Chapter 17.20
RESIDENTIAL ZONES (ER), (LR), (LMR), (MR), (MHR), (HR)

Sections:

17.20.010    Purpose and intent.

17.20.020    Permitted uses and structures.

17.20.030    Property development regulations.

17.20.040    Specific requirements.

17.20.050    Density bonus.

17.20.060    Property maintenance regulations.

17.20.070    Off-street parking requirements.

17.20.080    Landscaping requirements.

17.20.010 Purpose and intent.

The residential zones are intended to implement the goals and objectives for single-family and multifamily residential development as established in the Solana Beach general plan. The individual zones which are required to implement the land use designations in the Solana Beach general plan are described as follows:

A. Estate Residential Zone (ER-1), (ER-2) – (zero to two dwelling units/net acre): These zones are intended for residential development in areas characterized by single-family homes on semirural estate lots of one-half acre or larger. The estate sized parcels help preserve the natural terrain and minimize grading requirements.

B. Low Residential Zone (LR) – (three dwelling units/net acre): This zone is intended for residential development in areas characterized by detached single-family homes on older subdivided lots. Within the scaled residential overlay zone (SROZ), development in the LR zone shall also be subject to the SROZ superseding development regulations (SBMC 17.48.040).

C. Low Medium Residential Zone (LMR) – (four dwelling units/net acre): This zone is intended for residential development in areas characterized primarily by detached single-family homes on both older and newer subdivided lots. Within the SROZ, development in the LMR zone shall also be subject to the SROZ superseding development regulations (SBMC 17.48.040).

D. Medium Residential Zone (MR) – (five to seven dwelling units/net acre): This zone is intended to provide for residential development in areas characterized primarily by detached single-family dwellings on older subdivided lots and two-family and multiple-family dwellings within newer, large lot, planned developments. Within the SROZ, development in the MR zone shall also be subject to the SROZ superseding development regulations (SBMC 17.48.040).

E. Medium High Residential Zone (MHR) – (eight to 12 dwelling units/net acre): This zone is intended for a wide range of residential development types including detached single-family and attached duplex units at the low end of the density range and multiple-family attached units at the higher end of the density range.

F. High Residential Zone (HR) – (13 to 20 dwelling units/net acre): This zone is intended for multiple-family attached units such as apartments and condominium buildings. Such areas are located in close proximity to major community facilities, commercial centers and transportation routes. It is intended that development in this zone utilize innovative site planning, and provide on-site recreational amenities. (Ord. 357 § 3, 2007; Ord. 185 § 2, 1993)

17.20.020 Permitted uses and structures.

A. Principal and Conditional Uses. The uses permitted in the residential zones shall be as indicated in SBMC 17.12.020 (Use Regulations Matrix) Table 17.12.020-A. Permitted, conditional, and prohibited uses are indicated as follows:

“P”	indicates that the use shall be a permitted use in the zone.
“PL”	indicates that the use shall be permitted subject to the limitations set forth in subsection B of this section.
“C”	indicates that the use is subject to a conditional use permit issued by the director of community development in accordance with SBMC 17.68.010 (Conditional Use Permits).
“CC”	indicates that the use is subject to a conditional use permit issued by the city council in accordance with SBMC 17.68.010 (Conditional Use Permits).
“E”	indicates that the use shall be prohibited within the zone.

In the event a use is not specifically listed in Table 17.12.020-A, the director of community development shall have the authority to categorize such use in accordance with the procedure outlined in SBMC 17.12.030 (Use Determination).

B. Use Limitations. The following limitations shall apply to the uses identified within the zones listed below:

1. (ER-1), (ER-2), (LR), (LMR), (MR), (MHR), (HR) Zones.

a. Home occupations shall be allowed as an accessory use in the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR), and (HR) zones subject to the requirements set forth in SBMC 17.20.040(A).

b. Garage sales shall be allowed as an accessory use in the (ER-1), (ER-2), (LR), (LMR),

(MR), (MHR), and (HR) zones subject to the requirements set forth in SBMC 17.20.040(Q).

c. Mobile home and manufactured housing on individual lots shall be permitted as a principal use in the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR), and (HR) zones subject to the requirements of SBMC 17.20.040(B).

d. Accessory dwelling units shall be allowed as an accessory use in the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR), and (HR) zones subject to the requirements set forth in SBMC 17.20.040(D).

C. Accessory Uses and Structures.

1. Accessory Uses Permitted. The following accessory uses and structures shall be permitted on the same lot or premises as the principal use, as set forth below:

a. Accessory uses as identified in subsection B of this section;

b. Horticultural and floricultural cultivation, orchard and vineyard crops, field crops, animal raising and retail nurseries in the (ER-1), (ER-2), and (LR) zones only pursuant to a conditional use permit and subject to the requirements set forth in SBMC 17.20.040(F);

c. Parking lots and/or garages to accommodate vehicles owned by residents, clients or guests of the principal or accessory use;

d. Greenhouses subject to the requirements set forth in SBMC 17.20.040(G);

e. Swimming pools, spas, and associated equipment subject to the requirements set forth in SBMC 17.20.040(K);

f. Outdoor recreational courts and facilities subject to the requirements set forth in SBMC 17.20.040(K);

g. Clubhouses and indoor recreational facilities;

h. Storage buildings and other auxiliary structures;

i. Signs in accordance with Chapter 17.64 SBMC.

2. Attached Accessory Structures Greater than 42 Inches in Height. Except as otherwise provided in subsection (C)(5) of this section, all attached accessory structures greater than 42 inches in height shall be made structurally a part of the principal structure, be composed of materials which are visually compatible with the principal structure and shall comply in all respects with the requirements applicable to the principal structure.

3. Detached Accessory Structures Greater than 42 Inches in Height. Except as otherwise provided in subsection (C)(5) of this section and SBMC 17.20.040 (Specific Requirements), detached accessory structures greater than 42 inches in height shall comply with all of the following requirements:

a. Accessory structures shall conform to all front and side yard setbacks.

b. Accessory structures may be located within a rear yard setback to within five feet of the rear property line. Such structures shall not occupy more than 30 percent of the required rear yard area nor more than one-third of the lot width, except for a maximum 24-foot wide by 20-foot deep garage on residential property on an alley adjacent to commercial property.

c. Accessory structures shall conform to all applicable height and daylight plane requirements set forth in SBMC 17.20.030(G) and (H) and shall not exceed a height of 12 feet where located within a rear yard setback.

d. A minimum separation distance of six feet shall be maintained between a detached accessory structure and the principal structure.

e. Accessory structures shall comply with all applicable fire, health, safety, and building provisions of this code.

4. Accessory Structures, 42 Inches or Less. Except as otherwise specifically prohibited by this title, attached or detached accessory structures 42 inches or less in height may be located within any rear or side yards.

5. Open Shade Structures. Lightweight, open shade structures such as canopies, awnings, arbors, and trellises shall be permitted within a required rear yard to within three feet of any property line and no minimum separation distance shall be required.

6. More than one principal structure may be permitted on a building site subject to the requirements of SBMC 17.20.030 (Property Development Regulations).

D. Temporary Uses and Structures. Temporary uses and structures shall be permitted in the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR), and (HR) zones pursuant to SBMC 17.60.010 (Temporary Uses and Structures).

E. Two-Unit Residential Developments. Two-unit residential developments shall be permitted in the (ER-1), (ER-2), (LR), and (LMR) zones pursuant to SBMC 17.20.040(R) (Two-Unit Residential Developments in Single-Family Zones). (Ord. 525 §§ 4, 5, 2023; Ord. 521 § 5, 2021; Ord. 248 § 1, 1998; Ord. 215 § 6, 1996; Ord. 185 § 2, 1993)

17.20.030 Property development regulations.

A. Minimum Lot Sizes and Dimensions.

1. The minimum lot sizes and dimensions for the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR), and (HR) zones shall be as follows:

 

Table 17.20.030-A
Minimum Lot Dimensions

Zone	Minimum Area in Sq. Ft.	Street Frontage	Width (interior)	Width (corner)	Depth
(ER-1)	40,000	100'	100'	105'	150'
(ER-2)	20,000	80'	80'	85'	150'
(LR)	14,000	65'	65'	70'	100'
(LMR)	10,000	60'	60'	65'	100'
(MR)
East of 101	6,000	60'	60'	65'	100'
West of 101	5,000	50'	50'	55'	100'
(MHR)	5,000	50'	50'	55'	100'
(HR)	10,000	60'	60'	65'	100'

For any lot which fronts on a turnaround or a curving street having a radius of curvature of less than 100 feet, the minimum frontage shall be reduced to 35 feet.

B. Density Regulations.

1. The maximum allowable densities for the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR), and (HR) zones shall be as follows:

 

Table 17.20.030-B
Maximum Dwelling Unit Density

Zone	As of Righta (base density)	With Development Review Permit
(ER-1)	1 du/net acreb	NA
(ER-2)	2 du/net acreb	NA
(LR)	3 du/net acreb	NA
(LMR)	4 du/net acreb	NA
(MR)	5 du/net acre	7 du/net acrec
(MHR)	8 du/net acre	12 du/net acrec
(HR)	13 du/net acre	20 du/net acrec

a. The permitted density in the situation where the minimum range cannot be met shall be the first whole number above the minimum of the range. In no instance, however, shall it exceed the maximum number permitted by the general plan and these zoning regulations (See Council Policy #7).

b. In the (ER-1), (ER-2), (LR), and (LMR) zones, no lot shall be occupied by more than one principal dwelling unit.

c. Densities exceeding the base density in excess of those permitted by subsection (a) of this table are allowable, up to the maximum density specified; provided the development is approved pursuant to a development review permit. The maximum density shall not be construed to be a “guaranteed right” and shall be granted only upon demonstration that the proposed development incorporates exemplary site planning and design and complies with all applicable zoning regulations and general plan objectives. Whenever the proposed density for a site is greater than that permitted by subsection (a) of this table, the increased density shall be justified by consideration of such matters as: superior project design; public facility availability; availability of public transportation; proximity to public recreation; proximity to public facilities or community amenities provided by the developer of the site; whether the increased density will assist the city in meeting its regional housing obligations and local housing goals; whether the increased density will adversely affect the neighborhood; or whether the increased density will assist the city in meeting other general plan goals and objectives.

2. The maximum number of units per lot or site shall be equal to the product of the total net area of the lot or site (expressed in acres) multiplied by the applicable density (Units = Lot Size in Acres x Dwelling Unit Density). A fractional density of 0.70 or more may be rounded up to the nearest whole number of dwelling units; provided the project incorporates superior design and site planning as set forth in subsection (B)(1) of this section. A fractional density of less than 0.70 shall be rounded down to the nearest whole number of dwelling units.

3. The net area of the site shall consist of those portions of the site exclusive of public rights-of-way for streets, railroad rights-of-way, utility easements for high voltage electrical transmission lines and undevelopable slopes, bluffs and sensitive lands as set forth in subsection (B)(4) of this section.

4. For subdivisions and multiple dwelling unit projects located in or in proximity to sensitive lands such as steep slopes, coastal bluffs and wetlands, the density otherwise established for the site shall be adjusted as follows:

 

Table 17.20.030-C
Density Adjustments for Sensitive Lands

Area Type	Density Adjustment Multiplier
Wetland Areas	0.00
Slopes less than 25% grade	1.00
Slopes 25% to 40% grade and not
also in another sensitive area*	0.50
Slopes greater than 40% grade	0.00
Slopes of 25% or greater grade:
1) Along coastal bluffs	0.00
2) Uplands adjoining San Elijo Lagoon	0.00

*Minimal development encroachment into 25 percent slopes is allowable pursuant to SBMC 17.48.020 (Hillside Overlay Zone).

5. State-mandated density bonus provisions shall be applicable to all projects, including projects of less than five units as prescribed in SBMC 17.20.050 (Density Bonus).

C. Minimum Floor Area. Each dwelling unit shall have a minimum gross floor area of 650 square feet.

D. Minimum Yard Dimensions (also see Lot Line and Yard Definitions).

1. Minimum yard dimensions for the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR), and (HR) zones shall be determined by the setback designator indicated on the city of Solana Beach official zoning map, on file with the city clerk and available at the department of community development. All yards shall be measured from the property line and/or road right-of-way as follows:

Table 17.20.030-D

Minimum Yards

(Note Footnote Clarifications)

Setback Designator	Front Yarda,b,e	Side Yard (Interior)c,f,g	Side Yard (Street)e	Rear Yardd
A	35'	15'	10'	50'
B	25'	10'	10'	40'
C	25'	10'	10'	25'
D	25'	5'	10'	25'

a. Pursuant to a development review permit, front yards for lots in the (MR) zone along the west side of Pacific Avenue may be reduced to 10 feet to compensate for required coastal bluff rear yard setbacks. Second stories shall be set back 15 feet from the street right-of-way. Garages shall be allowed within front yards; provided a five-foot minimum setback is maintained between the garage and the street right-of-way. Incremental variations in the first and second floor setbacks, not to exceed five feet, may be allowed; provided the average setback is maintained and no portion of the building is located within five feet of the right-of-way.

b. Where any lot has a depth of less than 100 feet or fronts on a public right-of-way 55 feet or greater in width, the minimum required front yard shall be reduced to 20 feet.

c. Pursuant to a development review permit, zero lot line units (attached or detached) having only one side yard may be permitted in the (LR), (LMR), and (MR) zones; provided:

1. The single interior side yard is at least twice the width of the required minimum interior side yard;

2. Required minimum interior side yards are provided alongside property lines which abut vacant or conventionally developed lots;

3. All other minimum yard requirements are observed.

d. Where any lot has a depth of less than 90 feet the minimum required rear yard shall be 15 feet.

e. All required front and street side yards shall be measured from the edge of the ultimate right-of-way.

f. A side lot line abutting an alley or private road easement shall be interpreted as an interior lot line.

g. On residential lots abutting a public street on one side and an alley on the opposite side, attached garages may be built in the yard adjacent to the alley in accordance with detached accessory structure standards contained in SBMC 17.20.020(C)(3).

2. Front yards on both streets shall be observed on all double frontage lots (through lots) except where access rights to one of the frontages has been relinquished in a manner acceptable to the city engineer, or where the rear lot line abuts an alley or private road easement.

3. In the (MR), (MHR) and (HR) zones, a minimum separation of 15 feet shall be required between all principal structures on the same lot, except when said structures are single-family detached units, in which instance the separation between structures may be no less than 10 feet.

4. Architectural features, such as eaves, awnings, canopies, bay windows and balconies may project into required yards a maximum distance of two feet; provided such appendages are supported only at, or behind, the building setback line.

5. Fireplace chimneys, fire escapes, exterior stairs and landings, and similar architectural features requiring ground contact may project into required yards a maximum distance of two feet; provided such feature shall be three feet from a property line.

E. Coastal and Inland Bluff Setbacks.

1. Coastal and Inland Bluffs.

a. Except as provided in subsection (E)(3) of this section, structures shall be set back a minimum of 40 feet from the top edge of any coastal bluff, or 15 feet from the top edge of any inland bluff (both natural or artificial); provided, however, dwelling structures may be built to within 25 feet of the top edge of a coastal bluff, based upon an engineering geology report prepared by a duly licensed engineering professional showing that: (1) the site is stable enough to support the development with the proposed bluff edge setback; and (2) that the development can be designed so that it will neither be subject to nor contribute to significant bluff instability for 70 years. All engineering geology reports must be prepared by a geologist selected by the applicant from the list of city qualified geologists on file with the planning department. An independent analysis of all geotechnical reports submitted pursuant to this subsection and subsection (E)(1)(b) of this section shall be prepared by a geologic consultant hired by the city, the cost of which shall be paid for by the applicant.

b. All development along a coastal bluff shall require an engineering geology report to be submitted in conjunction with the application.

c. All development along any inland bluffs shall require a soils report to be submitted in conjunction with the application. Where unstable conditions are indicated, but in the opinion of the city engineer are not sufficiently defined in the soils report, a preliminary engineering geology report shall also be required. The preliminary engineering geology report shall include the results of subsurface investigations sufficient to identify the nature and magnitude of such unstable conditions, and shall identify alternative mitigation measures that may be needed, including increased setbacks from the inland bluff edge.

2. Canyon Rim Above San Elijo Lagoon. Except as provided in subsection (E)(3) of this section, structures shall be set back 25 feet from the rim of the canyons adjoining San Elijo Lagoon, west of I-5. The city council may further modify these setback requirements through the review procedures established within the scenic area overlay zone, SBMC 17.48.010, as such overlay zone may be applicable.

3. Accessory Encroachments. For the purposes of determining bluff and canyon rim setbacks, swimming pools, spas, fences or walls in excess of 42 inches in height, decks with a floor height of more than 30 inches at the grade elevation, and similar accessory structures shall be considered structures. Encroachments of decks with a floor elevation of 30 inches or less or fences 42 inches or less in height may be permitted, but no closer than 15 feet from the top edge of the coastal bluff or five feet from the top edge of any inland bluff or canyon rim, except as follows. Fences of 42 inches or less in height, and constructed of durable lightweight materials such as chain link, wood, or wrought iron fencing with wood or pipe fence posts, but not concrete block, brick or concrete pillar construction, and built without the use of mechanized equipment may be constructed to within five feet of the top edge of a coastal bluff, or to the edge of an inland bluff or canyon rim; provided such fence does not impact bluff stability.

F. Maximum Floor Area Ratio.

1. The maximum floor area ratio for the (ER-1), (ER-2), (LR), (LMR), and (MR) zones shall be as follows:

(.60)    for the first 5,000 square feet of lot area.

(.30)    for each additional square foot of lot area between 5,000 square feet and 20,000 square feet.

(.15)    for each additional square foot of lot area above 20,000 square feet.

2. The maximum floor area ratio for the (ER-1), (ER-2), (LR), (LMR), (MR) and (MHR) zones may be increased pursuant to SBMC 17.68.030(C).

3. The maximum floor area ratio for the (MHR) and (HR) zones shall be (.75).

4. Courtyards, basements, and required parking within garages (200 square feet per space) shall be excluded from the calculation of floor area ratio.

G. Maximum Building Height.

1. The maximum building height for the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR) and (HR) residential zones shall be 25 feet subject to the daylight plane height limitation described in subsection H of this section.

2. Pursuant to a development review permit the maximum building height for the (MHR) and (HR) residential zones may be increased to 30 feet.

3. Pursuant to a conditional use permit, the city council may allow limited height increases to a maximum of 35 feet for civic uses in the (MHR) and (HR) residential zones when the proposed height increase is a necessary and/or required function of the specific civic use proposal.

4. For those areas where an additional setback is required for the second floor, no portion of the first story, including basements, shall exceed a height of 16 feet above the pre-existing or finished grade, whichever is lower.

H. Daylight Plane Height. Within the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR) and (HR) zones all new structures and structural additions shall be encouraged, but not required, to be designed to use a daylight plane beginning at a vertical height of 16 feet above any two designated setback lines and sloping toward the interior of the lot at a 30 degree angle (from horizontal) until the 25-foot height limit is reached. Applicable setback lines shall include any of the following combinations:

Architectural features, such as dormers or gables, may extend outside the building envelope into the daylight plane; provided, that the feature or combination of features measures no more than 15 feet in length at the point of intersection with the daylight plane. The 15-foot intrusion shall be allowed separately to the front, rear, and each side yard daylight planes. The daylight plane concept may be modified if necessary to minimize disturbance of sensitive lands, to avoid excessive grading and/or on unusually shaped lots without standard buildable areas.

I. Scaled Residential Overlay Zone. Development in the LR, LMR, and MR zones, within the scaled residential overlay zone (SROZ), shall also be subject to the SROZ superseding development regulations (SBMC 17.48.040). (Ord. 357 § 4, 2007; Ord. 299 § 1, 2003; Ord. 220 § 1, 1996; Ord. 215 §§ 1, 2, 1996; Ord. 194 § 1, 1994; Ord. 191 § 1, 1994; Ord. 185 § 2, 1993)

17.20.040 Specific requirements.

A. Home Occupations. Home occupations are permitted as accessory uses incidental to a residential use in all residential zones. All home occupations, except retail nurseries, shall conform to the following standards:

1. All products produced for sale must be hand manufactured or grown on the premises using only hand tools or small mechanical equipment. Electrical or mechanical equipment that creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or that creates noise not normally associated with residential uses shall be prohibited.

2. The on-premises sale of products which requires the presence of retail customers is prohibited. The on-premises performance of services which requires the presence of a client is permissible; provided not more than one client or client group is present on the premises at any one time.

3. There shall be no signs advertising the existence of the home occupation.

4. There shall be no exterior evidence of the conduct of a home occupation.

5. Only the residents of the dwelling unit and one additional full-time employee may engage in the home occupation.

6. The home occupation must not cause the elimination, or reduction in any manner, of required off-street parking.

7. The home occupation shall not cause vehicular or pedestrian traffic to the residence to exceed levels normally associated with the surrounding residential neighborhood.

8. Outdoor storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation is prohibited.

9. The home occupation must be consistent with, and not disruptive to, the normal residential usage of the premises nor cause external effects, such as increased noise, traffic, lighting or odors which are detrimental to neighboring properties or are incompatible with the characteristics of the residential zones.

B. Manufactured Housing and Mobile Homes. One mobile home or manufactured house is permitted on a lot in the (ER-1), (ER-2), (LR), (LMR), (MR), (MHR), and (HR) zones subject to all regulations of this chapter and the following additional requirements:

1. The structure has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) and has not been altered in violation of applicable codes.

2. The structure is occupied only as a single-family detached residential dwelling.

3. The structure is attached to a permanent foundation system in compliance with the provisions of Section 18551 of the state of California Health and Safety Code.

4. The structure is covered with an exterior material customarily used on conventional dwellings. The exterior material shall extend to the ground, except that when a skirt or solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

5. The structure has a roof pitch of not less than two inches vertical rise for each 12 inches of horizontal run and consists of shingles or other material customarily used for conventional dwellings.

6. Prior to installation of a mobile home on a permanent foundation system, the owner or a licensed contractor shall obtain a building permit from the department of community development. To obtain a permit, the owner or contractor shall comply with all requirements of Section 18551(a) of the Health and Safety Code.

C. Repealed by Ord. 470.

D. Accessory Dwelling Units. The purpose of this subsection is to provide regulations for the establishment of accessory dwelling units in residential zones and to define an approval process for such accessory dwelling units. The intent of this subsection is to provide opportunities for more affordable housing in areas where adequate public facilities and services are available, and impacts upon the residential neighborhoods directly affected would be minimized. It is the goal of the council that accessory dwelling units be equitably distributed throughout the city.

1. Junior and accessory dwelling units are residential uses consistent with the uses permitted in zones that allow for residential or mixed-use residential development.

2. All development standards contained in the underlying zoning district or overlay shall apply to accessory dwelling units unless they are inconsistent with the provisions of this subsection D, in which case the standards of this subsection D shall apply.

3. Junior and accessory dwelling units developed pursuant to the requirements of this subsection shall not cause the lot upon which the accessory dwelling unit is located to exceed the allowable density otherwise permitted for the lot. Therefore, the ADU/JADU shall not count as units when calculating density of the lot.

4. Junior and accessory dwelling units shall be permitted in zones which allow residential or mixed-use residential development and shall comply with the following standards:

a. A detached primary single-family dwelling unit shall exist or be proposed on the lot, or existing multifamily dwelling units shall exist on the lot.

b. The accessory dwelling unit may be created within the existing walls of a primary residence or accessory structure (an “interior” accessory unit), may be created by an addition attached to an existing or proposed primary residence (an “attached” accessory dwelling unit), or may be a new structure detached from the primary residence (a “detached” accessory dwelling unit). It must be located on the same lot as the existing or proposed single-family home or multifamily dwelling.

c. Any construction of a junior or accessory dwelling unit shall conform to all property development regulations of the zone in which the property is located including, but not limited to, height limits, setback, lot coverage, landscape, and floor area ratio (FAR), as well as all fire, health, safety and building provisions of this title, subject to the following exceptions:

i. No setback is required for an existing living area converted to a junior or accessory dwelling unit or for an existing accessory structure converted to an accessory dwelling unit, or for a new accessory dwelling unit constructed in the same location and built to the same dimensions as an existing structure.

ii. For all other accessory dwelling units, a minimum setback of four feet is required from the rear and side property lines.

iii. Limits on lot coverage, floor area ratio, open space, and size must permit at least an 800 square feet detached or attached accessory dwelling unit with four-foot side and rear yard setbacks, if the proposed accessory dwelling unit is in compliance with all other development standards.

iv. Architectural features, such as eaves, awnings, canopies, bay windows, and balconies attached to a junior or accessory dwelling unit may project two feet from the exterior side of the structure. These architectural features shall not be allowed to project into the required side or rear yard setback.

v. Attached or detached accessory structures (such as decks, patio covers, carports, and architectural features greater than two feet measured from the exterior side of the unit) associated with a junior or accessory dwelling unit shall comply to the underlying zoning regulations. These structures shall not project into the required side or rear yard setback nor be located on the roof.

d. No more than one junior accessory dwelling unit or one accessory dwelling unit shall be permitted per single-family lot, except as permitted in subsection (D)(5)(b) of this section.

e. For a junior accessory dwelling unit or an accessory dwelling unit, there shall be a separate entrance from the main entrance to the proposed or existing single-family residence.

f. The floor area of an attached or detached accessory dwelling unit shall not exceed 850 square feet for a studio or one bedroom or 1,000 square feet for a unit that contains more than one bedroom. No accessory dwelling unit may be smaller than the size required to allow an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.

g. A new structure or an addition to an existing structure for an accessory dwelling unit shall not exceed the following height limitations measured from pre-existing grade or finished grade, whichever is lower, to the highest point of the roof.

i. A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit.

ii. A height of 18 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, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height shall be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

iii. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

iv. A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not allow an accessory dwelling unit to exceed two stories.

h. Junior and accessory dwelling units shall only be used for rentals of terms of 30 consecutive days or more.

i. The following provisions are applicable to junior accessory dwelling units:

i. A junior accessory dwelling unit shall not exceed 500 square feet in size and shall contain at least an efficiency kitchen which includes cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.

ii. The junior accessory dwelling unit shall include access to sanitation facilities.

iii. Parking is not required for a junior accessory dwelling unit.

iv. One of the dwellings on the lot must be the bona fide principal residence of at least one legal owner of the lot, as evidenced at the time of approval and upon demand thereafter of the junior accessory dwelling unit by appropriate documents of title and residency.

v. Prior to issuance of a building permit for a junior accessory dwelling unit, the owner shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following:

(A) A prohibition on the separate ownership, sale, transfer, or other conveyance of the junior accessory dwelling unit separate from the sale of the single-family residence;

(B) A restriction on the size and attributes of the junior accessory dwelling unit consistent with this section;

(C) A prohibition against renting the junior accessory dwelling unit for fewer than 30 consecutive calendar days; and

(D) A requirement that either the primary residence or the junior accessory dwelling unit be the owner’s bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.

j. One off-street parking space shall be provided for the accessory dwelling unit, which may be provided as tandem parking on an existing driveway and shall be permitted in setback areas in locations determined by the director of community development or the director’s designee unless the director of community development or the director’s designee makes specific findings that parking in setback areas or tandem parking is not feasible based upon specific site topographical or fire and life safety conditions. No off-street parking shall be required for the accessory dwelling unit in any of the following instances:

i. The accessory dwelling unit is located within one-half mile walking distance of a public transit stop.

ii. The accessory dwelling unit is located within an architecturally and historically significant historic district.

iii. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

iv. The accessory dwelling unit is located in an area of the city where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

v. The accessory dwelling unit is located within one block of a car share vehicle pick-up location, as established by the city.

k. Design.

i. A junior accessory dwelling unit or accessory dwelling unit, whether attached or detached, shall utilize the same architectural style, exterior materials, and colors as the existing or proposed primary dwelling, and the quality of the materials shall be the same or exceed that of the primary dwelling.

ii. The primary entrance to the junior accessory dwelling unit or accessory dwelling unit shall not be visible from the street adjacent to the front yard setback.

iii. A minimum building separation of six feet shall be maintained (eave to eave) between the primary residence and a detached accessory dwelling unit. A minimum building separation of 10 feet shall be maintained (eave to eave) from the entrance of an accessory dwelling unit if it is facing the wall of another structure on the property.

iv. Accessory dwelling unit parking in setback areas visible from the street shall be screened by vegetation that has a maximum maturity height of 42 inches.

l. Except as provided in subsection (D)(4)(m) of this section, accessory dwelling units shall provide a new or separate utility connection directly between the accessory dwelling unit and the utility. The connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size in square feet or the number of its plumbing fixtures, upon the water or sewer system; provided, however, that this fee or charge shall not exceed the reasonable cost of providing this service. A sub-meter may be allowed to meet this requirement.

m. The installation of a new or separate utility connection directly between the accessory dwelling unit and the utility shall not be required, and a related connection fee or capacity charge shall not be imposed for the following:

i. Junior accessory dwelling unit.

ii. Accessory dwelling unit meeting the requirements of subsection (D)(5)(a) of this section.

n. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.

o. No impact fees may be imposed on a junior or accessory dwelling unit that is less than 750 square feet in size. For purposes of this section, “impact fees” include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges. For accessory dwelling units that have a floor area of 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.

5. The following types of accessory dwelling units are required to be permitted. Other accessory dwelling units, including attached and detached accessory dwelling units, are also permitted if they conform to the requirements of subsection (D)(4) of this section:

a. One junior accessory dwelling unit or accessory dwelling unit within the existing space of a single-family dwelling or accessory structure or the proposed space of a single-family structure, if all the following apply:

i. In an accessory structure an expansion beyond the existing physical structure is limited to 150 square feet and is permitted solely to accommodate ingress and egress.

ii. The unit has exterior access separate from the existing or proposed single-family dwelling.

iii. The side and rear setbacks are sufficient for fire and safety.

iv. Any junior accessory dwelling unit complies with subsection (D)(4)(i) of this section.

b. One new detached accessory dwelling unit not larger than 800 square feet or more than the height limitations allowed under subsection (D)(4)(g) of this section, with side and rear yard setbacks of at least four feet on a lot with an existing or proposed single-family dwelling. A junior accessory dwelling unit complying with subsection (D)(4)(i) of this section may be developed on the same lot.

c. Accessory dwelling units within the portions of an existing multifamily dwelling structure that are not used as livable space, provided that each unit complies with state building standards for dwellings. An accessory dwelling unit shall not be created within any portion of the habitable area of an existing dwelling unit in a multifamily structure. Up to 25 percent of the number of existing multifamily units in the building, but at least one unit, shall be allowed.

d. Up to two detached accessory dwelling units on a lot with an existing multifamily dwelling structure, provided that the height does not exceed the height limitations allowed under subsection (D)(4)(g) of this section and that four-foot side and rear yard setbacks are maintained.

6. Applications for junior and accessory dwelling units conforming to the requirements of subsection (D)(4) or (5) of this section shall be considered ministerially without discretionary review or a hearing, and the director of community development shall approve or deny such applications within 60 days after receiving a complete application. Incomplete applications will be returned with an explanation of what additional information is required. The city shall grant a delay in processing if requested by the applicant. If the permit application is submitted with a permit application to create a new single-family dwelling on the lot, the application for the junior or accessory dwelling unit shall not be acted upon until the application for the new single-family dwelling is approved, but thereafter shall be ministerially processed within 60 days of receipt of a complete application and approved if it meets the requirements of this section. Occupancy of the junior or accessory dwelling unit shall not be allowed until the city approves occupancy of the primary dwelling.

7. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with state law, the applicable provision of state law shall control, but all other provisions of this section shall remain in full force and effect.

8. The city may offer incentives to encourage development of accessory dwelling units. If owners of accessory units elect to record a 25-year deed restriction, consistent with state law, to rent the unit to lower income households, the city will consider waiving fees, reducing parking and development standards, or approving other forms of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. Receipt of such incentives shall require the owner to:

a. Rent the accessory dwelling unit to a low income household, as defined annually by the State Department of Housing and Community Development at a rate that shall not exceed an amount which is equal to 30 percent of the gross monthly income of a low-income household, at 80 percent of the San Diego County median income, adjusted for household size.

b. File an annual agreement with the city’s community development department documenting the household’s eligibility to occupy the accessory unit.

c. Record a covenant specifying the property restrictions on the accessory dwelling unit for the 25-year term.

d. Assign the covenant using a form of assignment and assumption approved by the director of community development in the director’s reasonable direction in the event that the property is transferred or sold.

E. Senior Citizen/Congregate Care Housing. Senior citizen/congregate care housing developments are subject to a conditional use permit issued by the city council in accordance with SBMC 17.68.010 and shall be constructed in the following manner:

1. A bus turnout and shelter on the on-site arterial frontage shall be dedicated if the project is located on a bus route as determined by the director.

2. Dial-a-ride transportation shuttles shall be provided; number to be determined during project review.

3. The parcel upon which the senior group housing facility is to be established shall conform to all standards of the underlying zone.

4. The senior group housing shall conform with all local, state, and federal requirements.

5. The number of dwelling units shall be based on Table 17.20.030-B (Maximum Dwelling Unit Density). A 25 percent density bonus shall be allowed for senior citizen/congregate care group housing projects which meet the minimum parcel size requirements for the underlying zone and all other requirements of this section. The density bonus shall be based on the allowable residential density for the zone as determined by Table 17.20.030-B.

6. The minimum floor area for each residential unit shall be as follows:

Studio:	410 square feet.
One-bedroom:	510 square feet if kitchen-dining-living areas are combined. 570 square feet if kitchen-dining-living areas are separate.
Two-bedroom:	610 square feet if kitchen-dining-living areas are combined. 670 square feet if kitchen-dining-living areas are separate.

7. The main pedestrian entrance to the development, common areas, and the parking facility shall be provided with handicapped access pursuant to The City of Solana Beach Off-Street Parking Design Manual.

8. Indoor common areas and living units shall be handicap adaptable and be provided with all necessary safety equipment (e.g., safety bars, etc.), as well as emergency signal/intercom systems as determined by the director.

9. Adequate internal and external lighting including walkways shall be provided for security purposes. The lighting shall be energy efficient, stationary, deflected away from adjacent properties and public rights-of-way, and of an intensity compatible with the residential neighborhood.

10. Common recreational and entertainment activity areas of a size and scale consistent with the number of living units shall be provided. The minimum size shall equal 100 square feet for each living unit.

11. Common laundry facilities of sufficient number and accessibility, consistent with the number of living units and the Uniform Building Code shall be provided. The facilities shall have keyed access for tenants only.

12. Each residential unit shall be plumbed and wired for a washing machine and dryer.

13. The development may provide one or more of the following specific internal common facilities for the exclusive use of the residents:

a. Central cooking and dining room(s).

b. Beauty and barber shop.

c. Small scale drug store not exceeding 1,000 square feet.

14. Off-street parking shall be provided in the following manner:

a. One covered parking space for each dwelling unit for the exclusive use of the senior citizen residents plus one space for every five units for guest parking.

b. Three parking spaces for every four dwelling units for employee and guest use for congregate care residences.

c. All off-street parking shall be located within 150 feet of the front door of the main entrance.

d. Adequate and suitably striped paved areas for shuttle parking. Shaded waiting areas shall be provided adjacent to the shuttle stops.

e. Design standards relating to handicapped parking, access, surfacing, striping, lighting, landscaping, shading, dimensional requirements, etc. shall be consistent with the standards outlined in The City of Solana Beach Off-Street Parking Design Manual.

f. Senior citizen/congregate care parking requirements may be adjusted on an individual project basis, subject to a parking study based on project location and proximity to services for senior citizens including but not limited to medical offices, shopping areas, mass transit, etc.

15. The project shall be designed to provide maximum security for residents, guests, and employees.

16. Trash and recyclable material receptacle(s) shall be provided on the premises. Trash receptacle(s) shall comply with the standards prescribed for residential zone uses (SBMC 17.20.040(L)). The receptacle(s) shall be located within close proximity to the residential units which they are intended to serve.

17. Residential occupancy shall be limited to single persons over 60 years of age or married couples of which one spouse is over 60 years of age.

18. Developers of senior citizen/congregate care housing which have a density larger than that allowed in the underlying zone, shall provide: (a) a marketing study which analyzes the long-term feasibility of the project and (b) a conversion plan for converting senior residential units to standard units, with a corresponding reduction in the number of units to equal the density allowed in the underlying zone if the project is not occupied by seniors 60 years of age or older. The feasibility study and conversion plan shall not be required if the project is sponsored by any government housing agency, or a nonprofit housing development corporation.

19. All parts of all structures shall be within 150 feet of paved access for single-story and 50 feet for multistory.

F. Agricultural Production and Retail Nurseries. Agricultural businesses including horticultural and floricultural cultivation, orchard and vineyard crop production, field crop production, animal raising, and retail plant nurseries shall be permitted in the (ER-1), (ER-2), and (LR) zones only, subject to a conditional use permit issued either by the director of community development or city council, pursuant to SBMC 17.12.020(A), Use Matrix, in accordance with the following standards:

1. No agricultural business, other than a home occupation consistent with the requirements of subsection A of this section, shall be located on a lot of less than 20,000 square feet.

2. On-premises retail sales shall be limited to horticultural, floricultural, and related products.

3. The use of electrical or mechanical equipment that creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or that creates noise not normally associated with residential uses shall be prohibited.

4. Signs advertising the existence of a retail nursery business shall be subject to the regulations of Chapter 17.64 SBMC (Comprehensive Sign Ordinance).

5. Only the owner or lessee of the premises or the operator of the business shall be permitted to live on the premises.

6. The agricultural or retail nursery business must not cause the elimination or reduction in any manner of required off-street parking.

7. The agricultural or retail nursery business shall not cause vehicular or pedestrian traffic to the residence to exceed levels normally associated with the surrounding residential neighborhood.

8. Outdoor storage or display of materials, goods, supplies, or equipment is prohibited in the front or street side yard setbacks except for nursery plant stock.

9. The agricultural business or retail nursery must be consistent with, and not disruptive to, the normal residential usage of the premises nor cause external effects, such as increased noise, traffic, lighting or odors which are detrimental to neighboring properties or are incompatible with the characteristics of the residential zones.

10. The use and storage of pesticides, fertilizers, and other toxic chemicals shall be consistent with all state and federal regulations.

11. Animal raising businesses, including the breeding, grazing, boarding or training of large or small animals including cats, dogs, horses, mules, donkeys, rabbits, chinchilla, nutria, hamsters, guinea pigs, cavy, chickens, birds, and other domestic or wild animals shall be subject to the provisions of subsection H of this section.

G. Greenhouses. Greenhouses shall be subject to all requirements for detached or attached accessory structures except where used for an agricultural or a retail nursery business, in which case such structures shall be exempt from rear yard coverage requirements.

H. Animals and Pets.

1. The keeping of animals out-of-doors accessory to a residential use shall be limited as follows:

Table 17.20.040-A
Animal Regulations, Residential Zones

Type of Animal		Minimum Site Area Required (square feet)	Minimum Site Area per Animal (square feet)	Maximum Number of Animals on any Site	Zones Allowed
(a)	Horses, mules, donkeys, ponies or other large animals*	20,000	10,000	6	ER-1, ER-2, LR
(b)	Goats, sheep, pigs, and other small animals*	20,000	10,000	6	ER-1, ER-2, LR
(c)	Cats	none	1,250	4	All Res. Zones
(d)	Dogs	none	1,250	4**	All Res. Zones
(e)	Chickens or other fowl	20,000	2,000	25	ER-1, ER-2, LR
(f)	Rodents or birds	none	1,000	25	All Res. Zones
(g)	Exotic or wild animals	as established by CUP			All Res. Zones
(h)	Apiaries	(not allowed in any residential zone)
*Definitions of large and small animals are contained in Chapter 17.08 SBMC (Definitions).
**The keeping of five or more dogs in a structure or facility is classified as a kennel [See description of Kennel, SBMC 17.12.010 (D), Use Classification and Regulations.]

a. The keeping of all exotic or wild animals shall be subject to a conditional use permit issued by the director of planning and community development.

b. Young animals born to a permitted animal kept on the site may be kept until such animals are weaned (small animals, four months; large animals, six months; horses, 12 months).

c. The number of household pets customarily permitted and kept within a dwelling, consistent with applicable city, state and federal regulations, is not regulated by this title.

2. The keeping of animals as an agricultural business pursuant to subsection F shall be limited as prescribed by Table 17.20.040-A, however, the requirements for minimum area per animal and maximum number of animals per site may be exceeded pursuant to the conditional use permit issued for the agricultural business.

3. All animals, except dogs and cats, must be kept in enclosures. Animal enclosures including pens, coops, hutches, stables, barns, corrals, and similar structures shall be subject to the following regulations:

a. All enclosures must be at least 35 feet from any residential dwelling, school, hospital, or church located on any adjoining parcel. The temporary keeping of animals in conjunction with 4-H, FFA or similar youth programs may be exempted from the minimum distance requirements for a period not to exceed one year with the written approval of surrounding property owners.

b. The keeping of animals, excluding household pets, shall not be permitted in the required front or street side yard setback areas unless the lot on which the animals are kept is larger than half an acre.

c. All enclosures shall be adequate to contain the animals and in all cases animals, including dogs, shall be contained within the boundaries of the property on which they are housed.

d. All excrement produced by animals shall be disposed of on a regular basis so as to control flies and odor.

e. The keeping of animals must be consistent with, and not disruptive to the normal residential usage of the premises, nor cause external effects such as noise or odors which are detrimental to neighboring properties or are incompatible with the characteristics of the residential zone.

I. External Effects. The following effects shall not be permitted to emanate beyond the boundaries of the premises upon which a permitted use is located:

1. Air contaminants including, but not limited to, smoke, charred paper, dust, soot, grime, carbon, noxious acids, fumes, gases, odors, or particulate matter, which endanger human health, or result in damage to vegetation or property, cause objectionable changes in temperature or cause soiling.

2. Loud, unnecessary or unusual noise which endangers health, peace or safety of others.

3. Objectionable direct or reflected glare.

4. Radiation or electrical disturbance which unduly interferes with the normal operation of equipment or instruments.

J. Usable Open Space Requirement. A minimum of 250 square feet of common usable open space shall be required for each unit in a multiple-family development as follows:

1. The usable open space shall consist of land not occupied by buildings, structures, streets, driveways or parking areas or any land proposed to be dedicated to the city as open space. Usable open space may, however, be occupied by recreational facilities pursuant to a development review permit.

2. All usable open space shall have a minimum area of 250 square feet and shall have no dimension less than 15 feet nor a slope greater than 10 percent.

3. Private open space such as patios, balconies and roof decks shall not be counted as usable open space.

4. All usable open space not occupied by recreational facilities shall be landscaped and provided with a permanent underground watering system. Drought-tolerant landscaping materials and water conserving irrigation systems shall be utilized to the maximum extent feasible.

K. Swimming Pools and Recreational Courts.

1. Swimming pools, tennis courts, basketball courts, or similar paved outdoor recreational courts shall not be located in any required front yard or street side yard, and shall be located at least three feet from any rear or side property line, except as provided below.

2. Upon issuance of a variance, swimming pools and spas may be located in a front yard or street side yard where the site configuration or conditions preclude any other location. In such case swimming pools and spas shall be located at least 10 feet from the front property line, and three feet from any rear, or side property line.

3. Outdoor night lighting of recreational courts shall not be permitted, except for: (a) multiple-family developments, pursuant to a planning director conditional use permit and (b) public facilities located outside designated “dark sky” areas (see SBMC 17.60.060, Exterior Lighting Regulations).

L. Trash and Recyclable Material Collection Areas.

1. Multiple-Family Developments. All multiple-family developments shall provide trash and recycling storage areas sufficient to contain all trash and recyclable materials produced on the site.

a. The exterior trash and recycling storage area shall be designed to accommodate the separation of recyclable materials consistent with current methods of collection.

b. The exterior trash and recycling storage area may be located outside of a building or within an enclosed portion of the building which is accessible to residents and haulers.

c. Exterior storage areas may be located in any required rear yard or interior side yard, but shall not be located in any required front yard, street side yard, any required parking or landscaped areas, or any other area required to be unencumbered in accordance with applicable fire, building, and public safety codes.

d. Exterior storage areas shall be screened from public view by solid walls, gates or fences with a minimum height of five feet or the height of the container, whichever is greater.

2. Single-Family Developments. All single-family residences shall have exterior trash and recycling storage areas screened from public view.

M. Equipment Screening. All mechanical equipment, whether on the roof, the side of the building, or the ground shall be screened. Such screening shall be architecturally compatible with the principal structure in terms of material, color, shape, and size. Where several pieces of equipment require screening, a continuous screen is preferable.

N. Satellite Dish and Other Antennas. Regulations for satellite dish and other antennas are prescribed in SBMC 17.60.120 (Satellite Dish and Other Antennas).

O. Fences, Walls, and Retaining Walls. No fence or wall shall be constructed which exceeds the following height limits above the pre-existing grade, except when the city council or director of community development, as a condition of approval of a discretionary matter under their jurisdiction, requires that a fence or a wall be constructed to a height greater than otherwise permitted by this paragraph in order to mitigate against potential adverse effects. On fill or cut slopes, the height of all fences, walls, retaining walls, or any combination thereof shall be measured above the level of the pre-existing grade:

1. Within required front and street side yards, no fence, wall, retaining wall or combination thereof shall be higher than 42 inches, except for the following:

a. An additional 24 inches of fence height (to a maximum height of 66 inches) shall be permitted; provided the additional portion of the fence is constructed of a material that is at least 80 percent open to light.

b. Posts located not less than five feet apart shall be permitted to a maximum height of five feet.

c. One walkway and one driveway architectural feature (such as an arbor, archway, or gate structure) shall be permitted for each full 100 feet of street or private easement frontage; provided one of each feature is allowed for properties with less than 100 feet of street or private easement frontage. Architectural features shall conform to the maximum dimensions and criteria indicated in Figures 2 and 3 below and are subject to confirmation by the city engineer that a safe sight distance is maintained.

d. A fence or wall of five feet may be permitted in the front yard setback to comply with safety requirements for a swimming pool or spa.

2. Within required rear and interior yards, no fence, wall or retaining wall or combination thereof shall be higher than six feet, except that an additional two feet of fence height shall be permitted (to a maximum total height of eight feet); provided the additional two feet of fence is constructed of a material that is at least 50 percent open to light and air. The additional two feet of fence may be solid if such fence is located in a required interior side yard or rear yard which abuts a nonresidential zone.

3. Within the buildable area (between the front, rear and side yard setbacks) the maximum height of a fence shall be 16 feet.

4. Outdoor recreation court fences may exceed six feet in height to a maximum height of 12 feet; provided such fences shall be located 10 feet from any rear or side property line.

For purposes of measuring fence height, see definition of “Fence”, Chapter 17.08 SBMC (Definitions).

P. Bluff Top Development. All structures on coastal and natural bluff top lots shall comply with the following:

1. Buildings and other structures shall be sited, designed and constructed so as to not obstruct views to and along the ocean and other scenic coastal areas from public vantage points.

2. The design and exterior appearance of buildings and other structures visible from public vantage points shall be protective of the natural scenic qualities of the bluffs.

3. Landscaping materials shall be installed and maintained so as to assure that neither during growing stages nor upon maturity will such materials obstruct views to and along the ocean and other scenic coastal areas from public vantage points.

4. Native and other drought-tolerant plant species shall be utilized in order to minimize irrigation requirements and to reduce potential slide hazards due to overwatering of the bluffs.

5. All drainage from the site shall be directed away from any bluff edge.

Q. Garage Sales. Garage sales shall be permitted in all residential zones subject to the following:

1. Garage sales shall not be conducted for more than two consecutive days, nor for more than six days within any calendar year.

2. No item, or any portion thereof, shall be displayed within the public right-of-way (includes street, parkway and sidewalk).

3. Signs advertising the garage sale shall be subject to the regulations of Chapter 17.64 SBMC (Comprehensive Sign Ordinance). No signs or attention-getting devices shall be permitted in the public right-of-way.

R. Two-Unit Residential Developments in Single-Family Zones.

1. Purpose and Findings.

a. The purpose of this subsection is to provide regulations for the establishment of two-unit residential developments in single-family residential zones and to define an approval process for such two-unit residential developments consistent with Government Code Section 65852.21, or any successor statute. The intent of this subsection is to provide opportunities for more housing in existing single-family residential zones as mandated by state law. It is also the goal to provide development standards to ensure the orderly development of these units in appropriate areas of the city.

b. Two-unit residential developments are residential uses consistent with the uses permitted in zones that allow for single-family residential development.

c. Government Code Section 65852.21 preempts the density limitations established by the general plan and the underlying zones in which two-unit residential developments created pursuant to the requirements of this subsection are permitted. Incompatibility with the city’s density limitations shall not provide a basis to deny a two-unit residential development that otherwise conforms to the requirements of this subsection.

2. A two-unit residential development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing meets all of the standards set forth below. For purposes of this subsection, a two-unit residential development contains two residential units if the development proposes two new units or if it proposes to add one new unit to one existing unit.

a. If a parcel includes an existing single-family home, one additional unit of not more than 825 square feet may be developed pursuant to this subsection. No more than 25 percent of the existing exterior structural walls shall be demolished to create the two-unit residential development, unless the existing single-family home has not been occupied by a tenant in the last three years.

b. If a parcel does not include an existing single-family home, or if an existing single-family home is proposed to be demolished in connection with the creation of a two-unit residential development, two units of not more than 825 square feet each may be developed pursuant to this subsection.

c. Each unit in a two-unit residential development shall be separated by a distance of at least 10 feet from any other structure on the parcel; however, units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow separate conveyance.

d. Unit Count. The following limitations apply to the number of units that may be created on a single parcel:

i. If a parcel was created subject to the urban lot split subdivision provisions of Chapter 16.48 SBMC, no more than two units – including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units in any combination – shall be permitted on a parcel.

(A) If a parcel was created subject to the urban lot split subdivision provisions of Chapter 16.48 SBMC and includes an existing or proposed two-unit development, then no accessory dwelling units or junior accessory dwelling units shall be permitted on the parcel.

(B) If a parcel was created subject to the urban lot split subdivision provisions of Chapter 16.48 SBMC and includes one primary dwelling unit only, then one accessory dwelling unit or one junior accessory dwelling unit for each primary dwelling unit is permitted.

ii. If a parcel was not created subject to the urban lot split subdivision provisions of Chapter 16.48 SBMC, no more than four units – including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units in any combination – shall be permitted on a parcel.

(A) If a parcel was not created subject to the urban lot split subdivision provisions of Chapter 16.48 SBMC and includes an existing or proposed two-unit development, then one accessory dwelling unit may be developed for each primary dwelling unit on the parcel.

(B) If a parcel was not created subject to the urban lot split subdivision provisions of Chapter 16.48 SBMC and includes a single primary dwelling unit, then one accessory dwelling unit and one junior accessory dwelling unit may be developed instead of a two-unit residential development.

3. A two-unit residential development shall be prohibited in each of the following circumstances:

a. The two-unit residential development would require demolition or alteration of any of the following types of housing:

i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

iii. Housing that has been occupied by a tenant in the last three years. An applicant for a two-unit residential development must demonstrate whether any existing housing on the parcel was owner occupied or vacant to director’s satisfaction.

b. The parcel subject to the proposed housing development is a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

c. The parcel subject to the proposed housing development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

d. If the two-unit residential development is on a parcel that is any of the following:

i. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

ii. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

iii. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subsection does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

iv. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

v. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

vi. Within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this subsection, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subsection if either of the following are met:

(A) The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

(B) The site meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

vii. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this subsection, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.

viii. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

ix. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

x. Lands under conservation easement.

e. If the two-unit residential development would cause there to be more than four total units – including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units – on any single parcel or on any two parcels that were created using the urban lot split subdivision provisions of Chapter 16.48 SBMC.

4. Any construction of a two-unit residential development shall conform to all property development regulations of the zone in which the property is located including, but not limited to, height limits, setback, lot coverage, landscape, and floor area ratio (FAR), as well as all fire, health, safety and building provisions of this title, subject to the following exceptions:

a. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. Verification of size and location of the existing and proposed structure by city staff requires the applicant to provide pre- and post-construction surveys by a California licensed land surveyor to the city’s satisfaction.

b. For all other dwelling units proposed in connection with a two-unit residential development, a minimum setback of four feet, or the applicable setback for the zone district, whichever is less, is required from the rear and side property lines.

c. Limits on lot coverage, floor area ratio, open space, and size must permit two units of 800 square feet each in connection with a two-unit residential development.

d. New dwelling units proposed in connection with a two-unit residential development shall not exceed 16 feet in height measured from preexisting grade or finished grade, whichever is lower, to the highest point of the roof.

e. For a two-unit residential development connected to an on-site wastewater treatment system, the applicant shall provide a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.

f. All dwelling units created in connection with a two-unit residential development shall have independent exterior access.

g. For applications that do not involve an urban lot split subdivision pursuant to Chapter 16.48 SBMC, one of the dwellings on the lot must be the bona fide principal residence of at least one legal owner of the lot containing the dwelling, as evidenced at the time of approval of the two-unit residential development by appropriate documents of title and residency. Prior to the issuance of a building permit, the applicant shall provide evidence that a covenant has been recorded stating that one of the dwelling units on the lot shall remain owner occupied.

h. Two-unit residential developments shall only be used for rentals of terms of longer than 30 days.

i. To ensure compliance with the provisions of the California Coastal Act of 1976, the following parking requirements apply:

(A) One off-street parking space shall be required for each residential unit.

(B) If a two-unit residential development replaces an existing garage or other required parking, replacement spaces shall be provided in accordance with the requirements of the underlying zone.

j. Design. When a two-unit residential development dwelling unit is proposed on a parcel with an existing single-family dwelling unit, the new unit shall utilize the same exterior materials and colors as the existing dwelling unit.

k. Two-unit residential developments shall provide a new separate gas, electric, and water utility connection directly between each dwelling unit and the utility. The connection may be subject to a connection fee or capacity charge.

l. Two-unit residential developments shall be required to provide fire sprinklers.

m. Two-unit residential developments shall be required to provide a solar photovoltaic (PV) system as an electricity source.

n. In no event shall grading pursuant to an application submitted under this chapter exceed 100 cubic yards.

5. Applications for two-unit residential developments located in the coastal zone must be submitted together with a copy of a valid coastal development permit issued by the California Coastal Commission.

6. Applications for two-unit residential developments conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing by the director of community development. Incomplete applications will be returned with an explanation of what additional information is required.

7. A proposed two-unit residential development may be denied if the director of community development makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

8. Prior to the issuance of a building permit for a two-unit residential development dwelling unit, the property owner shall record a covenant with the county recorder’s office, the form and content of which is satisfactory to the city attorney. The covenant shall notify future owners of the owner occupancy requirements, the approved size and attributes of the units, and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than four total units may be created on any single parcel or on any two parcels created using urban lot split subdivision procedures. If an urban lot split subdivision was approved, the covenant shall provide that no variances shall be permitted other than those code deviations expressly allowed by this chapter. This covenant shall remain in effect so long as a two-unit residential development exists on the parcel.

9. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with state law, the applicable provision of state law shall control, but all other provisions of this section shall remain in full force and effect. (Ord. 525 § 3, 2023; Ord. 521 § 2, 2021; Ord. 508 § 2, 2020; Ord. 470 §§ 2, 3, 2016; Ord. 307 § 1, 2003; Ord. 260 § 2, 2000; Ord. 191 § 1, 1994; Ord. 185 § 2, 1993)

17.20.050 Density bonus.

A. Purpose and Intent. The purpose of this section is to provide density bonuses or equivalent financial incentives for the provision of affordable housing pursuant to State Government Code Section 65915 and implement the housing element of the Solana Beach general plan. As provided in the Solana Beach general plan, it is further the intent of this section that such density bonus incentive apply to all housing developments of five dwelling units or more.

B. Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established by this section:

1. Additional Incentives. Such regulatory concessions as specified in California Government Code Sections 65915(d) and (k) to include, but not be limited to, the reduction of zoning ordinance requirements, approval of mixed use development in conjunction with the multifamily residential project, or any other regulatory incentives or concessions proposed by the developer or the city which result in identifiable, financially sufficient, and actual cost reductions, as discussed in subsection (E)(4) of this section.

2. Density Bonus. A density increase over the otherwise allowable maximum residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city.

3. Density Bonus Units. Those residential units granted pursuant to the provisions of this chapter which exceed the otherwise maximum residential density for the development site.

4. Housing Development. Construction projects for residential units with a minimum of five (5) residential units. “Housing development” also includes housing development as defined in Section 65915(j) of the California Government Code as the same may be amended from time to time, or any state law replacing Section 65915.

5. Lower Income Household. Households whose income does not exceed the lower income limits applicable to San Diego County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

6. Maximum Residential Density. The maximum number of residential units permitted by the City’s general plan land use element and zoning ordinance at the time of application, excluding the provisions of this chapter.

7. Moderate Income Household. Households whose income does not exceed the moderate income limits applicable to San Diego County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code.

8. Qualifying Resident. Senior citizens or other persons eligible to reside in a senior citizen housing developments.

9. Senior Citizen Housing Development. A project as defined by Section 51.3 of the Civil Code as the same may be amended from time to time, or any state law replacing Section 51.3.

10. Target Unit. A dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low income, lower income, or moderate income households, or qualifying residents.

11. Very Low Income Household. Households whose income does not exceed the very low income limits applicable to San Diego County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.

12. Waiver. A waiver or modification of a development standard that would physically preclude the construction of a housing development with the density bonus and incentives permitted by subsection D of this section. A development standard is a site or construction condition, such as a height limit or setback requirement.

C. Qualifying Developments. State Government Code Section 65915 provides for the granting of a density bonus when a developer of housing agrees to construct at least one of the following:

1. Ten percent (10%) of the total units of a housing development for lower income households;

2. Five percent (5%) of the total units of a housing development for very low income households;

3. A senior citizen housing development; or

4. Ten percent (10%) moderate income housing in a common interest development; provided, that all of the units in the development are offered to the public for purchase.

D. Density Bonus and Additional Incentives Allowed. A request for a density bonus and any additional incentive(s), parking reductions, or waivers shall be submitted with the first application for a discretionary approval required pursuant to Chapter 17.68 SBMC and processed concurrently with all other applications required under the applicable law. A density bonus request will be subject to the following provisions:

1. Base Density Bonus. For the purpose of this section, “density bonus” shall mean a density increase of twenty percent (20%), for senior citizen housing developments and for qualifying housing developments that have the requisite percentage of housing reserved for lower income households or very low income households, unless a lesser density bonus percentage is elected by the applicant, over the maximum residential density as determined by Table 17.20.030B. “Density bonus” also means a density increase of five percent (5%) for qualifying housing developments that have the requisite percentage of housing for moderate income households. When calculating the number of permitted density bonus units, any fractions of units shall be rounded to the next larger integer. When determining the number of target units, the density bonus shall not be included. When calculating the required number of target units, any resulting decimal shall be rounded to the next larger integer.

2. Additional Density Bonus. If an applicant exceeds the percentages set forth in subsection C of this section the applicant shall be entitled to an additional density bonus above 20 percent calculated as follows:

a. For each one percent (1%) increase above ten percent (10%) in the percentage of units affordable to lower income households, the density bonus shall be increased by one and one-half percent (1.5%), up to a maximum of thirty-five percent (35%) for the total project;

b. For each one percent (1%) increase above five percent (5%) in the percentage of units affordable to very low income households, the density bonus shall be increased by two and one-half percent (2.5%), up to a maximum of thirty-five percent (35%) for the total project;

c. For each one percent (1%) above ten percent (10%) in the percentage of units affordable to moderate income households, the density bonus shall be increased by one percent (1%), up to a maximum of thirty-five percent (35%) for the total project.

3. In cases where a density increase of less than 20 percent is requested, no reduction will be allowed in the number of target units required. Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low income units, low income units, or moderate income units, or the project’s status as a senior citizen housing development. Density bonuses from more than one category may not be combined.

4. Additional Incentives. An applicant for a qualifying development as set forth in subsection C of this section may submit a proposal for the following number of additional incentives:

a. One additional incentive for projects that include at least 10 percent of the total units for low income households, at least 5 percent for very low income households, or at least 10 percent for moderate income households in a common interest development where all units are offered for purchase.

b. Two additional incentives for projects that include at least 20 percent of the total units for low income households, at least 10 percent for very low income households, or at least 20 percent for moderate income households in a common interest development where all units are offered for purchase.

c. Three additional incentives for projects that include at least 30 percent of the total units for low income households, at least 15 percent for very low income households, or at least 30 percent for moderate income households in a common interest development where all units are offered for purchase.

5. Parking Reduction. An applicant for a qualifying development as set forth in subsection C of this section may request a vehicular parking ratio, including handicapped and guest parking, that does not exceed the following ratios:

a. Zero- to one-bedroom unit: one on-site parking space.

b. Two- to three-bedroom unit: two on-site parking spaces.

c. Four- or more bedroom unit: 2.5 on-site parking spaces.

On-site parking may include uncovered parking and tandem parking, but does not include on-street parking.

6. Land Donation, Child Care, and Condominium Conversion. An applicant may also submit a proposal for a density bonus and/or incentives for land donation, child care, and condominium conversion as permitted by Government Code Sections 65915 and 65915.5.

E. The procedures for implementing this section are as follows:

1. The density bonus provision shall not apply to senior citizen and senior congregate care housing projects that utilize alternative density bonus provisions contained in this title.

2. All residential developments are subject to and must satisfy the city’s inclusionary housing requirements (Chapter 17.70 SBMC), notwithstanding a developer’s request to process a residential development under other program requirements, laws or regulations.

Units reserved for very low income and/or lower income households to meet density bonus requirements may be used toward meeting inclusionary housing requirements.

3. Prior to the issuance of a building permit or approval of any final or parcel map for any dwelling unit in a development for which density bonus units have been awarded, or additional incentive(s), waivers, or parking reductions have been received, the developer shall submit documentation which identifies the target units and shall enter into a written agreement with the city to guarantee for 30 years their continued use and availability to very low income and lower income households or qualified residents as provided in Government Code Section 65915, or to guarantee for 45 years their continued use and availability to moderate income households. The agreement shall extend more than 30 or 45 years, as applicable, if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. The terms and conditions of the agreement shall run with the land which is to be developed, shall be binding upon the successor in interest of the developer, and shall be recorded in the office of the San Diego County recorder. The agreement shall include the following provisions:

a. The developer shall give the city an option to purchase or lease any or all of the designated units at their affordable price.

b. The deeds to the designated units shall contain a covenant stating that the developer or his/her successor in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer any interests for same without the written approval of the city confirming that the sales price of the units is consistent with the limits established for very low, lower, and moderate income households, which shall be related to increases in area median income published by State Department of Housing and Community Development.

c. The city shall have the authority to enter into other agreements with the developer or purchasers of the dwelling units or other agencies, as may be necessary to assure that the target units are continuously occupied by eligible households.

4. Target units shall be generally dispersed throughout a housing development and shall not differ in appearance from other units in the housing development.

F. Additional Incentive(s).

1. The city shall provide additional incentive(s), for qualified housing developments upon the written request of the developer, as permitted by subsection D of this section, unless the city makes a written finding that:

a. The additional incentive(s) is not required to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rent for the very low and lower income units to be set as defined by Section 50053 of the Health and Safety Code; or

b. The additional incentive(s) would have a specific adverse impact on public health and safety or the physical environment, as defined in Government Code Section 65589.5(d)(2), or on any property listed in the California Register of Historical Resources, and there is no feasible way to mitigate the adverse impact without making the housing development unaffordable to low and moderate income households; or

c. The additional incentive(s) would be contrary to state or federal law.

2. The additional incentive(s) may include, but is not limited to:

a. A reduction or modification of zoning ordinance requirements which exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 123 of the Health and Safety Code including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions.

b. Approval of mixed use development in conjunction with the housing development if commercial, office, industrial, or other land uses will reduce the cost of the development and if the project will be compatible internally as well as with the existing or planned development in the area where the proposed housing project will be located.

c. Other regulatory incentives or concessions proposed by the developer or the city which result in identifiable, financially sufficient, and actual cost reductions.

3. The city may offer an equivalent financial incentive in lieu of granting a density bonus and an additional incentive(s). However, nothing in this section requires the provision of direct financial incentives for the housing development by the city, including the provision of publicly owned land or the waiver of fees or dedication requirements.

4. Justification for Additional Incentive(s). An applicant requesting additional incentive(s) shall also show that the requested incentive(s) is required to provide for affordable housing costs by submitting a development pro forma with the capital costs, operating expenses, return on investment, profit/loss, loan-to-value ratio and the debt coverage ratio including the contribution(s) provided by any applicable subsidy program(s), and the economic effect created by the price, rent, and income restrictions on the affordable housing units. Documentation to support underlying assumptions shall be submitted by the applicant. The applicant is required to submit any additional documentation, as requested, to ascertain reasonable basis for assumptions.

G. Waivers.

1. The city shall approve requests for waivers of development standards if those development standards would physically preclude the construction of a housing development with the density bonus and additional incentive(s) permitted by subsection D of this section, unless the city makes a written finding that:

a. The development standard would not physically preclude the construction of a housing development with the density bonus and additional incentive(s) permitted by this section; or

b. The waiver would have a specific adverse impact on public health and safety or the physical environment, as defined in Government Code Section 65589.5(d)(2), and there is no feasible way to mitigate or avoid the adverse impact; or

c. The waiver would have an adverse impact on any property listed in the California Register of Historical Resources; or

d. The waiver would be contrary to state or federal law. (Ord. 392 § 1, 2009; Ord. 285 § 1, 2002; Ord. 261 § 1, 2000; Ord. 185 § 2, 1993)

17.20.060 Property maintenance regulations.

All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:

A. Dilapidated, deteriorating, or unrepaired structures, such as fences, roofs, doors, walls, and windows.

B. Accumulation of scrap lumber, junk, trash or debris.

C. Outdoor storage of junk cars or inoperative vehicles.

Additional regulations for property maintenance are set forth in Chapter 6.06 SBMC (Neighborhood Preservation). (Ord. 185 § 2, 1993)

17.20.070 Off-street parking requirements.

Parking and loading requirements shall be as prescribed in Chapter 17.52 SBMC. (Ord. 185 § 2, 1993)

17.20.080 Landscaping requirements.

Landscaping requirements shall be as prescribed in Chapter 17.56 SBMC. (Ord. 185 § 2, 1993)