Loading...
Multi-Family Objective Design Standards apply to residential mixed use and multiple-family dwellings in any district in which they are permitted or conditionally permitted, except for projects in the CIH Overlay, which are subject to § 9-5.3848 Commercial Infill Housing Overlay District regulations, and cottage communities in the IH Overlay, which are subject to § 9-5.3850 Innovative Housing Overlay District regulations. Multi-Family Objective Design Standards shall be adopted by resolution and may be amended from time to time. The purpose of these regulations is to promote high-quality design and provide a pleasant residential environment within the context of higher-density development; ensure the provision of amenities for residents of multi-family developments; foster pedestrian access; and create visually attractive street frontages that offer architectural and landscape interest.
(Ord. 2089-C-S, passed 6-24-14; Am. Ord. 2224-C-S, passed 2-14-23; Am. Ord. 2235-C-S, passed 11-28-2023)
The Planning Commission may allow modifications to the dimensional requirements, design standards, and other requirements of the Multi-Family Objective Design Standards and IH Overlay District regulations when so doing is consistent with the purposes of the General Plan and the district and would, because of practical difficulties, topography, and similar physical conditions, result in better design, environmental protection, and land use planning. The Zoning Administrator may review and approve modifications that are requested because a lot is substandard. All other modifications shall require Planning Commission approval. All modifications under this section shall be processed as use permits pursuant to the procedures of Article 27 of this Code.
(A) Required findings for approval. In addition to any findings required by § 9-5.2703 of this Code, the Administrator or the Planning Commission may only approve a modification to the requirements of this article based on the following findings:
(1) The project is consistent with the General Plan and any applicable area or specific plan.
(2) The modification meets the intent and purpose of the applicable zone district and is in substantial compliance with the district regulations.
(3) The modification is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance including the architectural or historical significance of the structure, and building or site features that will demonstrably reduce use of nonrenewable energy resources or greenhouse gas emissions.
(4) There are no alternatives to the requested modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public.
(5) The granting of the requested modification will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this chapter.
(6) If the modification is requested because it will result in superior or more sustainable design, the review authority must also make the following findings:
(a) The proposed design is of superior quality or is intended to incorporate features that would demonstrably reduce use of nonrenewable energy resources or greenhouse gas emissions;
(b) The structure is an existing residential building and the alteration or addition is intended to increase the habitability and function of the structure, is compatible with the existing neighborhood character, will not substantially interfere with the privacy, sunlight, or air available to neighboring residential uses; and
(c) The proposed design has been reviewed and approved pursuant to Article 26: Design Review Duties and Responsibilities, of this chapter.
(B) Conditions of approval. In approving a modification, the Planning Commission may impose reasonable conditions deemed necessary to:
(1) Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;
(2) Achieve the general purposes of this chapter or the specific purposes of the zoning district in which the project is located;
(3) Achieve the findings for a modification granted; or
(4) Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.
(C) Appeals, expiration, extensions, and modifications.
(1) Appeals. The applicant or any other aggrieved party may appeal a decision on a modification in the same manner as a use permit as provided for in Article 27, Design Review, Use Permits, Administrative Use Permits and Variances.
(2) Expiration, extensions, and modifications. Modifications granted under this chapter are effective and may only be extended or modified as provided for in Article 27.
(D) Applicability. These procedures are not applicable to a project that is entitled to a density bonus concession or waiver pursuant to Article 34, Senior Housing Overlay District, or Article 35, Density Bonus Program, of this Code and may not be used to approve an increase in maximum density or reduction in required parking or to approve a use that is not permitted on the site proposed for development.
(Ord. 2089-C-S, passed 6-24-14; Am. Ord. 2224-C-S, passed 2-14-23; Am. Ord. 2235-C-S, passed 11-28-2023)
ARTICLE 8: PROJECTIONS INTO YARDS
Projections into required yard setbacks shall be permitted as follows:
(A) Fireplace or chimneys: two feet.
(B) Cornices, eaves, mechanical equipment, and ornamental features: two feet.
(C) Balconies, stairs, canopies, porches, and awnings: six feet into a front or rear yard, and two feet into a side yard.
(D) Bay windows: two feet.
(E) Patio cover: may encroach to within 10 feet of rear property line and to within three feet of a side property line.
(F) For single-family residences and duplexes, a single-story portion of the main structure shall be allowed ten feet from the rear property line, provided the width of that portion of the main structure shall not exceed 50% of the buildable width of the lot.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 930-C-S, passed 7-29-97)
ARTICLE 9: SPECIAL USE REGULATIONS
(A) Definition. A HOME OCCUPATION is a commercial or other activity conducted in a home by the resident thereof which activity is clearly incidental and secondary to the use of the home as a residence and which exhibits no external evidence of the activity and will not change the residential character of the dwelling.
(B) Requirements. Home occupations are permitted within residential units, subject to the following restrictions:
(1) The home occupation shall be incidental and subordinate to the use as a residence.
(2) The appearance of the structure in no way shall be altered, nor shall the home occupation be conducted in a manner which would cause the residence to differ from its original residential character, either by the use of colors, materials, construction, lighting, or signs. There shall be no outside display or storage of goods or materials.
(3) There shall be no significant interior physical alteration associated with the use of the dwelling for a home occupation.
(4) The use of a garage for the purpose of a home occupation shall not decrease the amount of enclosed off-street parking required for the residence.
(5) The occupation shall not create any noise, vibration, fumes, odors, dust, or electrical interference which is detectable to the normal senses:
(a) Off the lot if the occupation is conducted in a single-family dwelling unit; or
(b) Outside the dwelling unit if the occupation is conducted in other than a single-family dwelling unit.
(6) There shall be no excessive use of, or unusual discharge into, any one or more of the following utilities: water, sewers, electrical, garbage, or storm drains.
(7) Employees working or meeting at the site shall be limited to persons who reside in the unit and one nonresident, inclusive of all home occupation use permits issued for the premises.
(8) Delivery vehicles shall be limited to those types of vehicles which typically make deliveries to single-family neighborhoods, such as the United States Postal Service, United Parcel Service, pickup trucks, and light vans.
(9) Not more than one commercial vehicle, which shall be owned by the occupant of the home, shall be permitted, inclusive of all home occupations for the premises, the maximum payload size thereof not exceeding one-ton classification. No food trucks, utility trailers, cargo trailers, food trailers, or food carts shall be permitted.
(10) No customers or clients shall be permitted to visit the home at any time in conjunction with the home occupation, however, in-home music lessons, academic tutoring, or similar uses, shall be allowed for no more than six students total in any 24 hour period.
(11) The operator of a home occupation shall have received permission from the property owner, if applicable, for use of the property prior to initiation of the home occupation.
(12) All actions associated with the home occupation shall occur within a building located on the site.
(13) The operator of a home occupation shall comply with all applicable federal, state, and local regulations pertaining to the home occupation, including local health regulations.
(C) Prohibited uses. Inappropriate home occupations shall include, but not be limited to, the following and similar types of uses:
(1) Beauty parlors, barber shops and haircut salons.
(2) Retail sales.
(3) Restaurants.
(4) Funeral chapels, funeral homes, and taxidermists.
(5) Stables, kennels, animal boarding, and animal breeding, except dog fanciers, those holding multiple pet permits, and those holding kennel permits, as authorized by this Municipal Code.
(6) Veterinary clinics.
(7) Mechanical and automobile repair and servicing.
(8) Cabinet shop, furniture manufacture, upholstery repair or similar uses requiring the use of electric saws, joiners, air compressors and similar tools.
(9) Industrial manufacturing of any kind.
(10) Repair of large appliances, internal combustion engines, automobiles or motorcycles at the home.
(11) The use of yard space or any activity outside the main or accessory building which is not normally associated with a residential use.
(12) Any use involving storage of hazardous chemicals or supplies not normally found at a private residence.
(13) Bicycle, lawn mower or small engine repair or maintenance.
(14) Welding, use of paint sprayers, compressors, etc.
(D) Home occupation affidavit.
(1) Prior to initiation of a home occupation, the operator, and also the property owner, if different, shall sign and submit an affidavit verifying and committing to continued compliance with the requirements identified in division (B) of this section. The applicant shall furthermore verify they have complied with all applicable federal, state and local regulations pertaining to the home occupation.
(a) A business license shall not be issued for a home occupation until and unless the signed home occupation affidavit is received.
(2) More than one home occupation may be allowed per household, provided each application can meet the requirements stipulated in division (B) of this section.
(E) Enforcement. Operation or initiation of a home occupation in violation of these provisions shall be subject to enforcement as prescribed in Chapter 1 of this Municipal Code.
(F) Transferability. A home occupation use permit is not transferrable to another individual, business, or site. An existing home occupation may be changed by applying for a new business license under the requirements of this chapter.
(Ord. 2195-C-S, passed 6-8-21)
It shall be unlawful to do or permit any of the following:
(A) To store, park, place or allow to remain in the front yard or in the street side yard of any improved lot, or at any place upon any unimproved lot, in any residential district, for more than 72 consecutive hours in any 30 day period, any disabled motor vehicle; motor vehicle body; motor vehicle part; machinery; tool; grease; oil; paint or paint container; or other material and equipment customarily used in the repair, construction, or assembly of mechanical apparatus, appliances, or devices;
(B) To park, store, place, or allow to remain in the front yard or in the street side yard of any lot in any residential district, for more than 72 hours in any 30 day period, for the purpose of disassembling, con-structing, reconstructing, repairing, and/or servicing any motor vehicle, motorcycle, bicycle, boat, house-hold appliance, or other mechanical apparatus or device;
(C) To disassemble, construct, repair, and/or service outside a building in any residential district between the hours of 9:00 p.m. and 8:00 a.m. any motor vehicle, motorcycle, bicycle, boat, household appliance, or other mechanical apparatus or device; or
(D) To conduct or permit welding or burning operations at any time in any front or street side yard in any residential district.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904
Loading...