessory Structure. Up to one ADU is permitted within an existing detached accessory structure, subject to the following requirements:
i. The ADU must have independent exterior access.
ii. The existing detached accessory structure may be expanded by no more than one hundred fifty square feet beyond its physical dimensions at the time of the application to accommodate ingress and egress.
iii. The side and rear setbacks must be sufficient for fire and safety.
iv. No replacement of any off-street parking spaces or garage spaces removed due to an internal conversion of an existing detached accessory structure for an ADU shall be required.
v. A local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related a connection fee, unless constructed with a new single-family residence.
e. Detached ADU Units. Up to one detached new construction ADU on a lot with a proposed or existing single-family dwelling may be allowed subject to the following requirements. The following limits shall apply:
i. The ADU must have independent exterior access.
ii. The ADU shall not exceed:
(A) One thousand square feet for a studio or one-bedroom unit; or
(B) One thousand two hundred square feet for a unit with more than one bedroom.
iii. The ADU shall not exceed:
(A) A height of up to sixteen feet for an ADU on a lot with an existing or proposed single-family dwelling unit.
(B) A height of up to eighteen feet for an ADU on a lot with an existing or proposed single-family dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. Up to an additional two feet in height is permitted to accommodate a roof pitch on the ADU to allow for alignment with the roof pitch of the primary dwelling unit.
iv. Side and rear setbacks shall be at least four feet. Front yard setbacks shall be as required in the district in which the lot is located.
v. An ADU that complies with the following development standards shall be permitted, notwithstanding any other development standards:
(A) The ADU is eight hundred square feet or smaller.
(B) The ADU is set back at least four feet from the side and rear of the property.
(C) The ADU does not exceed the following height limitations:
(1) A height of up to the maximum allowed height in the zoning district or twenty-five feet, whichever is less.
(2) A height of up to sixteen feet for a detached ADU on a lot with an existing or proposed single-family dwelling unit.
(3) A height of up to eighteen feet for a detached ADU on a lot with an existing or proposed single-family dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. Up to an additional two feet in height is permitted to accommodate a roof pitch on the ADU to allow for alignment with the roof pitch of the primary dwelling unit.
vi. No replacement of any off-street parking spaces or garage spaces removed due to a new detached ADU shall be required.
vii. A local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee, unless constructed with a new single-family residence.
viii. Newly constructed detached ADUs for which permit requests are submitted on or after January 1, 2020, require compliance with 2019 Energy Code photovoltaic (PV) systems requirements (Section 150.1(c)14).
f. No certificate of occupancy shall be issued for an ADU or JADU prior to issuance of a certificate of occupancy for the primary residence.
g. If the permit application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, action on the permit application for the ADU or the JADU may be delayed until action on the permit application to create the new single-family dwelling. In this case, the sixty-day time period shall be tolled for the period of the delay.
2. Multifamily Development.
a. Internal Conversions. One or more ADUs that are internal conversions within the nonlivable space of an existing multiple-family dwelling, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, are permitted. Each internal conversion under this subsection must meet all applicable building standards in Title 15 as well as any applicable sanitary sewer, water, and stormwater requirements. The following limits shall apply:
i. Internal ADU conversions within an existing multiple-family dwelling may total at least one conversion but shall not exceed twenty-five percent of the number of existing multiple-family units in the primary dwelling.
ii. No replacement of any off-street parking spaces removed due to internal conversion ADUs of multifamily dwellings shall be required.
iii. No new off-street parking shall be required for new ADUs added as internal conversions of multiple-family dwellings.
b. Detached Units. One or two detached ADUs on a lot with an existing multifamily dwelling are allowed if the detached ADU meets all applicable building standards in Title 15 and all applicable sanitary sewer, water and stormwater requirements. The following limits shall apply:
i. The following height limitations are applicable:
(A) A height of up to sixteen feet for a detached ADU on a lot with an existing or proposed multifamily dwelling unit.
(B) A height of up to eighteen feet for a detached ADU on a lot with an existing or proposed multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. Up to an additional two feet in height is permitted to accommodate a roof pitch on the ADU to allow for alignment with the roof pitch of the primary multifamily dwelling unit.
(C) A height of up to eighteen feet for a detached ADU on a lot with an existing or proposed multifamily, multistory dwelling. Up to an additional two feet in height is permitted to accommodate a roof pitch on the ADU to allow for alignment with the roof pitch of the primary multifamily dwelling unit.
ii. Side and rear setbacks for new detached ADUs shall be at least four feet. Front yard setbacks shall be as required in the district in which the lot is located.
iii. No replacement of any off-street parking spaces or garage spaces removed due to construction of a new detached ADU shall be required.
iv. Newly constructed detached ADUs for which permit requests are submitted on or after January 1, 2020, require compliance with 2019 Energy Code photovoltaic (PV) systems requirements.
c. The total number of allowed ADUs for existing multifamily developments is three or more, including up to twenty-five percent of the number of existing multifamily units as internal conversions plus up to two detached ADUs on each multifamily lot.
E. Location.
1. Subject to the requirements of this section, ADUs may be located on any lot in a single-family residential district (R-1, R-2), multifamily residential district (R-3, R-4), residential or commercial mixed-use district (RMU, CMU), or multifamily overlay district (MF); or in the commercial mixed-use district of the 23rd Street Specific Plan (SP1); or in the low density residential, medium density residential, high density residential, residential mixed-use, commercial mixed-use, mixed-use center north, and mixed-use center south districts of the San Pablo Avenue Specific Plan (SP2). Where associated with existing single-family or multiple-family residential development, ADUs and JADUs may also be located in the NC, CR, and IMU districts.
2. No subdivision rights are authorized that would result in the accessory dwelling unit being located on a separate lot from the primary dwelling.
F. Additional Development Standards.
1. Types of Accessory Dwelling Units. An ADU may be attached to a primary dwelling or detached from a primary dwelling.
a. If an ADU is attached to a primary dwelling, the ADU may consist of an internal conversion of an attached garage or other area within the primary dwelling unit and/or an addition to the primary dwelling unit.
b. If an ADU is detached from a primary dwelling unit, the ADU may be an internal conversion of a detached garage or other accessory building, or new construction. A detached ADU must be located on the same lot as the primary dwelling.
2. Required Yards.
a. An ADU must comply with all requirements relating to yards (front setbacks, side, and rear) and building height that are generally applicable to residential construction in the zone in which the property is located, except as otherwise provided in this section.
b. A setback is not required for an ADU that is an internal conversion or that is constructed in the same location and to the same dimensions as an existing building; provided, that the existing side and rear setbacks are sufficient for fire and safety.
c. A minimum setback of four feet from the side and rear lot lines is required for an ADU that is not an internal conversion and is not constructed in the same location and to the same dimensions as an existing building.
d. Notwithstanding the setback requirements set forth in subsections (F)(2)(a) and (c) of this section, a building separation of at least six feet between buildings shall be maintained, as required by the building code; provided, however, that this standard shall not prevent the development of an ADU that is eight hundred feet or less in area, complies with the applicable height requirements set forth in this section, and has at least four-foot side and rear yard setbacks.
3. Off-Street Parking.
a. A lot containing an ADU must provide at least one additional off-street parking space to serve the ADU, except as otherwise provided in this subsection as set forth below. The additional space(s) may be provided as tandem parking on a driveway or within a setback area, unless specific findings are made that parking in these locations is not feasible based on specific site or regional topographical or fire and life safety conditions.
b. Replacement parking spaces are not required if a garage, carport, or covered parking structure that provides off-street parking is demolished or converted in conjunction with the construction of an ADU.
c. No additional off-street parking is required for an ADU in any of the following instances:
i. The ADU is located within one-half mile walking distance of public transit, as defined by Government Code Section 65852.2.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is an internal conversion.
iv. A car share vehicle pickup location is within one block of the ADU. A “car share vehicle” has the same meaning as in Vehicle Code Section 22507.1.
v. When on-street parking permits are required but not offered to the occupant of the ADU.
4. Living Provisions. An ADU must provide complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. A JADU may share sanitation facilities with the primary residence.
5. Permanent Foundation. A permanent foundation is required for all ADUs.
6. Independent Access. An ADU must have independent exterior access separate from that of the primary dwelling unit.
7. Sewage and Water. ADUs shall be connected to sanitary sewer and water lines in accordance with local utility requirements. Verification that the standards have been met is required prior to final inspection. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.
G. Building Code Compliance. Notwithstanding any other provision of this section, ADUs shall be developed in compliance with Title 15, Buildings and Construction. Newly constructed detached ADUs and JADUs for which permit requests are submitted on or after January 1, 2020, require compliance with 2019 Energy Code photovoltaic (PV) systems requirements.
H. Occupancy Limits.
1. No ADU or JADU may be rented or offered for rent for a term of less than thirty days.
2. Where a JADU is added to a single-family residence, either the JADU or the single-family residence shall be owner-occupied, unless the owner is another governmental agency, land trust, or housing organization.
I. Deed Restrictions. Before obtaining a permit authorizing the establishment of an ADU or JADU, the applicant shall do the following:
1. Enter into an agreement of restrictions with the city that refers to the deed under which the property was acquired by the applicant and provides the following:
a. The ADU or JADU shall not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the maximum size allowed under the permit.
c. Where a JADU is added to a single-family residence, either the JADU or the single-family residence shall be owner-occupied, unless the owner is another governmental agency, land trust, or housing organization.
d. The restrictions are binding upon any successor in ownership of the property and lack of compliance may result in legal action by the city against the property owner.
2. Record the agreement with the county recorder.
3. Prepare a disclosure statement that shall be included in any future offer or sale documents. The statement shall read as follows:
You are purchasing a property with a permit for an (junior) accessory dwelling unit. This permit carries with it certain restrictions that must be met by the owner of the property. You are prohibited from selling the (junior) accessory dwelling unit separately. The (junior) accessory dwelling unit is restricted to the maximum size allowed under the permit. The (junior) accessory dwelling unit may not be rented or offered for rent for a term of less than 30 days. A copy of the permit is available from the current owner or from the City of San Pablo Community Department.
4. Notwithstanding subsections (I)(1) through (3) of this section, an ADU may be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:
a. The property was built or developed by a qualified nonprofit corporation.
b. There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in Section 402.1(a)(10) of the Revenue and Tax Code.
c. The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
i. The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies.
ii. A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the property if the buyer desires to sell or convey the property.
iii. A requirement that the qualified buyer occupy the property as the buyer’s principal residence.
iv. Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved for low-income housing for forty-five years for owner-occupied housing units and will be sold or resold to a qualified buyer.
d. A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county. A preliminary change of ownership report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
e. Notwithstanding subsection (I)(4)(d) of this section, if requested by a utility providing service to the primary residence, the ADU has a separate water, sewer, or electrical connection to that utility.
J. Nonconforming Structures. Notwithstanding the provisions of Section 17.08.040, if the existing primary dwelling unit is a legal nonconforming structure, an ADU or JADU may be constructed only if the nonconformity of the structure is not expanded and the ADU or JADU otherwise meets all current applicable zoning and building standards.
K. Delayed Enforcement of Building Standards. A property owner who receives a notice from the city to correct a violation of any building standard applicable to an ADU constructed prior to January 1, 2020, may submit to the chief building official a request to delay enforcement pursuant to Section 17980.12 of the Health and Safety Code. Such request shall be made in writing and shall include an explanation of the reason for the request. The chief building official shall review the request in accordance with Section 17980.12 of the Health and Safety Code, and shall not be required to grant any request pertaining to corrections that are necessary to protect health or safety.
L. Applications.
1. An application for an ADU permit must be submitted to the zoning administrator for plan check/zoning clearance before a building permit application is submitted to the city. An application for a JADU permit must be submitted in the same manner and form as an application for an ADU permit.
2. An application for an ADU permit must be made in writing and contain the following information. Individual adjustments to this list of requirements may be made by the zoning administrator in keeping with the general intent of this section.
a. Name(s) and address(es) of applicant(s) and property owner(s).
b. Address and assessor’s parcel number for the lot.
c. Size, indicating dimensions and square footage of the primary dwelling unit and the proposed accessory dwelling unit.
d. A legible scale drawing, showing:
i. A north arrow to indicate lot orientation.
ii. Lot dimensions and labels for all property lines.
iii. Siting and location of the primary dwelling unit and the proposed accessory dwelling unit.
iv. Floor plan configuration of the primary dwelling unit and the proposed accessory dwelling unit.
v. All other existing improvements, including driveways and parking areas.
vi. Exterior design of the primary dwelling unit and the proposed accessory dwelling unit. “Exterior design” includes exterior features, such as entrances, windows, and roof.
e. Color photographs of the primary dwelling unit and surrounding properties taken from each of the property lines of the project site.
f. Location and description of water and sanitary services for both the primary dwelling unit and the proposed accessory dwelling unit.
g. Property owner’s consent to physical inspection of the premises.
h. A written legal description of the property. (Ord. 2023-004 § 2, 2023; Ord. 2020-011 § 8, 2020; Ord. 2017-002 § 9, 2017: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.60.080 Emergency shelters.
A. Purpose. The purpose of this section is to facilitate and encourage the provision of emergency shelter for homeless persons and households by allowing permanent year-round emergency shelters without a conditional use permit or other discretionary action in the residential mixed-use (RMU) and regional commercial (CR) districts, subject only to the same development standards that apply to the other permitted uses in these zones, except for the requirements below unique to emergency shelters, as authorized by Government Code Section 65583(a)(4).
B. Additional Requirements for Emergency Shelters. In addition to the standards for the underlying zoning districts, the following requirements apply to emergency shelters:
1. The maximum number of beds or persons to be served nightly by an emergency shelter shall be thirty-five.
2. Off-street parking shall be based upon demonstrated need; provided, that parking for an emergency shelter shall not be more than that required for other residential or commercial uses permitted in the residential mixed-use (RMU) or regional commercial (CR) district as applicable.
3. Appropriately sized and located exterior and interior on-site waiting and intake areas shall be provided.
4. Appropriate exterior lighting shall be provided.
5. On-site management shall be provided.
6. Security shall be provided during the hours that the emergency shelter is in operation.
7. The maximum length of stay by a homeless person in an emergency shelter shall be six months.
8. An emergency shelter shall not be located within five hundred feet of another emergency shelter.
9. No individual or household shall be denied emergency shelter because of an inability to pay. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.60.090 Single-room occupancy (SRO).
A. Purpose. The purpose of this section is to facilitate and encourage the provision of affordable shelter for low-income persons with special housing needs by allowing SRO housing without a conditional use permit or other discretionary action in the residential mixed-use (RMU) and regional commercial (CR) districts, subject only to the same development standards that apply to the other permitted uses in these zones, except with additional requirements listed below.
B. Additional Requirements for SROs. In addition to the standards for the underlying zoning districts, the following requirements apply to SROs:
1. Occupancy. An SRO unit shall be occupied by a single person. Occupancy of SRO units may be restricted to seniors or be available to persons of all ages.
2. Special Development. Units in an SRO housing development shall consist of a single room and may have a private or shared bathroom. A shared common kitchen and activity area may also be provided.
3. Management Standard. On-site management shall be provided. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)