Chapter 21.08 RESIDENTIAL ZONING DISTRICTS

§ 21.08.010 Purpose.

This chapter determines which land uses are allowed in each of the residential zoning districts established by Section 21.04.020 (Zoning districts established) of this title, what land use permit is required to establish each use, and the basic development standards that apply to allowed land uses in each district.

(Ord. 1308 § 5, 2000)

§ 21.08.020 Purposes of residential zoning districts.

The purposes of the individual residential zoning districts and the manner in which they are applied are as follows:

(1)

R1 (Single-Family Residential) District. The R1 zoning district applies to parcels appropriate for single-family dwellings. The maximum density is up to five dwelling units per net acre. The R1 zoning district is consistent with the low density residential land use designation of the general plan.

(2)

GH (Garden Homes) District. The GH zoning district applies to parcels appropriate for detached, single-family dwellings on smaller parcels. The maximum density is up to 10.8 dwelling units per acre. The GH zoning district is consistent with the low-medium density residential land use designation of the general plan.

(3)

R2 (Low Density Multiple Dwelling) District. The R2 zoning district applies to parcels appropriate for small lot single-family, two-family and multifamily residential dwelling units. The maximum density is up to 10 dwelling units per net acre. The R2 zoning district is consistent with the low-medium density residential land use designation of the general plan.

(4)

R3 (Medium Density Multiple Dwelling) District. The R3 zoning district applies to parcels appropriate for detached or attached residential units. The maximum density is 15 dwelling units per net acre. The R3 zoning district is consistent with the medium density residential land use designation of the general plan.

(5)

R4 (High Density Multiple Dwelling) District. The R4 zoning district applies to areas appropriate for higher intensity, multifamily residential units. The maximum density is 30 dwelling units per net acre. The R4 zoning district is consistent with the high density residential land use designation of the general plan.

(6)

R5 (Very High Density Multiple Dwelling) District. The R5 zoning district applies to areas appropriate for the city's highest intensity, multifamily residential units that promotes the development of affordable housing. The allowable density range is between 30 and 40 dwelling units per acre; for projects that reserve 50% or more of the units for lower income households, the maximum density is increased to 65 units per acre.

(Ord. 1308 § 5, 2000; Ord. 1604, 12/19/2023)

§ 21.08.030 Residential zoning district land uses and permit requirements.

Table 2-2 identifies the uses of land allowed by this title in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 21.06.030 (Allowable land uses and permit requirements) of this title.

Note: where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this title may also apply.

TABLE 2-2
PERMIT REQUIRED BY DISTRICT
Allowed Uses and Permit Requirements for Residential Zoning Districts			P CUP SUP —	Permitted Use Conditional Use Permit Required Special Use Permit Required Use Not Allowed
LAND USE ⁽¹⁾	R1	GH	R2	R3	R4	R5	Specific Use Regulations
RECREATION, EDUCATION, PUBLIC ASSEMBLY USES
Assembly uses	CUP	CUP	CUP	CUP	CUP	CUP
Private residential recreational facilities	CUP	CUP	CUP	CUP	CUP	CUP
Schools - private	CUP	CUP	CUP	CUP	CUP	CUP
RESIDENTIAL USES
Accessory dwelling units	P	P	P	P	P	P	21.08.055
Affordable housing	P	P	P	P	P	P
Cottage food operations	P	P	P	P	P	P	21.42.065
Duplexes	—	P	P	P	P	P
Group homes⁽³⁾ 6 or less residents	SUP	SUP	SUP	SUP	SUP		21.29.030 & 21.29.040
Group homes⁽³⁾⁽⁴⁾ 7 or more residents	—	CUP	CUP	CUP	CUP
Home businesses	P	P	P	P	P	P
Mobile home parks	—	—	—	CUP	CUP	CUP
Multifamily dwellings	—	—	CUP	CUP	CUP	CUP
Residential accessory uses and structures	P	P	P	P	P	P
Residential care home - large	CUP	CUP	CUP	CUP	CUP	CUP
Residential care home - small	P	P	P	P	P	P
Single-family dwellings	P	CUP	P	—	—	—
Supportive housing	P	P	P	P	P	P
Transitional housing	P	P	P	P	P	P
SERVICES
Adult day care - small	P	P	P	P	P	P	21.30.020
Child day care centers	CUP	CUP	CUP	CUP	CUP	CUP	21.30.020
Day care - large family day care homes	P	P	P	P	P	P	21.30.020
Day care - small family day care homes	P	P	P	P	P	P	21.30.020
Wireless telecommunications facilities⁽²⁾	Administrative wireless facilities permit⁽²⁾	—	—	—	—	—	21.28

Notes:
(1)	See Chapter 21.90 for land use definitions. See Section 21.02.020 regarding uses not listed.
(2)	Wireless telecommunication facilities are only allowed on church properties in the R1 zone subject to the requirements of Chapter 21.28. Wireless telecommunications facilities may also be permitted by a conditional use when the planning/building director determines that the project's complexity or the public interest warrants the referral.
(3)	Definition of group home in Section 4.35.010.
(4)	Per Ch. 4.35, Group Homes, an operator's permit is also required.

(Ord. 1308 § 5, 2000; Ord. 1362 § 3, 2004; Ord. 1497 § 3, 2014; Ord. 1510 § 5, 2016; Ord. 1523 § 5, 2017; Ord. 1527 § 5, 2017; Ord. 1589 § 4, 2022; Ord. 1604, 12/19/2023; Ord. 1607, 1/30/2024)

§ 21.08.040 Residential zoning district general development standards.

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed and/or established in compliance with the requirements in Tables 2-3 and 2-4 in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Chapters 21.16 through 21.30 of this title.

TABLE 2-3
RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS
Development Feature	Requirement by Zoning District
Development Feature	R1	GH
Minimum lot size	Minimum area, width, and depth for new parcels
Lot area	7,200 sq. ft.; 6,000 sq. ft. where authorized as a planned development, and in Tract No. 569	Minimum lot area = 1,800 sq. ft.
Lot width	60 ft.; 65 ft. for corner lots; 50 ft. in Tract No. 569; 45 ft. for cul-de-sac and knuckle lots	23 ft.
Lot depth	90 ft.	As approved by the commission
Maximum density ⁽¹⁾	5 dwellings per acre	10.8 dwellings per acre
Maximum number of dwelling units per parcel	1 unit per parcel. See Section 21.08.055 for accessory dwelling unit standards
Setbacks	Minimum setbacks required. See Section 21.18.090 for setback measurement, allowed projections into setbacks, and exceptions to required setbacks
Front	20 ft.	As determined by the commission
Sides (each)	5 ft.⁽²⁾/10 ft. street side	As determined by the commission
Rear	Single story = 10 ft. ⁽³⁾	As determined by the commission
Rear	Two story = 25 ft. or 20% of the average lot depth, whichever is less ⁽³⁾	As determined by the commission Minimum 320 sq. ft. private rear yard adjacent to each unit
Large through lots ⁽⁴⁾	Front: 20 ft. Side: 10 ft.; 15 ft. corner lots Rear: 25 ft. or 20% of the average lot depth, whichever is less	As determined by the commission
Height limit ⁽⁵⁾	30 ft./2 stories	30 ft./2 stories
Ratio of 2nd story building area to 1st story building	70%(6), (9)	As determined by the planning commission
Balconies and decks	Prohibited in side and rear yards when adjacent to other single-family homes⁽¹⁰⁾	As determined by the planning commission
Site coverage	60%; 50% on parcels of 10,000 sq. ft. or more	30% project building coverage. Maximum 11 units per structure
Floor area ratio ^(7),(8)	0.55 + 0.08 bonus (subject to Section 21.08.045)	0.5 + 0.08 (subject to Section 21.08.045)
Minimum floor area	As required by Table 2-4
Landscaping	As required by Section 21.20.040 (Landscape area requirements)
Parking	As required by Chapter 21.22 (Parking and Loading)
Attached garages	Maximum size: 2-car 450 sq. ft.; 3-car 650 sq. ft. ⁽¹¹⁾

Development Feature	Requirement by Zoning District
Development Feature	R2	R3	R4
Minimum lot size	Minimum area and width for parcels proposed in new subdivisions
Lot area	7,200 sq. ft.		10,000 sq. ft.
Lot width	60 ft.; 65 ft. for corner lots
Maximum density ⁽¹⁾	10.8 units per acre	15 units per acre	30 units per acre
Maximum number of dwelling units per parcel	1 unit per 3,600 sq. ft. of site area. See Section 21.08.055 for accessory dwelling unit standards.	1 unit per 2,904 sq. ft. of site area See Section 21.08.055 for accessory dwelling unit standards.	1 unit per 1,452 sq. ft. of site area. See Section 21.08.055 for accessory dwelling unit standards.
Setbacks required	Minimum setbacks required. See Section 21.18.090 for setback measurement, allowed projections into setbacks, and exceptions to required setbacks
Front	20 ft.
Sides (each)	5 ft.; 10 ft. corner lot
Between residential structures	20 ft., plus 5 ft. for second story; 15 ft. between side walls and front or rear of other buildings, plus 2.5 ft. for each additional story. See Section 21.08.050(B)
Second story	2-story nonresidential or multi-family structures shall be set back 25 ft. from an existing single-family development; 3-story or taller structures shall be set back from single-family residential a minimum of 100 ft.
Rear	25 ft. or 20% lot depth, whichever is less
Height limit ⁽⁵⁾	28 ft./2 story 35 ft./3 story
Site coverage	40%
Minimum floor area	As required by Table 2-4
Private open space—Multi-family units	100 sq. ft. per unit with no dimension smaller than 10 ft.
Landscaping	As required by Chapter 21.20 (Landscaping)
Parking	As required by Chapter 21.22 (Parking and Loading)

Development Feature	Requirement by Zoning District
	R5
Minimum lot size	Minimum area and width for new development projects
Lot area	1.0 acre
Lot width	N.A.
Floor area ratio (FAR)	N.A.
Site coverage	85%
Maximum density⁽¹⁾	40 units per acre
Variations of residential density	Variation from the maximum residential density is permitted as provided below: 65 units per acre for projects that reserve 50% of units or more for lower income households
Minimum density	30 units per acre
Setbacks	Minimum setbacks required on the ground floor from perimeter property lines of a project (does not include the sidewalk and curb)
Street Frontage	10 ft.
Interior property line (abutting nonresidential zone)	None (a maintenance agreement shall be recorded on the deed prior to issuance of the certificate of occupancy)
Interior property line (abutting residential zone)	Abutting R1/GH zone, one of following options: (1) 30 ft. with a min. step-back of 20 ft. above the height of 35 ft.; OR (2) 100 ft. setback with no step-back. Abutting R2, R3, R4, and R5 zones, 10 ft. setback with step-backs that do not protrude past a 45-degree daylight plane intersecting the property line 10 ft. above average grade. Interior setback areas may be counted toward private open space (not public open space requirement) when landscaped and designed for functional use by the residents.
Upper level step-back^(12)(14)	Upper level step-back of 15 ft. average of all street-facing upper floors above 35 ft. Exception: Average step-backs do not apply along interior property lines abutting R1/GH/R2/R3/R4 zones (see setbacks from interior property lines abutting residential zones).
Height limit⁽⁵⁾	5 stories and 55 ft.
Height modulation⁽¹³⁾	A square box is not an acceptable design and the modulation of the heights is required to provide visual interest and reduce the scale of building mass. Accordingly, a proposal shall include a building step-back on the street frontage and the two following elements:
Height modulation⁽¹³⁾ private and common open space	Height variation: a change in roof heights of at least 10 ft. every 150 linear ft.
	Corner: A ground level plaza or a prominent corner feature that is differentiated by height and design features from the primary massing of the building by a minimum of 10 ft. To qualify, corner feature shall have a measurement of at least 25 linear ft. in each direction.
	An average of 100 square feet per residential unit through any combination of the following: Private open space with no dimension smaller than 7 ft. Common open space with no dimension smaller than 20 ft.; a minimum of 20% of common open space must be landscaped with live drought tolerant plant material.
On-site amenities	One private amenity for the use of all residents shall be provided for each 25 residential units, plus one private amenity for any units beyond the last full increment of 25 units (e.g., a development with 51 units would be required to provide 3 private amenities). Multiple but separate amenities of the same type may be used to meet this requirement. Amenity features may include, but are not limited to: Indoor or outdoor recreation area; Gym/yoga studio; Swimming pool/hot tub; Lounge; Common area balcony or rooftop deck; Barbeque areas; Electronic game room; Similar non-required uses as determined by the director.
Façade and massing variation	Blank expanses of walls and lack of variation in the façade is not an acceptable design. Recesses and projections of the façade in combination with changes in colors, materials, and articulation create the desired quality and visual interest. In every building frontage, at least one of the following elements shall be incorporated:
Modulation	Major recess/projection of at least 2 ft. depth and 4 ft. in width every 150 linear ft. plus a minor recess/projection of at least 1 ft. depth and 2 ft. in width every 50 linear ft.
Delineated base, middle, top	Change in materials (acceptable street level materials include a preponderance of brick, wood, stone, or similar detailed materials. Above the first floor, no more than 80% of an elevation may be clad in EIFS or stucco); or Design that creates distinct vertical and horizontal visual separation through color, material, cornice trim, and/or awnings; or Upper level step-backs.
Building Separations⁽¹⁴⁾	A building separation shall be provided on each street facing building elevation of 250 linear feet or more through at least one of the following means: A building separation of an average width of 40 ft. and an average depth of 25 ft. with a minimum 1,200 sf of area that extends to the street level and is open to the sky; OR A building separation that begins at the second floor of an average width of 40 ft. and an average depth of 20 ft. that is open to the sky. The ground level floor within the separation area must be set back an average of 5 ft. from the main building façade.
Between separate structures	10 ft. min. with an average of 20 ft. except 15 ft. average between sidewalls and front or rear of other buildings. No setbacks are required between buildings with no openings on adjoining walls. See Section 21.08.050(b) for accessory structures.
Minimum residential storage areas	Each dwelling unit shall have a minimum of 200 cubic feet of individually enclosed, weatherproofed, and lockable storage space. Such space shall be for the sole use of the occupant of the dwelling unit and may be provided within individual storage lockers, cabinets, or closets within the garage area if neither the space nor the doors leading thereto overhang a parking space assigned to another unit. If storage areas are provided adjacent to private open space areas, the storage space cannot count toward the private open space requirement. Storage areas inside dwelling units must be separate from typical forms of interior storage including closets, pantries, linen closets, and kitchen/bathroom closets.
Landscaping	As required by Chapter 21.20 (Landscaping)
Parking	As required by Chapter 21.22 (Parking and Loading)
Mail Distribution	Mail distribution areas shall be well lit and secure but shall remain open to the tenants at all times.

Notes:
(1)	Maximum Number of Dwelling Units Allowed per Net Buildable Acre in a Single-Family Subdivision or Multi-Family Project. The actual number of units allowed is determined through the subdivision or land use permit process, as applicable.
(2)	Minimum 5-ft. side yard setback required for second story additions in zero lot line developments.
(3)	At least 1,000 sq. ft. of open area shall remain in the rear yard and subject to other requirements of Section 21.08.050 (Standards for specific land uses), subsection (b) (Accessory uses and structures).
(4)	These setbacks apply to parcels that are "through-lots" with an area greater than 10,000 sq. ft.
(5)	Maximum Allowed Height of Structures. See also Section 21.18.050 (Height measurement and height limit exceptions). No architectural features, windows, etc., above second story eave line.
(6)	Maximum wall height of 10 ft. for first story area used to meet 70% ratio requirement. The square footage of any vaulted ceiling area above the 10-ft. wall height shall be counted toward the second story area when calculating the 70% second to first story ratio.
(7)	For R1 purposes only, FAR is to be calculated on living area only, including living area for second dwelling units. Garage area is not part of the FAR calculations.
(8)	FARs for new subdivisions of 5 lots or more shall be determined by the commission.
(9)	The portion of a second story balcony or deck that is covered by a roofed structure shall be counted toward the 70% ratio.
(10)	Covered balconies, second story decks, and second floor open courtyards, where more than 50% of the perimeter walls of the covered balcony, second story deck, or second floor open courtyard are enclosed, shall count towards the maximum FAR.
(11)	Garages in excess of the maximum size requirements shall have the additional square footage counted toward the maximum FAR. Ancillary uses such as workshops, laundry facilities, and storage may be included in the maximum garage area as long as the primary purpose of the garage, which is for vehicle storage, is maintained.
(12)	Step-backs: the minimum distance that the main exterior walls of the upper portion of a building that is located above 35 feet are set back from the exterior wall of the lower portion of the building.
(13)	Elevator and stair overruns shall not be counted as part of the roofline modulation.
(14)	For purposes of measuring averages used in this chapter (setbacks, step-backs, building separations, open areas), measurements shall be taken from the exterior wall of the main habitable building and shall not be measured from the edges of covered and uncovered balconies, porches, and decks, nor measured from the edges of canopies, awnings, non-habitable architectural projections, and similar features.

TABLE 2-4
MINIMUM RESIDENTIAL FLOOR AREA REQUIREMENTS
Dwelling Size	Minimum Area by District
Dwelling Size	R1, GH (1)	R2, R3, R4 (2)
Studio	N/A	500
1 bedroom	1,150	750
2 bedrooms	1,225	950
3 bedrooms	1,400	1,150

Notes:
(1)	In tract No. 569, an additional 100 sq. ft. per additional bedroom is required for more than 4 bedrooms.
(2)	For more than 3 bedrooms, an additional 100 sq. ft. per additional bedroom is required.

(Ord. 1308 § 5, 2000; Ord. 1380 § 3, 2006; Ord. 1459 § 4, 2010; Ord. 1461 § 4, 2011; Ord. 1463 § 3, 2011; Ord. 1476 § 6, 2012; Ord. 1514 § 4, 2016; Ord. 1527 § 6, 2017; Ord. 1548 § 4, 2019; Ord. 1573 § 4, 2021; Ord. 1604, 12/19/2023)

§ 21.08.045 Floor area bonus.

There are certain architectural and design features that promote neighborhood compatibility, reduce building massing, and protect privacy in single-family neighborhoods. When the following specific design elements are incorporated into the home design, the allowable floor area ratio may be increased from 0.55 to a maximum of 0.63, provided a mailed courtesy notice is provided to adjoining owners, unless the planning/building director determines within ten days of the receipt of such plans that the plan will adversely affect an adjoining property due to an unusual design feature. Each design element has a corresponding FAR bonus, which is cumulatively added to base 0.50 FAR. In no case may the allowable FAR exceed 0.63.

Design Element	FAR Bonus
Second story façade must be set back a minimum of 10 ft. (as measured from the exterior of the wall) directly behind dominant (meaning longest in linear feet) first story façade. To qualify for this FAR bonus, the width of the second story façade, that is set back 10 ft. behind the first story façade, must be more than ½ the width of the entire house. The second story façade includes any building area including the exterior wall of the house, a second story balcony (covered or not), a second story deck (covered or not), or a second story open courtyard.	0.02
Ratio of second story building area to first story building area: decreased to 60% decreased to 50%	0.02 0.03
Increase required side yard setback by an additional 5 ft. for both the first and second floor.	0.01 per side yard
Variations of roof lines, building height, and pitches on the first and second floors, visible from all adjoining streets.	0.01

(Ord. 1380 § 4, 2006; Ord. 1476 § 4, 2012; Ord. 1548 § 5, 2019; Ord. 1573 § 4, 2021)

§ 21.08.050 Standards for specific land uses.

(a)

Affordable Housing Density Bonus Incentives.

(1)

Purpose. The purpose of this section is to provide incentives for the production of affordable housing, senior housing, housing for transitional foster youth, disabled veterans, or homeless persons, or construction of a child care facility located on the premises of, as part of, or adjacent to a qualifying density bonus project in compliance with State Government Code Section 65915 et seq., regarding density bonuses and other incentives.

(2)

Qualified Project. To qualify for a density bonus and concessions or other incentives, the developer of a proposed housing project of at least five units, must provide housing units affordable to certain income households, donate land, provide housing units to transitional foster youth, disabled veterans, or homeless persons, construct a child day care facility located on the premises of, as part of, or adjacent to a qualifying density bonus project, or provide qualifying senior housing pursuant to State Government Code Section 65915 et seq.

(3)

Application and Review Process.

(A)

Preliminary Application. A developer of a qualified housing project, senior housing project, housing for transitional foster youth, disabled veterans, or homeless persons, or construction of a child care facility located on the premises of, as part of, or adjacent to a qualifying density bonus project may submit a preliminary application pursuant to this article prior to the submittal of any formal requests for approvals for a housing project development.

Within thirty days of receipt of the application, the planning department shall provide to the applicant the procedures for compliance with this section, a copy of this section and related policies, the pertinent sections of the state codes to which reference is made in this section, and an application.

(B)

Submittal. The completed formal application shall include the following information.

(i)

A legal description of the total site proposed for development including a statement of present ownership and present and proposed zoning.

(ii)

A letter signed by the present owner stating how the project will comply with California Government Code Section 65915 et seq., and stating what is being requested of the city, e.g., density bonus and specific concessions or incentives.

(iii)

A pro-forma for the proposed project to justify the requested concession or incentive and to establish the land valuation per dwelling unit of bonus units. The applicant shall show that any requested waiver or reduction of a development standard is necessary to make the housing units economically feasible.

(iv)

A management plan for complying with the maintenance of the designated units regarding income qualification documentation and rent or sale price documentation.

(v)

Site plan and supporting plans per the planning application submittal requirements.

(C)

Review. The review of an application for a density bonus and concession or incentive request shall be processed as a planning application pursuant to Chapter 21.32 of the municipal code. The planning department shall review the application for its conformance with California Government Code Section 65915 et seq., and applicable city codes and make a report to the planning commission. If the application involves a request for direct financial incentives, then any action by the planning commission on the application shall be advisory only, and the city council shall have the authority to make the final decision on the application.

(b)

Accessory Uses and Structures. This section provides standards for accessory uses and structures allowed in the applicable zoning district (see Section 21.08.030, Residential zoning district land uses and permit requirements), subject to the following criteria and standards:

(1)

Relationship of Accessory Use to the Main Use. Accessory uses and structures shall be incidental to and not alter the residential character of the site.

(2)

Attached Structures. An attached accessory structure shall:

(A)

Be compatible with, and made structurally a part of the main structure (e.g., share a common wall with the main structure, rely partially on the main structure for structural support or be attached to the main structure);

(B)

Comply with the requirements of this title applicable to the main structure, including height, lot coverage and setbacks;

(C)

Be compatible with the materials and color of the main structure whenever feasible.

(3)

Detached Structures.

(A)

The floor area of any one detached accessory structure shall not exceed forty percent of the required rear yard area. The total floor area(s) of all detached accessory structures shall not exceed fifty percent of the required rear yard area;

(B)

A minimum of one thousand square feet shall be maintained as rear yard open space for single-family detached uses;

(C)

Detached accessory structures shall not exceed a height of six to ten feet within five feet of a rear or side property line, or a height of fifteen feet within ten feet of a rear or side property line;

(D)

Detached accessory structures shall be compatible with the materials and color of the main structure whenever feasible.

(4)

Setback Requirements. Setbacks shall be in compliance with Table 2-5 (Required setbacks—Accessory residential uses and structures) of this section.

TABLE 2-5
REQUIRED SETBACKS - ACCESSORY RESIDENTIAL USES AND STRUCTURES
Accessory Structure	Type of Setback^1, ²	Required Setback
Single-Family Homes
Garage³, gazebo, greenhouse, patio cover⁴, storage shed, workshop or similar accessory structure (more than 120 sq. ft.)	Sides and rear	5 ft.
	Street side	As required for the main structure.
Swimming pool, spa, fish pond⁵, permanently installed outdoor play equipment	Sides and rear	5 ft.
	Street side	10 ft.
Air conditioning equipment, pool and spa equipment	Sides	3 ft. or 18 in. if located behind main structure
	Street side	5 ft.
	Rear	18 in.
Multi-Family
Garage, gazebo, greenhouse, patio cover, storage shed, workshop	Sides, street side	As required for main structure
	Rear	As required for main structure
Swimming pool, spa, fish pond⁵, outdoor play equipment	Sides	5 ft.
	Street side	10 ft.
	Rear	5 ft.

Notes:
(1)	Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the planning director.
(2)	On reverse corner lots, accessory structures located in the required rear yard within 25 ft. of the street side property line shall be set back five ft. from the rear property line.
(3)	Garages on corner or reverse corner lots shall not be built closer than 20 ft. to any street side property line.
(4)	For attached patio covers and patio enclosures, the minimum required setbacks are:
	(a)	20 ft. from front property line,
	(b)	5 ft. from side property line,
	(c)	20% of the lot depth or 25 ft., whichever is less from the rear property line.
	Exception: Patio covers with a width less than 50 percent of the total lot width may have a 10-ft. minimum rear setback. For detached patio co-vers and patio enclosures, the minimum required setbacks are:
		(i)	20 ft. from front property line;
		(ii)	10 ft. from house;
		(iii)	5 ft. from side and rear property lines.
(5)	Ponds less than 18 in. in depth shall be allowed within the front setback area.

(c)

Multi-Family Uses—Separation Between Buildings and Adjoining Properties. This section provides locational standards for multi-family residential dwellings, in compliance with Chapters 21.04 through 21.14 of this title, which shall be subject to the following standards and criteria:

(1)

Separation Between Facing Front Walls. Opposing front walls of multi-family residential dwellings shall be separated by a minimum of twenty-five feet for a one-story structure, measured from the nearest points of exterior walls, with an additional five feet of separation provided for every additional one story in height.

(2)

Separation Between Facing Rear Walls. Opposing rear walls of multi-family residential dwellings shall be separated by a minimum of twenty feet for a one-story structure, measured from the nearest points of exterior walls, with an additional five feet of separation provided for every additional one story in height.

(3)

Separation Between End Walls and Facing Front or Rear Walls. Rear or front walls facing an end wall of a separate multi-family residential dwelling shall be separated by a minimum of fifteen feet for a one-story structure, measured from the nearest points of exterior walls, with an additional two and one-half feet of separation provided for every additional one story in height.

(4)

Separation for Obliquely Aligned Structures. To accommodate facing multi-family residential dwellings which are obliquely aligned, the distances provided in subsections (a), (b), and (c) of this section may be decreased by a maximum of five feet at one corner of the subject facing wall, if increased by a similar or greater distance at the opposite corner of the facing wall.

(5)

Separation from Single-Family Dwellings.

(A)

Multi-family residential dwellings two stories in height or greater shall be set back a minimum of 100 feet from existing single-family residential uses.

(B)

Multi-family residential parking facilities, single-story structures and landscaping are allowed within 100 feet of existing single-family residential uses.

(d)

Setback Requirements for Specific Structures.

(1)

Detached decks, with or without hand rails, freestanding solar devices, steps, terraces and other site design elements that are placed directly upon the finish grade, and which equal or exceed a height of eighteen inches above the surrounding finish grade at any point, shall conform to the setback requirements identified in Chapters 21.04 through 21.14 of this title for detached accessory structures.

(2)

Swimming Pools, Spas and Hot Tubs.

(A)

Outdoor swimming pools (above-ground or in-ground), spas, hot tubs and all related equipment shall be located a minimum of five feet measured from any property line or primary structure to the water line. Related equipment may be located within 18 inches of side and rear property lines when located a minimum of five feet from the main dwelling and 10 feet from a neighbor's dwelling.

(B)

Swimming pools, spas, hot tubs, other similar water features and all related equipment shall be fenced in compliance with the Uniform Building Code.

(e)

Single-Story Room Additions/Enclosed Patio Structures. Single-story room additions, including screened and/or enclosed patio structures, may be located within a required rear yard in compliance with the following:

(1)

Minimum distance of 10 feet from the rear property line shall be maintained;

(2)

Width of the room addition shall not exceed 50% of the average lot width;

(3)

Required rear yard area shall be a minimum of 1,000 square feet, including swimming pools, spas, patios, deck and other similar features;

(4)

Total footprint square footage of the primary structure and the room addition shall not exceed 45% of the total lot area;

(5)

Architectural style and materials of the room addition, including roof, shall be compatible with the primary structure.

(f)

Detached Accessory Structures. Detached accessory structures may be located within a required rear yard provided:

(1)

Minimum distance of 10 feet is maintained from the primary structure;

(2)

Minimum distance of five feet is maintained to a side or rear property line;

(3)

Not located within 20 feet of the rear property line on a through lot;

(4)

Not located in the required exterior side yard of a back-to-back corner lot;

(5)

Not to exceed a height of 15 feet;

(6)

Where a corner lot has a rear to side relationship with a key lot, a minimum distance equal to the key lot side yard setback shall be maintained from the rear property line and street of the corner lot.

(g)

Unenclosed Patio Structures. Screened unenclosed patio structures may be located within a required rear yard provided the following:

(1)

Minimum distance of 10 feet from the rear property line is maintained;

(2)

Width of the unenclosed patio structure does not exceed 50% of the average lot width.

(h)

Multi-Family Uses in the R5 Zone.

(1)

Laundry Facilities. Laundry facilities shall be provided for the residential development. Common laundry facilities for the exclusive use of the residents shall be provided on site unless laundry facilities are provided within each unit. Common laundry facilities shall be secure and well lit from dusk until dawn. Washers and dryers shall be provided at the following ratios:

(A)

One washer and dryer for every 15 units where hook ups are not provided in each individual unit.

(B)

One each washer and dryer for every 25 units where hook ups are provided in each individual unit.

(2)

Refuse/Recycling/Organics Collection.

(A)

Per Section 21.18.100 except as noted herein or as shown in an approved trash management plan prepared by a professional trash management company.

(B)

Trash collection shall be within enclosures so that trash bins are not visible. Trash chutes shall be placed in enclosed rooms with design consideration to minimize odors and noise. Trash bins shall be stored in an enclosed space except for trash pickup days. When trash chutes are utilized, the trash collection areas do not need to be located within a minimum distance from the doorway of the dwellings that they are intended to serve.

(C)

Refuse/recycling/organics collection bins shall be stored in an enclosed space except for trash pickup days. On trash pickup days, bin collection shall occur on site or within newly created loading, drop off and pullout areas outside of the required public street and shall be located in areas that minimize noise impacts to residents. Bin collection areas shall not be located in required parking spaces and open space, or block vehicular access, bus stops, pedestrian access, deceleration lanes, and access to residential amenities.

(D)

Trash, recycling and organics storage areas must be covered or stored under a structure to prevent stormwater from coming in contact with the containers or the interior of storage area.

(E)

A trash, recycling and organics storage area may be located below grade if the access ramp does not exceed 15%, and the minimum clearance at every point along the path of access is seven feet. These requirements do not apply if the said trash, recycling and organics area is otherwise serviced by freight elevators.

(F)

The trash, recycling and organics storage area shall be maintained in a good state of repair at all times.

(G)

All trash, recycling and organics containers shall be stored in the designated storage area. No one shall store trash, rubbish or containers for trash, recycling or organics in any building, open area or any other area outside the designated storage area.

(3)

Residential Bicycle Storage Areas. Secure, adequate and convenient storage shall be provided for the tenant's bicycles. Provide secure bicycle parking for five percent of the tenant-occupant vehicular parking spaces with a minimum of one bicycle parking facility. Acceptable bicycle parking includes covered, lockable enclosures with permanently anchored racks for bicycles; lockable bicycle rooms with permanently anchored racks; or lockable, permanently anchored bicycle lockers.

(4)

Property Management. Management office(s) shall be mandatory for multifamily developments of 10 or more units and shall be staffed daily and be located at a main, visible point within a multifamily project.

(5)

Encroachments. The following may encroach into the required setbacks and step-backs in the R-5 zones:

(A)

On the roof of a lower floor created by a required step-back: decks to the edge of the lower floor's main building wall.

(B)

Unenclosed ground level porches: eight-foot encroachment.

(C)

Non-habitable cantilevered architectural features from the exterior building wall of the main structure, including canopies, awnings, cornices, and eaves, may extend up to five feet into required setbacks and step-backs. On the ground floor facing a street, these features may extend 10 feet into the required setbacks but in no case into the public right-of-way.

(D)

Private open space is permitted in interior setbacks.

(E)

Mechanical, fire safety and electrical equipment when screened/camouflaged unless approved otherwise based on written requirements of the controlling agency.

(F)

No more than 40% of balconies shall extend beyond the main habitable building wall of each elevation and the maximum projections shall be 25% of the balconies' full depth. All other balconies shall be recessed behind the main habitable building wall of each elevation.

(G)

No portion of a building shall encroach into the public right-of-way.

(Ord. 1308 § 5, 2000; Ord. 1362 § 4, 2004; Ord. 1432 § 4, 2009; Ord. 1527 § 7, 2017; Ord. 1528 § 4, 2017; Ord. 1604, 12/19/2023)

§ 21.08.055 Standards for accessory dwelling units.

The following objective standards shall apply to accessory dwelling units:

(a)

Accessory Dwelling Units Constructed Within Existing Structures. An accessory dwelling unit: (1) located within a proposed or existing single-family dwelling, including attached garages, storage areas or similar uses, or an accessory structure; or (2) constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit; or (3) located within an existing multifamily structure project shall conform to the following:

(1)

Building Permit. Prior to constructing an accessory dwelling unit per this subsection, the applicant must apply for and receive approval of a building permit. The application shall be ministerially considered and approved, without discretionary review or a hearing, notwithstanding Government Code Section 65901 or 65906 or regulation of variances or special use permits, and be in compliance with all requirements imposed by subsection (a).

(A)

Plan Review. The city shall approve or deny an application to create or serve an accessory dwelling unit under subsection (a) within 60 days from the date the city receives a completed building permit application if there is an existing single-family or multifamily dwelling on the lot. If the application to create or serve an accessory dwelling unit is submitted in conjunction with an application to create a new single-family or multifamily dwelling unit on the lot, the city may delay approving or denying the application for the accessory dwelling unit until the city approves or denies the application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the agreed-upon delay. If the city has not approved or denied the completed application within 60 days, the application shall be deemed approved.

(B)

Denial. If the permitting agency denies an application for an accessory dwelling submitted pursuant to subsection (a)(1)(A), the permitting agency shall, within the time period of subsection (a)(1)(A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The permitting agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

(2)

Demolition Permit. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The permit applicant shall not be required to provide a written notice or posted placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.

(3)

Building Code Requirements. Accessory dwelling units shall be constructed on a permanent foundation and shall be built in compliance with the California Building Code. Accessory dwelling units shall comply with local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent the city from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.

(4)

Areas Allowed. Accessory dwelling unit(s) shall be permitted in areas zoned to allow for single-family or multifamily dwelling residential use on lots that include an existing or proposed dwelling.

(5)

Number of Accessory Dwelling Units Allowed.

(A)

A parcel with one existing or proposed single-family dwelling shall contain no more than a total of three dwelling units comprised of one single-family dwelling, one accessory dwelling unit, and one junior accessory dwelling unit; or

(B)

A parcel with one existing or proposed single-family dwelling shall contain no more than a total of four dwelling units if they are comprised of one single-family dwelling, one internal accessory dwelling unit, one junior accessory dwelling unit, and one detached new construction accessory dwelling unit that does not exceed four-foot side and rear yard setbacks with a maximum unit size of 800 square feet; and

(C)

In multifamily projects as noted in subsection (e).

(6)

Access. The accessory dwelling unit shall provide independent exterior access from the existing dwelling.

(7)

Sold Separately. The accessory dwelling unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence, unless qualified as a sale or conveyance of accessory dwelling unit separate from primary residence under Government Code Section 65852.26.

(8)

Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

(9)

Fire Sprinklers. The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.

(10)

Utility Connection. Accessory dwelling units shall not be considered by the city to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service. The city shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge for an accessory dwelling unit under subsection (a).

(11)

Parking. No additional parking spaces shall be required.

(12)

Minor Expansion. A minor expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure may be allowed if it is limited to accommodating ingress and egress, there is exterior access from the proposed or existing dwelling, and the side and rear setbacks are sufficient for fire safety.

(13)

Rental. If the accessory dwelling unit is available for rent, the rental of the accessory dwelling unit shall be for a term longer than 30 days.

(14)

Covenant. A covenant containing restrictions that the accessory dwelling unit shall not be sold separately from the main dwelling unit, unless qualified as a sale or conveyance of accessory dwelling unit separate from primary residence under Government Code Section 65852.26, and the rental term of the accessory dwelling unit shall not be less than 30 days shall be recorded with the county recorder's office. Copies of the recorded covenant shall be filed with the building department and the covenant shall run with the land and shall be binding upon any future owner, heirs, or assigns. Accessory dwelling units created after January 1, 2025, shall be owner occupied and a covenant containing this restriction shall also be recorded for accessory dwelling unit's created after January 1, 2025.

(15)

Nonconforming Zoning Conditions. An existing structure converted to an accessory dwelling unit under this section shall not require the correction of any legal nonconformity that may exist on the property as a requirement of approval. Illegal nonconformities shall be subject to Section 21.56.050 "Unlawful uses and structures."

(16)

Impact Fee. An impact fee for the development of an accessory dwelling unit may only be imposed for an accessory dwelling unit of 750 square feet or larger and shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this section, "impact fee" has the same meaning as the term "fee" is defined in subdivision (b) of Section 66000 of the state of California Government Code, except that it also includes fees specified in Section 66477 of the state of California Government Code. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

(17)

Certificate of Occupancy. The city shall not issue a certificate of occupancy for an accessory dwelling unit before a certificate of occupancy has been issued for the primary dwelling.

(18)

Entrances. A maximum of two entrances may be provided to an accessory dwelling unit in the form of a front entry door and a door, or sliding glass door, located off the main living room area. No separate entry shall be allowed to an individual bedroom. This section does not apply to any unit subject to Government Code Section 65852.2, subdivision (e).

(19)

Garage Conversion. If an applicant for an ADU garage conversion chooses to remove the vehicular access door of a garage that is proposed to be converted to an accessory dwelling unit and replace it with a new solid wall, the new wall shall be built in compliance with the California Building Code and California Energy Code and should match the rest of the existing dwelling unit in terms of exterior color and material and types of windows and doors.

(b)

New Construction Accessory Dwelling Unit Structures. New accessory dwelling unit structures constructed: (1) attached to a proposed or existing single-family dwelling or multifamily dwelling including attached garages, storage areas or similar uses, or an accessory structure; or (2) detached from a proposed or existing single-family dwelling or multifamily dwelling and located on the same lot as the proposed single-family dwelling or multifamily dwelling, including detached garages, shall conform to the following:

(1)

Building Permit. Prior to constructing a new accessory dwelling unit per this subsection, the applicant must apply for and receive approval of a building permit. The application shall be ministerially considered and approved, without discretionary review or a hearing, notwithstanding Government Code Section 65901 or 65906 or regulation of variances or special use permits, and be in compliance with all requirements imposed by subsection (b).

(A)

Plan Review. The city shall approve or deny an application to create or serve an accessory dwelling unit under subsection (b) within 60 days from the date the city receives a completed building permit application if there is an existing single-family or multifamily dwelling on the lot. If the application to create or serve an accessory dwelling unit is submitted in conjunction with an application to create a new single-family or multifamily dwelling unit on the lot, the city may delay approving or denying the application for the accessory dwelling unit until the city approves or denies the application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the agreed-upon delay. If the city has not approved or denied the completed application within 60 days, the application shall be deemed approved.

(B)

Denial. If the permitting agency denies an application for an accessory dwelling submitted pursuant to subsection (b)(1)(A), the permitting agency shall, within the time period of subsection (b)(1)(A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The permitting agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

(2)

(3)

(4)

Areas Allowed. New accessory dwelling unit(s) shall be permitted in areas zoned to allow for single-family or multifamily dwelling residential use on lots that include an existing or proposed dwelling.

(5)

Number of Accessory Dwelling Units Allowed.

(A)

(B)

(C)

In multifamily projects as noted in subsection (e).

(6)

Kitchen, Bathroom, and Entrance. The accessory unit shall contain separate kitchen and bathroom facilities and may have a separate entrance from the main dwelling. The unit shall have a minimum gross floor area to accommodate the development of an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.

(7)

(8)

Attached and Detached Accessory Dwelling Units Maximum and Minimum Unit Size.

(A)

The minimum size of a new accessory dwelling unit shall be 150 square feet.

(B)

The maximum size for a new detached accessory unit shall be:

(i)

850 square feet; or

(ii)

1,000 square feet for an accessory dwelling unit that provides more than one bedroom.

(C)

The maximum size for a new attached accessory dwelling unit shall be 50% of the primary residence. This shall not require an accessory dwelling unit to be less than 800 square feet.

(D)

An existing or proposed garage space designated for an accessory dwelling unit shall not exceed 200 square feet.

(9)

Building Separation for Detached Accessory Dwelling Units. A detached accessory dwelling unit shall be separated from the main dwelling a minimum of 10 feet if the size of the accessory dwelling unit is over 800 square feet.

(10)

Length of Shared Wall for Attached Accessory Dwelling Units. An attached accessory dwelling unit shall share at least one wall with the main dwelling. The shared wall shall be at least five feet in length, or half the width of the accessory dwelling unit, whichever is larger.

(11)

Setbacks. A setback of no more than four feet from the side and rear lot lines shall be required for a new accessory dwelling unit.

(12)

Passageway and Entrances. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. A maximum of two entrances may be provided to an accessory dwelling unit in the form of a front entry door and a door, or sliding glass door, located off the main living room area. No separate entry shall be allowed to an individual bedroom. This section does not apply to any unit created subject to Government Code Section 65852.2, subdivision (e).

(13)

Development Standards. Both detached and attached accessory dwelling units shall comply with the residential district general development standards for the property found in Table 2-3 of Section 21.08.040 for each zoning district in respect to floor area ratio, landscaping, ratio of second story to first story, balconies and decks, and open space requirements. No development standard regarding a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, building separation requirements, and minimum lot size, for either attached or detached dwellings, shall apply that would not permit at least an 800 square foot accessory dwelling unit with at least four-foot side and rear setbacks. This section may not preclude a unit built subject to Government Code Section 65852.2, subdivision (e).

(14)

Privacy. Windows of an accessory dwelling unit located within five feet of property line shall be clerestory or frosted windows.

(15)

Parking. Parking requirements for accessory dwelling units shall be one space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. Off-street parking shall be permitted in setback areas on an existing or expanded driveway or through tandem parking on an existing or expanded driveway as allowed by this code, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Front yard setback landscaping requirements of Chapter 21.20 shall apply. No additional driveway shall be provided on the property to provide parking for an accessory dwelling unit unless the driveway is located on a corner lot subject to review and approval by the public works department. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, those off-street parking spaces shall not be required to be replaced.

(16)

Architectural Compatibility. The accessory dwelling unit must match the existing single-family dwelling unit in terms of exterior color and material, roof material and color, and types of windows and doors.

(17)

Height. Accessory dwelling units shall be subject to the following height restrictions:

(A)

A detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit shall be restricted to a single-story structure with a maximum height of 16 feet.

(B)

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 defined in Section 21155 of the Public Resources Code, shall be restricted to a single-story structure with a maximum height of 18 feet. An additional two feet in height (for a maximum of 20 feet) 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.

(C)

A detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling shall be restricted to a single-story structure with a maximum height of 18 feet.

(D)

An accessory dwelling unit that is attached to a primary dwelling shall be restricted to a two-story structure with a maximum height of 25 feet, or the height limitation of the applicable zone, whichever is lower.

(18)

Attics and Basements. The following standards shall apply to attics and basements of attached and detached accessory dwelling units:

(A)

An accessory dwelling unit habitable attic, compliant with the size and height limitations and definition set forth in the California Building Code, shall count as a story and shall count toward the total living area size of an accessory dwelling unit. Habitable attics, as defined in the California Building Code, shall only be allowed on one-story attached accessory dwelling units that are limited to two stories total. Non-habitable attics shall be allowed in an attached or detached accessory dwelling unit for storage purposes only with no exterior architectural features, windows, etc., from the attic area.

(B)

An accessory dwelling unit habitable basement, compliant with the size and height limitations and definition set forth in the California Building Code, shall not count as a story and shall count toward the total living area size of an accessory dwelling unit.

(19)

Fire Sprinklers. The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence unless otherwise required by the current California Fire Code or Fountain Valley Municipal Code.

(20)

Utility Connections. An accessory dwelling unit shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. The city may require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with California Government Code Section 66013, 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 square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

(21)

Impact Fee. An impact fee for the development of an accessory dwelling unit may only be imposed for an accessory dwelling unit of 750 square feet or larger and shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this section, "impact fee" has the same meaning as the term "fee" is defined in subdivision (b) of Section 66000 of the State of California Government Code, except that it also includes fees specified in Section 66477 of the State of California Government Code. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

(22)

Rental. If the accessory dwelling unit is available for rent, the rental of the accessory dwelling unit shall be for a term longer than 30 days.

(23)

Covenant. A covenant containing restrictions that the accessory dwelling unit shall not be sold separately from the main dwelling unit, unless qualified as a sale or conveyance of accessory dwelling unit separate from primary residence under Government Code Section 65852.26, and the rental term of the accessory dwelling unit shall not be less than 30 days shall be recorded with the county recorder's office. Copies of the recorded covenant shall be filed with the building department and the covenant shall run with the land and shall be binding upon any future owner, heirs, or assigns. Accessory dwelling units created after January 1, 2025 shall be owner occupied and a covenant containing this restriction shall also be recorded for accessory dwelling unit's created after January 1, 2025.

(24)

(25)

Certificate of Occupancy. The city shall not issue a certificate of occupancy for an accessory dwelling unit before a certificate of occupancy has been issued for the primary dwelling.

(c)

Notwithstanding subsection (a) or (b), parking requirements for an accessory dwelling unit will not be imposed in any of the following instances and upon verifiable proof provided by the applicant:

(1)

The accessory dwelling unit is located within one-half mile walking distance of public transit. For the purposes of this section "public transit" shall include any bus stop.

(2)

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

(3)

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

(4)

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

(5)

When there is a designated, fixed pick-up or drop-off location for a car share vehicle located within one block of the accessory dwelling unit.

(6)

When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection (c).

(d)

Junior Accessory Dwelling Units. Junior accessory dwelling units constructed within the existing or proposed space of a single-family dwelling shall conform to the following objective standards:

(1)

Building Permit. Prior to constructing a junior accessory dwelling unit per this subsection, the applicant must apply for a building permit. The application shall be considered and approved, without discretionary review or a hearing, notwithstanding Government Code Section 65901 or 65906 or regulation of variances or special use permits and be in compliance with all requirements imposed by this subsection (d).

(A)

Plan Review. The city shall approve or deny an application to create or serve a junior accessory dwelling unit under this subsection (d) within 60 days from the date the city receives a completed building permit application if there is an existing single-family dwelling on the lot. If the application to create or serve a junior accessory dwelling unit is submitted in conjunction with an application to create a new single-family or multifamily dwelling unit on the lot, the city may delay approving or denying the application for the junior accessory dwelling unit until the city approves or denies the application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the agreed-upon delay. If the city has not approved or denied the completed application within 60 days, the application shall be deemed approved.

(B)

Denial. If the permitting agency denies an application for a junior accessory dwelling submitted pursuant to subsection (d)(1)(A), the permitting agency shall, within the time period of subsection (d)(1)(A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The permitting agency shall not deny an application for a permit to create a junior accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

(2)

Building Code Requirements. Junior accessory dwelling units shall be constructed on a permanent foundation and shall be built in compliance with the California Building Code. Junior accessory dwelling units shall comply with local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent city from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.

(3)

Areas Allowed. Junior accessory dwelling units shall be permitted on a lot that is allowed to permit any proposed or existing single-family dwelling subject to compliance with this subsection (d).

(4)

Number of Junior Accessory Dwelling Units Allowed. Only one junior accessory dwelling unit shall be allowed in any residential zone within one proposed or existing single-family dwelling per lot.

(5)

Owner-Occupied. The main dwelling or the junior accessory dwelling unit shall be owner-occupied. Notwithstanding the foregoing, owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

(6)

Rental. If the junior accessory dwelling unit is available for rent, the rental of the accessory dwelling unit shall be for a term longer than 30 days.

(7)

Cannot Be Sold Separately. The junior accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.

(8)

Maximum and Minimum Size. The junior accessory dwelling unit is restricted to a maximum of 500 square feet and a minimum size of 150 square feet.

(9)

Constructed Within Existing Structures. Junior accessory dwelling units must be constructed within the walls of the proposed or existing single-family residence. Enclosed uses within the residence, such as attached garages, are considered part of the proposed or existing single-family residence.

(10)

Entrance. A junior accessory dwelling unit must include a separate entrance from the main entrance to the proposed or existing single-family residence. If a junior accessory dwelling unit shares a bathroom with the primary dwelling, the junior accessory dwelling unit must provide an interior entry to the primary dwelling's main living area independent of the exterior entrance to the junior accessory dwelling unit and primary dwelling.

(11)

Efficiency Kitchen. At a minimum, a junior accessory dwelling unit must include an efficiency kitchen, which shall include a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

(12)

Parking. No additional parking shall be required as a condition to grant the building permit.

(13)

Fire or Life Protection. A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for the purpose of any fire or life protection.

(14)

Utility Connections. For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

(15)

Nonconforming Zoning Conditions. An existing structure converted to accommodate a junior accessory dwelling unit under this section shall not require the correction of any legal nonconformity that may exist on the property as a requirement of approval. Illegal nonconformities shall be subject to Section 21.56.050 "Unlawful uses and structures."

(16)

Certificate of Occupancy. The city shall not issue a certificate of occupancy for an accessory dwelling unit before a certificate of occupancy has been issued for the primary dwelling.

(17)

Covenant. A covenant containing restrictions below shall be recorded with the county recorder's office and copies of the recorded covenant shall be filed with the building department.

(A)

Either the main dwelling or the junior accessory dwelling unit shall be owner- occupied except if the owner is a governmental agency, land trust, or housing organization.

(B)

The junior accessory dwelling unit shall not be sold separately from the main dwelling unit.

(C)

The junior accessory dwelling unit shall be as approved. No changes to the junior accessory dwelling unit shall occur without approval of a new building permit.

(D)

The rental term of the accessory dwelling unit shall not be less than 30 days.

(E)

This covenant shall run with the land and shall be binding upon any future owners, heirs, or assigns.

(F)

The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner including revocation of any right to maintain a junior accessory dwelling unit on the property.

(18)

Garage Conversion. If an applicant for a junior accessory dwelling unit garage conversion chooses to remove the vehicular access door of a garage that is proposed to be converted to an accessory dwelling unit and replace it with a new solid wall, the new wall shall be built in compliance with the California Building Code and California Energy Code and should match the rest of the existing dwelling unit in terms of exterior color and material and types of windows and doors.

(e)

Special Regulations for Multifamily and Mixed-Use Accessory Dwelling Units. In addition to the requirements under subsections (a) through (c), accessory dwelling units attached to, or located within existing multifamily dwelling structures, or new construction accessory dwelling units in a multifamily residential or mixed-use zones shall conform to the following:

(1)

At least one accessory dwelling unit shall be allowed within an existing multifamily dwelling and up to 25% of the existing multifamily dwelling units. Multiple accessory dwelling units shall be allowed within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

(2)

Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 18 feet and four-foot rear yard and side setbacks shall be allowed. 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.

(f)

Accessory Dwelling Units Constructed Before January 1, 2018. This section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.

(1)

Except as provided in subsection (f)(2), the permitting agency shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, due to either of the following:

(A)

The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.

(B)

The accessory dwelling unit does not comply with Section 65852.2 or any local ordinance regulating accessory dwelling units.

(2)

Notwithstanding subsection (f)(1), the permitting agency may deny a permit for an accessory dwelling unit subject to subsection (f)(1) if the permitting agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.

(g)

Definitions. As used in this section, the following terms mean:

"Accessory dwelling unit"

means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

(A)

An efficiency unit.

(B)

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

"Accessory structure"

means a structure that is accessory and incidental to a dwelling located on the same lot.

"Efficiency unit"

has the same meaning as defined in Section 17958.1 of the Health and Safety Code.

"Living area"

means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

"Local agency"

means a city, county, or city and county, whether general law or chartered.

"Neighborhood"

has the same meaning as set forth in Government Code Section 65589.5.

"Nonconforming zoning condition"

means a physical improvement on a property that does not conform with current zoning standards.

"Objective standards"

means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

"Passageway"

means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

"Permitting agency"

means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.

"Proposed dwelling"

means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

"Public transit"

means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

"Tandem parking"

means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(Ord. 1527 § 8, 2017; Ord. 1556 § 2, 2020; Ord. 1558 § 4, 2020; Ord. 1596 § 2, 2022; Ord. 1597, 2/7/2023; Ord. 1603, 10/3/2023)

§ 21.08.060 Reasonable accommodation.

(a)

Purpose. It is the policy of the city to provide reasonable accommodation in the application of its zoning or building laws, policies or procedures for persons with disabilities seeking fair access to housing under the Federal Fair Housing Administration Act of 1988 (FHA) and the California Fair Employment and Housing Act (FEHA).

The purpose of this section is to provide a clear and defined process for disabled persons to make reasonable accommodation requests from existing development standards in the city's municipal code.

For the purpose of this chapter, the term "disabled" or "disability" shall have the same meaning as that term is defined in the Federal Fair Housing Act (FHA) and the California Fair Employment and Housing Act (FEHA).

(b)

Application.

(1)

Any disabled person, or his or her representative, may request a reasonable accommodation in the application of a zoning or building law, policy or procedure, which may act as a barrier to fair housing opportunities, by filing a complete application with the planning department. There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this chapter.

(2)

If the project for which the request is being made also requires some other approval, permit or entitlement, the applicant shall file the request together with the application for such approval, permit or entitlement.

(c)

Required Information. The applicant shall provide the following information with the application:

(1)

Applicant's name, address, and telephone number;

(2)

Address of the property for which the request is being made;

(3)

The current actual use of the property;

(4)

A description of the accommodation requested including reference to the development code provision, policy or procedure from which accommodation is being requested;

(5)

The basis for the claim that the applicant is considered disabled under the FHA and the FEHA; and

(6)

A detailed explanation of why the accommodation is reasonable and why the accommodation is necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the city. Where appropriate, the applicant shall include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;

(7)

Other supportive information deemed necessary by the city to facilitate proper consideration of the request.

(d)

Notice of Request for Accommodation. Written notice of a request for reasonable accommodation shall be given as follows:

(1)

In the event that there is no approval sought other than the request for reasonable accommodation, the notice shall be mailed to the owners of record of all properties which are immediately adjacent to the property ("abutting owners") which is the subject of the request. For the purposes of this chapter only, abutting owners shall include owners of property that would abut the sub-ject property if the existence of a street or alleyway were disregarded.

(2)

In the event that the request is being made in conjunction with some other approval, permit or entitlement, the notice shall be transmitted along with the notice of the other proceeding.

(e)

Grounds for Accommodation. The following findings shall be analyzed, made and adopted before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the written notification relating to such decision:

(1)

Whether the accommodation is reasonable considering the nature of the applicant's disability, the surrounding land uses, and the rule, standard, policy, or practice from which relief is sought;

(2)

Whether the accommodation is necessary to afford the applicant equal opportunity to enjoy and use a specific dwelling in the city;

(3)

Whether the accommodation will have only incidental economic or momentary benefits to the applicant, and whether the primary purpose of the accommodation is to assist with real estate speculation or excess profit making;

(4)

Whether the accommodation will create a substantial adverse impact on surrounding land uses, or a public nuisance, that cannot be reasonably mitigated;

(5)

Whether the accommodation is reasonably feasible considering the physical attributes of the property and structures;

(6)

Whether there are alternative accommodations which may provide an equal level of benefit to the applicant, while minimizing adverse impacts on surrounding land uses and lessening the financial and/or administrative burden of the city;

(7)

Whether the requested accommodation would constitute a fundamental alteration of the zoning or building laws, polices or procedures of the city.

(f)

Decision. The city staff shall review each application for reasonable accommodation and determine whether the application is complete. If the application is determined to be incomplete, city staff will promptly give written notice to the applicant of the additional information necessary to complete the application.

The planning director shall have the authority to consider and act on requests for reasonable accommodation. The director shall: (1) approve the accommodation request; (2) approve the accommodation request subject to specified nondiscriminatory conditions; or (3) deny the request. A written determination shall be sent to the applicant by mail with factual findings, conclusions, and reasons for the decision. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. If no appeal application is submitted within ten calendar days following the date the determination was rendered, the director's determination shall be final.

(g)

Appeals. Any applicant dissatisfied with the determination of the director may appeal to the planning commission as specified in the Fountain Valley Municipal Code Section 21.60.040.

Any applicant dissatisfied with the determination of the planning commission may appeal to the city council as specified in Fountain Valley Municipal Code Section 21.60.040.

(h)

Expiration of Grants of Reasonable Accommodation. Any reasonable accommodation approved in accordance with the terms of this code shall expire within twelve months from the effective date of approval or at an alternative time specified as a condition of approval unless:

(1)

A building permit has been issued and construction has commenced; or

(2)

A certificate of occupancy has been issued; or

(3)

The use is established.

Any modification granted for an individual with a disability shall be considered a personal accommodation for the individual applicant and, at the determination of the decision-maker, shall not run with the land. Conditions of approval may, where deemed appropriate, provide for any or all of the following:

(A)

Inspection of the affected premises periodically, as specified in the conditions, to verify compliance with this chapter and with any applicable conditions of approval.

(B)

Prior to any transfer of interest n the premises, notice to the transferee of the existence of the modification, and the requirement that the transferee apply for a new modification as necessary. Once such transfer takes effect, the originally approved modification shall have no further validity.

(C)

Removal of the improvement, where removal would not constitute an unreasonable and unfair financial burden, if the need for which the accommodation was granted no longer exists.

(D)

Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists.

(E)

Other necessary conditions deemed necessary to protect the public health, safety and welfare.

(i)

Violation of Terms. Any reasonable accommodation approved in accordance with the terms of this code maybe revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

(Ord. 1422 § 5, 2008; Ord. 1563 § 4, 2020)