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A guest house may have direct access to the main dwelling but shall not provide any required housing features of the main dwelling. A guest house is intended to provide temporary(30 days or less) quarters within a detached residential accessory structure, located on the same premises with the main dwelling, for use by guests of the occupants of the premises, and shall not be rented or otherwise used as a separate dwelling.
A. Purpose. The purpose of this section is to regulate the placement, size, use, and allowance of guest houses within the City.
B. Development Standards. The location and construction of guest houses shall comply with the following standards:
1. Only one guest house shall be allowed on a single parcel of record;
2. The guest house shall:
a. Not be provided with separate metered utilities or a separate address;
b. Not contain more than one bathroom;
c. Not contain a kitchen or other cooking facilities, including a microwave oven, hot plate, or toaster oven;
d. Not exceed 250 square feet of livable floor area;
e. Not exceed the allowable site coverage for the zoning district;
f. Not be separately rented or leased from the main dwelling, whether compensation is direct or indirect;
g. Be designed to ensure visual harmony, consistency, and compatibility with the main dwelling on the site and with other residential structures in the area; and
h. Not exceed 15 feet in height or be more than one story. A use permit approved in compliance with Chapter 19.24 may authorize a greater height when the guest house is proposed over a one-story structure, including a detached garage, and when the guest house will provide visual harmony, consistency, and compatibility with the main dwelling.
(Ord. 2185, Ord. 2440 §53, Ord. 2494 §52)
Outdoor sales and equipment rental establishments, where the business is not conducted entirely within a structure or enclosed area, shall comply with the following standards:
A. Temporary Outdoor Retail Sales and Activities. The temporary outdoor display of merchandise shall comply with the following standards:
1. Temporary Uses. Temporary outdoor sales are subject to Chapter 19.22 (Temporary Uses).
2. Duration of Sales. The sales shall be of a temporary nature, lasting not longer than a total of six months.
3. Maximum Sales Area. The area devoted to temporary outdoor sales shall not exceed the following:
a. CC and CN and ML districts: 2 1/2 percent of the gross floor area of the structure occupied by the business; and
b. CS and CR districts: 5 percent of the gross floor area of the structure occupied by the business.
B. Permanent Outdoor Retail Sales and Activities. The permanent outdoor display of merchandise shall comply with the following standards:
1. Location of Sales Area. The shall occupy a fixed and approved location that does not disrupt the normal function and safety of the site or its circulation and does not encroach upon required parking spaces, driveways, pedestrian walkways, or required landscaped areas. The outdoor sales shall be located entirely on private property and outside of any required setback. A minimum setback of 10 feet from any public right-of-way is required.
2. Adjacent to a Public Right-of-Way. Outdoor sales areas adjacent to public rights-of-way shall be screened with decorative solid walls, fences, or landscaped berms, a minimum of 36 inches high and merchandise displays shall not exceed a height of three feet above finished grade.
3. Outdoor Vending Machines. Outdoor vending machines, as defined in Chapter 19.04 (Definitions), are subject to the performance standards below.
a. Accessory Use. Outdoor vending machines shall be an accessory use to an approved primary use and may not be located on an unimproved lot.
b. Location.
(1) Building Frontage. Outdoor vending machines are permitted along the building frontage that includes the primary business entrance. Where the primary business entrance is located at the building corner, outdoor vending machines will be permitted on only one side of the building.
(2) Clear Path of Travel. Outdoor vending machines shall not obstruct pedestrian pathways, driving aisles, parking spaces, or any areas necessary for proper pedestrian or vehicular circulation or loading activities. A clear path of travel at least four feet wide must be provided around outdoor vending machines.
(3) Public Rights-of-Way. Outdoor vending machines shall not be installed in, or within four feet of, the public right-of-way, or located in such a manner as to encourage or require customers to stand or park in the right-of-way in order to use the machine.
(4) Architectural Review. The placement of outdoor vending machines shall be considered as part of the architectural review process for new development. Outdoor vending machines installed subsequent to an approved project shall be considered a modification to an approved project and subject to section 19.18.070 (Conformance to Plans).
c. Area. The area occupied by outdoor vending machines may not exceed 10 percent of the width of the building frontage along which they are located, nor shall the combined area of all vending machines at any one site exceed 32 square feet.
d. Signage and Window Coverage. No more than 25 percent of a window area may be covered with signage or outdoor vending machines combined. Sign copy on outdoor vending machines shall be limited to the exterior panels of the machine and shall only advertise the product or service provided by the machine.
e. Design and maintenance.
(1) Utility Connections. Any required exposed conduits, pipes, or utility connections shall be secured to the building and painted, or otherwise screened, to match the building exterior, and shall not bridge a span greater than 18 inches.
(2) Maintenance. All outdoor vending machines shall be maintained in a clean, working and attractive condition. If the outdoor vending machine is removed, the area shall be cleaned and restored, including the removal of any conduits or other connection hardware.
C. General Requirements. The following requirements shall apply to all (temporary and permanent) outdoor retail sales and activities:
1. Signs. There shall be no signs visible from the public street in addition to those allowed by Chapter 19.74 (Signs).
2. Height of Displayed Materials. The outdoor display of merchandise shall not exceed a height of 7 feet above finished grade for a single display item. Stacked displays may not exceed a height of 6 feet above finished grade.
3. Relationship to Main Use. Outdoor sales shall be directly related to a business establishment on the parcel. The use of the property shall comply with the standards for the zoning district.
4. Review and Approval Required. Any use proposing permanent outdoor merchandise display or other outdoor business activities shall be subject to review and approval, in compliance with Chapter 19.18 (Architectural Review).
5. Outdoor Storage Areas. Outdoor storage areas are subject to the regulations of Section 19.60.060(H)(3) (Outdoor Storage and Work Yards). Temporary outdoor storage areas are not subject to screening requirements.
D. Exceptions. The provisions of this section do not apply to the following:
1. Sales or distribution of newspapers or periodicals in compliance with the provisions of the Municipal Code.
2. Sales from the public right-of-way in compliance with the provisions of the Municipal Code.
3. Temporary sales not within a structure or enclosed area, in compliance with Chapter 19.22 (Temporary Uses).
4. Sales of seasonal agricultural food products and flowers on private, non-residential property, not to exceed 6 months annually.
(Ord. 2185, Ord. 2427 §53, Ord. 2440 §54, Ord. 2494 §54)
The following definitions, permit requirements and development standards shall apply to accessory dwelling units.
A. Definitions. In addition to the definitions set forth in Chapter 19.04, the following words and phrases shall have the following meanings respectively ascribed to them in this section.
1. "Accessory dwelling unit" (ADU) means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons on the same parcel as the main dwelling unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes the following:
a. An efficiency unit as defined in Section 17958.1 of the Health and Safety Code.
b. A manufactured home as defined in Section 18007 of the Health and Safety Code.
2. "Junior Accessory Dwelling Unit" (JADU) means a unit that is no more than 500 square feet in size and contained entirely within a single-family dwelling. JADUs shall include a separate entrance from the main entrance to the proposed or existing single-family residence and shall be equipped with an efficiency kitchen providing cooking appliances and a food preparation area of reasonable size. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. In accordance with State law, a junior accessory dwelling unit shall be owner-occupied.
B. General requirements. Where a single-family or multi-family use is a permitted use or lawfully exists, and where the property has not been subdivided as a result of an urban lot split as defined in Section 19.76.220 of this Code, a proposed ADU shall comply with all the development standards of this section. Applicants for accessory dwelling units may seek zoning clearance for a site plan depicting a proposed ADU or may directly apply for building permits and compliance with these standards shall be assessed in conjunction with building permit review.
1. Accessory dwelling units or junior accessory dwelling units may be rented for the purpose of overnight lodging for terms of thirty or more consecutive days but shall not be rented or subleased for shorter terms.
2. Neither the main dwelling nor the ADU shall be sold or otherwise conveyed separately from the other unit, except pursuant to California Government Code Section 65852.26.
C. Development Standards.
1. Number of Units Allowed (Single-Family). The following standards are applicable to ADUs and JADUs proposed on single-family residential properties.
a. One attached ADU; or
b. One detached ADU and/or one JADU.
2. Number of Units Allowed (Multi-Family). The following standards are applicable to ADUs proposed on multi-family residential properties.
a. A maximum of two detached ADUs; and,
b. A number of ADUs not to exceed 25 percent of the number of existing multi-family units or one, whichever is greater, may be created within portions of the existing multi-family dwelling structures that are not used as livable space, provided that the unit complies with the California Building Code.
3. Attached or detached. An ADU may be either attached to or detached from the main dwelling unit.
4. Maximum size of accessory dwelling units. The maximum square footage for an ADU shall be as follows:
a. For attached ADUs (Single-Family): 50 percent of the living area of the main residence up to a maximum of 1,200 square feet.
b. For detached ADUs larger than 800 square feet (Single-Family): 75 percent of the living area of the main dwelling unit up to a maximum 1,200 square feet.
c. For ADUs larger than 800 square feet (Multi-Family): Up to 850 square feet for a one-bedroom unit and up to 1,000 square feet for a two-bedroom unit, subject to maximum lot coverage standards applicable to the underlying zoning district.
5. Building height shall be limited as follows: New attached additions to main dwelling units shall have the same height limit provided by the underlying zoning district applicable to the main unit. New detached ADUs shall be a maximum of 25 feet when proposed on a lot with an existing single-family dwelling. For new detached ADUs proposed on a lot with an existing multi-family dwelling, the maximum height shall be 18 feet, or up to 25 feet when above a garage.
6. Accessory dwelling unit setbacks shall be as follows:
a. No setback shall be required for an ADU located within existing living area or an existing accessory structure, or an ADU that replaces an existing structure and is located in the same location and to the same dimensions as the structure being replaced (i.e. an existing garage that is converted to an ADU).
b. A minimum 4-foot rear and 4-foot side setback shall be required for an ADU attached to a main dwelling unit.
c. Detached, new-construction ADUs shall provide a minimum side and rear yard setback of 4 feet.
d. A minimum 4-foot rear and 4-foot side setback shall be required for an ADU constructed above a garage.
e. When an ADU is adjacent to an alley and constitutes a second story on a garage which has less than a 4-foot setback, the minimum rear yard setback for the ADU shall be the same as the existing setback for the garage.
f. Detached ADUs shall provide a minimum 8-foot separation between buildings or per the Building and Fire Code.
7. Conversion of an Existing Residence. An existing residence, in conformance with the above regulations, may be converted to an ADU in conjunction with the development of a new main dwelling unit. Occupancy of the ADU shall not be allowed prior to the issuance of a certificate of occupancy for the main dwelling unit.
8. Existing Accessory Dwelling Unit. An existing ADU or JADU may be enlarged or modified only in accordance with the requirements of this section.
9. Residential Density. To the extent required by California Government Code Section 65852.2, an ADU or JADU built in conformance with this section shall not count toward the allowed density for the lot upon which the unit is located.
10. Trash storage. The ADU or JADU shall be provided with an outdoor area for the storage of trash and recycling receptacles. That area shall have an all-weather surface and be screened from view by a fence, wall or permanent landscaping.
11. Security lighting. Accessory dwelling units located adjacent to an alley shall have a minimum of one outdoor security light for illumination of the alleyway adjacent to the unit. Such lighting shall be shielded and directed downward and away from adjacent properties to ensure that it has a minimal impact on neighboring properties.
12. Walls or fences between units. When an ADU is located behind a main dwelling unit, a continuous fence or wall shall not be installed between the main and ADU unless it includes a gate allowing pedestrian access from the accessory dwelling unit to the street.
13. Vehicle access. If provided, vehicle access to an ADU may be from a street or an alley.
a. Alley access. When an ADU will be located on a site served by an alley, the ADU shall maintain its primary vehicular access from the alley. Accessory dwelling units located on the street-access terminus of alleys shall be sited to ensure adequate site distance clearance.
b. Vehicle access from street frontage. Driveway surfaces installed to provide vehicle access from a street to an ADU located on the rear of a parcel shall be constructed with permeable-surface, all-weather materials or shall otherwise be constructed to retain runoff on site. New driveways that extend beyond the rear of the main dwelling unit shall consist of two tire strips or be otherwise designed to be of permeable-surface, all-weather material.
14. Pedestrian access to accessory unit.Accessory units created within an existing single-family residence shall include an independent exterior access that is separate from the exterior entrance of the existing residence and complies with the minimum side and rear setbacks for fire safety.
15. Fire protection access. Accessory dwelling units not located adjacent to an alley shall be located so that all sides of the structure are within 150 feet of unobstructed access from the street frontage in order to provide adequate fire protection. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the main residence.
16. Parking. In addition to the parking required for the main dwelling unit, one parking space shall be required for each ADU.
a. Parking spaces for the ADU and the main residence may be provided in a tandem parking arrangement on an existing driveway.
b. Off street parking shall be permitted in setback areas as set forth in CMC 19.70.060, or through tandem parking, unless specific findings are made that parking in the setback areas or tandem parking is not feasible based upon specific site or fire and life safety conditions.
c. When a garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU, or is converted into an ADU, the off-street replacement of those off-street parking spaces shall not be required.
17. Parking exceptions. Parking shall not be required for the ADU in any of the following instances:
a. The ADU is located within one-half mile of public transit;
b. The ADU is located within an architecturally and historically significant historic district;
c. The ADU is part of the existing main residence or an existing accessory structure;
d. When on-street parking permits are required but not offered to the occupant of the ADU;
e. When there is a car share vehicle located within one block of the ADU.
18. The ADU can be accommodated with the existing water service and existing sewer lateral or septic system, provided sufficient evidence that the existing water service and existing sewer lateral or septic system has adequate capacity to serve both the main dwelling unit and ADU. No additional water meter shall be required, unless requested by the applicant.
(Ord. 2263; Ord. 2280; Ord. 2325, Ord. 2358 §20; Ord. 2364 §400; Ord. 2397 §15, Ord. 2439 §189, Ord. 2494 §55, Ord. 2511 §§ 2, 3, Ord. 2530, §4, Ord. 2549, §9, Ord. 2554, §1, Ord. 2580, §15, Ord. 2600)
Where allowed by Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), single room occupancy facilities (SROs) are subject to the approval of a use permit in compliance with Chapter 19.24, and shall be located, developed, and operated in compliance with the following standards.
A. Location Standards. SROs shall be located within 1/4 mile of a bus stop or transit station.
B. Eligible Parcels. The parcel upon which the SRO is to be established shall conform to all standards of the applicable zoning district.
C. Residential Density. SROs shall not exceed a maximum density of 70 units for each gross acre of land.
D. Overall Project Design and Site Planning.
1. Architecture. The design of an SRO project shall coordinate with and complement the existing architectural style and standards of the surrounding land uses.
2. Outdoor Common Areas. Exterior common areas and/or open courtyards should be provided throughout the project. If common areas are made available, these areas should be designed to provide passive open space with chairs, planters, tables, or small garden spaces to make these areas useful and functional for the tenants. Exterior common areas, including parking areas, shall be illuminated. The exterior lighting shall be stationary and directed away from adjacent properties and public rights-of-way, in compliance with Section 19.60.050 (Exterior lighting).
3. Parking and Loading. Off-street parking shall be provided in compliance with Chapter 19.70 (Parking and Loading Standards).
(Ord. 2185, Ord. 2440 §55)
A. Purpose. The purpose of the small-lot subdivision regulations is to allow "small-lot single-family housing development in new and existing neighborhoods to provide compact development and efficient infill."
B. Standards. Small-lot, detached single-family subdivisions may be allowed in the R1 and R2 zoning districts when they are compatible with surrounding development and comply with the following standards:
1. Reduced Lot Area. The minimum lot area per dwelling unit shall be 3,500 square feet for an interior lot and 4,000 square feet for a corner lot. Lot sizes may range from 3,500 square feet to a maximum of 4,499 square feet, with an average lot size of 4,000 square feet to encourage a variety of lot sizes and configurations. Lots larger than 4,499 square feet may be allowed but the total number of lots larger than 4,499 square feet shall not exceed thirty percent of the total number of lots to be created by a small lot subdivision.
2. Reduced Setbacks. Table 5-12 shall be used to determine structure setbacks instead of the normal setbacks required for the applicable zoning district.
3. Reduced Lot Width. The minimum lot width shall be 38 feet for an interior lot and 46 feet for a corner lot.
(Ord. 2440 §56)
Type of Structure
| Setbacks Required | ||
Front | Rear | Side | |
Type of Structure
| Setbacks Required | ||
Front | Rear | Side | |
Main house, with either front porch, alley, or garage in rear (1) | 12 ft. | 10 ft. | 3 ft. |
Main house, without front porch, alley, or garage in rear (1) | 15 ft. | 15 ft. | 3 ft. |
Front porches (2) | 10 ft. | N/A | 3 ft. |
Attached garages (3) | 20/15 ft. | 15 ft. | 3 ft. |
Detached garages in rear (1) | N/A | 0 ft. | 0 ft. |
Detached accessory structures | 20 ft. | 0 ft. | 0 ft. |
Notes:
(1) "Garages in rear" shall mean garages behind the primary residential unit.
(2) Front porches shall have minimum dimensions of 4 feet by 8 feet.
(3) Garages with access perpendicular to the street shall be set back a minimum of 20 feet from the front property line. Garages with access parallel to the street (side entry) may be set back 15 feet from the front property line.
4. Site Coverage. Maximum site coverage shall be 50 percent of the lot area. Usable outdoor open space shall be a minimum of 25 percent of the open space area.
5. Parking. Parking spaces shall be provided and parking areas shall be designed as follows.
a. Four parking spaces shall be provided for each residential unit, two of which shall be in a garage located on-site. The remaining two spaces may be located on a public or private street, or in a parking area adjacent to the street.
b. For residential units with detached garages located behind the primary residential unit, the minimum parking normally required shall be reduced to one enclosed (garage) space and two spaces, covered or uncovered. Tandem parking spaces are permitted. All required parking spaces shall be set back a minimum of 20 feet from the front property line and/or sidewalk, whichever is closer.
c. Shared driveway access between two adjacent parcels is allowed when the garages are located within the rear of the parcel behind the primary residential unit or recessed so the home's entry elevation retains a dominant visual appearance.
6. Street Widths. Pavement widths for local streets may be reduced from the standards set forth in Title 18R (Design Criteria and Improvement Standards).
7. Design. The design of small-lot subdivisions shall provide for aesthetic quality and appropriate proportions between parcel sizes and street widths.
On-street parking | Minimum width curb-to-curb (feet) | Maximum width curb-to-curb |
No parking | 20 | 22 |
Parking one side | 26 | 28 |
Parking two sides | 32 | 34 |
8. Street Parkway Widths. Street parkway widths may be reduced up to 25 percent by the City for projects that provide innovative design features such as alleys, garages at the rear, front porches above minimum size, and protected tree well pop-outs located in parking aisle. A reduction in the parkway width must not be harmful to the health of the street trees or detrimental for the maintenance of the street.
(Ord. 2185; Ord. 2223; Ord. 2288; Ord. 2397 §16)
A temporary dwelling unit permit may be issued by the Director pursuant to Chapter 19.22.040 to allow a temporary dwelling facility, including a detached mobile or manufactured home which is nonmotorized and not permanently attached to a foundation, to be placed on a legal parcel in all residential zoning districts for the purpose of caring for an ill, convalescent, or otherwise disabled relative or friend, subject to the following:
A. A temporary dwelling facility shall only be allowed on a parcel with an existing main dwelling.
B. Occupancy of the temporary unit shall be limited to a close relative or friend of the occupants of the main dwelling. No more than two people may occupy the temporary unit.
C. No rent shall be charged to the occupants of the temporary unit.
D. The temporary unit shall be no larger than one bedroom and 640 square feet.
E. The temporary unit shall provide complete independent living facilities, including provisions for cooking, eating, living, sleeping, and sanitation, unless otherwise approved by the Director.
F. The initial term of the permit shall be for one year. After the first year, the Director may authorize one year extensions upon verification that the approved occupants continue to reside on the premises in a manner which necessitates extended use of the temporary unit, and upon determining that use of the temporary unit continues to meet the purpose and criteria of this section.
G. The temporary unit shall be connected to the sanitary sewer system.
H. The temporary unit, authorized in compliance with this section, shall not be considered a separate residential unit for the purpose of calculating development impact fees, including park fees and sewer system connection fees, and determining off-street parking requirements.
I. The temporary unit shall be subject to setback requirements for an accessory structure, except that the Director may require additional site requirements when necessary to mitigate any identified adverse impacts upon neighboring residents.
J. The temporary dwelling unit permit shall expire immediately if the persons requiring care for any reason cease to reside in the temporary dwelling. Following expiration, the temporary dwelling facility shall be removed within 120 days.
(Ord. 2185, Ord. 2494 §56)
A. Purpose. The purpose of these regulations is to implement General Plan goals of encouraging infill development, while also preserving the privacy of existing residences and the character of the neighborhoods where such lots are created. It is the intent of these regulations to (1) limit the number of flag lots which can be created where a series of similarly-sized large lots could be subdivided with flag lots, thereby significantly raising the density and changing the character of an existing neighborhood, and (2) provide standards for the development of such lots in addition to those which would otherwise apply. Properties suitable for flag lot subdivisions should be larger than average for the neighborhood, and/or of a unique configuration. Retention of existing older housing stock is strongly encouraged in flag lot subdivisions. These regulations are intended to provide greater certainty for both developers and neighbors, and are intended to supplement, not supersede, the flag lot regulations contained in Title 18R.
B. Applicability. For purposes of this section, infill residential flag lots are defined as flag lots created after the adoption of this section which are located in the RS, R1 or R2 zoning districts and which abut existing single-family development. Existing single- family development is defined as one or more residentially zoned lots already developed with single-family dwellings at the time that the parcel map or tentative subdivision map approving the creation of the flag lot is approved and which are not a part of the subdivision which creates the flag lot.
C. Standards. Infill residential flag lots are allowed in the RS, R1 and R2 zoning districts through a parcel map or tentative subdivision map by the Planning Commission when they comply with the standards in this section, in addition to any other applicable City standards:
1. Limitation on Number of Infill Residential Flag Lots. To avoid an over- concentration of infill residential flag lots in any one neighborhood, infill residential flag lots shall not be allowed where approval of a proposed subdivision would result in flag lots comprising greater than 10 percent of the number of lots in the immediate neighborhood. Lots in the immediate neighborhood shall be defined as all lots which would be created by a proposed subdivision plus all residentially-zoned lots lying wholly or partially within 300 feet of the proposed subdivision.
2. Size of Infill Residential Flag Lots. Infill residential flag lots shall be no smaller than the smallest conforming lot in the same zoning district lying wholly or partially within 300 feet of a proposed subdivision, or the minimum flag lot size as required in Chapter 18R.08, whichever is larger. The accessway serving an infill residential flag lot shall not be included when calculating the required area of that lot.
3. Single Story Limitation. New residential units and accessory structures on an infill residential flag lot shall be limited to a single story, no more than 25 feet in height, unless there is existing two-story construction on one or more residentially-zoned lots adjacent to the infill residential flag lot.
4. Site Design and Architectural Review. Residential units and detached accessory structures greater than 120 square feet in size on infill residential flag lots shall be subject to administrative site design and architectural review (Chapter 19.18). Such review shall take into account all applicable standards and design guidelines.
5. Orientation. Each residential unit built on an infill residential flag lot shall be oriented toward either the street or the accessway.
6. Setbacks From Neighboring Properties. Where an infill residential flag lot abuts existing single-family development, the building setbacks established below shall supersede the standard setbacks for the R1 and R2 zoning districts. Setbacks in the RS zoning district shall be the greater of the standard RS district setbacks, or the setbacks established in Table 5-14 below:
Type of Structure | Setback Required |
Residential unit, first story | 15 feet |
Residential unit, second story | 20 feet |
Detached garage, gazebo, greenhouse, patio cover | 10 feet |
Other Accessory Structures | See 19.76.020 |
7. Accessway. A minimum of three feet of landscaping shall be provided between the paved portion of the accessway and any adjacent existing single- family residential development. Drainage from the paved portion of the accessway shall be accommodated onsite. Minimum accessway widths shall be as specified in Title 18R.
D. Planned Development Permit Required if Standards Not Met. The creation and development of infill residential flag lots which do not meet all standards listed above may be allowed with approval of a planned development permit (Chapter 19.28).
(Ord. 2363 §3, Ord. 2494 §57, Ord. 2511, Ord. 2549, §10, Ord. 2580, §16, Ord. 2600)
Where allowed by Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), community gardens shall comply with the following standards:
A. Operation and Maintenance.
1. Hours of operation shall be limited to between two hours before sunrise and two hours after sunset.
2. All plots shall be maintained to manage and remove all rotting produce, pest infestations, and diseases. This provision shall not apply to on-site composting areas.
3. The garden shall be designed and maintained so that water and fertilizer will not drain onto adjacent property.
4. All improvements and activities associated with the community garden shall comply with all federal, state, and local laws and regulations, including, but not limited to, the federal Americans with Disabilities Act (ADA) and the water conservation measures of state Assembly Bill 1881.
5. Planting illegal or invasive plants, including marijuana, is prohibited.
6. Animal keeping may be allowed when monitored at all times in compliance with Section 19.76.040.
B. Responsible Party. The property owner, or an agent appointed by the property owner, shall be responsible for preventing, correcting and eliminating all nuisances associated with the use including any nuisances due to lighting, odors, noise, or animal keeping.
C. Permitted Buildings and Structures.
1. The combined area of all buildings shall not exceed 15 percent of the garden.
2. Only the following buildings or structures shall be permitted on the site:
a. Up to two storage sheds of no more than 120 square feet each;
b. Up to two greenhouses of no more than 120 square feet each for plant cultivation; and
c. Benches, bike racks, picnic tables, fences, and garden art;
d. Raised/accessible planting beds, rain barrel systems, compost or waste bins, and seasonal farm stands.
e. Other types of structures may be allowed if approved by the Director.
D. Parking. A minimum of two vehicle parking spaces shall be provided on the lot when there is no on-street parking allowed adjacent to the site. All gardens shall provide parking for at least two bicycles.
E. Composting. Composting biomass waste within a contained area on site is allowed subject to all of the following:
1. Composted materials shall be only those materials generated onsite or contributed by active members of the community garden.
2. Composting areas shall be located at least five feet from property lines.
3. Odors and fly-breeding shall not create a nuisance nor be greater than customarily found at a well-maintained residence.
F. Trash/Recycling Receptacles. Trash and recycling receptacles shall be provided onsite and screened from adjacent properties by six-foot high solid fencing. Refuse shall be removed from the site regularly to keep the receptacle area and the lot free from litter.
G. Fencing. Fences for community gardens shall be at least fifty percent view- permeable, shall not obstruct the sight distance area, nor exceed six feet in height. Compliant fences may exceed the standard height limits for the front yard area, as established in Section 19.60.060.
H. Accessory Sales of Produce and Plants. Produce or plants raised on the site may be sold on-site as an accessory use to the primary community garden use and in compliance with Chapter 19.20 (Home Occupation Permits).
(Ord. 2440 §57)
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