A. Issuance of Miscellaneous Ministerial Permit. The Director of Community Development shall ministerially approve up to two residential units on a parcel in an R-1 single-family residence district or R-1 zoned Planned Development Zoning District if the proposed housing development meets the requirements of Government Code Section 65852.21 and complies with all applicable objective zoning standards, objective subdivision standards, and objective design review standards.
B. The Director of Community Development shall impose all objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, General Plan, any applicable specific plan, and other objective land use specifications that do not conflict with the requirements of Government Code Section 65852.21, including but not limited to the objective zoning and design standards in Paragraph E.
C. Notwithstanding Paragraph A, the Director of Community Development may deny a housing development project proposed under this Section if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
D. Application and Fees. An application on a form made available by the City shall be completed by the applicant. The form shall be accompanied by a fee that the City Council may adopt by resolution to sufficiently recover the cost of administering the requirements of this section. The application shall be accompanied by all technical reports, plans and information required to make a determination on the proposed project.
E. Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects in the R-1 District. In addition to any applicable objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to the maximum extent permissible under Government Code Section 65852.21, including but not limited to the following standards for ministerial development projects:
1. Development Standards (Gov. Code, § 65852.21) | a. Except as otherwise provided herein, units shall not exceed 800 square feet per unit and shall comply with Paragraph B, above. |
b. The floor area of the larger unit in a duplex development proposed pursuant to this Section shall be no more than 200 square feet greater than the smaller unit of the duplex development. | |
c. Notwithstanding subparagraph (a), development pursuant to this Section may have a maximum Floor Area Ratio of up to 45% of the net lot area, and a maximum Lot Coverage of 45% of the net lot area plus an additional 5% for roof overhangs, patios, porches, and other similar features not Substantially Enclosed, if it complies with the requirements of Paragraph B and subparagraphs 2 through 16 of this Paragraph; provided, however, that a housing development project on a lot having a slope 30% or greater shall not exceed the floor area allowed under Chapter 19.40. However, under no circumstances shall the size of any ministerially approved unit exceed 2,000 square feet of living space. | |
d. If the site has been occupied by a tenant in the last three years, no more than 25% of the exterior walls of an existing unit shall be demolished. | |
e. If no dedication was required for creation of the lot, the project shall include a dedication to accommodate the predominant public right of way, as determined by the City Engineer, abutting the corresponding lot line and frontage improvements, including curb, gutter and sidewalk shall be installed by the applicant. | |
2. Second to First Floor Area Ratio: | a. The ratio of the second story to first story floor area shall not exceed 50% except that: i. In all R1 zoning districts except the R1-a district: 1. The ratio of the second story to first story floor area may exceed 50%, up to a maximum of 66%, if a combined first-story side setback of 15 feet (with no first- story side setback less than five feet), second- story side setbacks of at least 15 feet each, a rear setback of 20 feet on the first story and a rear setback of 25 feet on the second story are provided. ii. In the R1-a zoning district: 1. The maximum ratio of the second story to first story floor area is 40% but no larger than 500 square feet, except where allowed below; 2. A second floor may exceed 500 square feet, but shall not in any case exceed 1,100 square feet, if first-story side setbacks of at least 10 feet each, a combined second-story side setback of 35 feet (with no second story side setback less than 15 feet), and a rear setback of 20 feet for the first story and 40 feet for the second story are provided. |
b. Interior areas (measured from the finished floor to the top of the roof rafters) with heights greater than 16 feet shall be double counted as floor area as follows: i. For one story homes, the floor area shall be double counted as first floor area. ii. For two story homes, the floor area shall be counted once each for first and second floor area. | |
3. Setbacks: | a. Minimum first-story front setback is 20 feet, unless otherwise required in a tract map or zoning map except that: i. In the R1-a zoning district, the required minimum setback is 30 feet. ii. Garages with up to two parking spaces shall be set back two additional feet from the face of the living area of the unit, not including a front entry feature or porch. iii. Third car garage spaces: 1. On lots when the garage is visible from the street: parking shall be provided in tandem or in a detached accessory structure at the rear of the property. 2. On flag lots or on side-oriented garages located at the rear of the principal unit: a third parking space may be on the same wall plane as the other two parking spaces. |
b. Minimum second-story front setback is 25 feet except that: i. In the R1-a zoning district, the required minimum setback is 30 feet. | |
c. Minimum first- and second-story side and rear setbacks shall be four feet each; provided, however, that: i. No setbacks shall be required for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure. ii. No new or expanded structures shall encroach upon any existing public or private utility easements. iii. No setback shall be required from a shared new side lot line between the two new lots created pursuant to an Urban Lot Split under Government Code Section 66411.7 when: 1. More than one new primary dwelling unit is approved concurrently with an Urban Lot Split; and 2. Units with a zero-foot setback are developed concurrently; and 3. All other side yard setbacks are a minimum of five feet on the first story and 10 feet on the second story; and 4. The entirety of wall faces along the shared property line are structurally attached; and 5. Structures along the new shared property line are no more than zero feet or less than four feet. iv. The required building envelope shall not apply to the portions of structures with a zero-foot setback. | |
d. Corner Triangle: No portion of a structure shall be located within a corner triangle, provided that in no case shall a side yard setback of more than four feet be required. | |
e. Detached primary residential structures: Detached structures located on the same lot shall have a setback of five feet as measured between the eaves of the two structures. | |
4. Maximum height: | a. Principal Dwelling units are limited to 28 feet in height and no more than two stories except that: i. In R-1 Zoning Districts with "i" suffix, buildings shall be limited to one story (not to exceed 18 feet). |
b. First-story building envelope: All the maximum exterior wall height and building height on single-story structures and single-story sections of two-story structures must fit into the building envelope defined by: i. A 9-foot-high vertical line from natural grade measured at the property line; and ii. A 25-degree roof line angle projected inward at the 9-foot-high line referenced above; Notwithstanding the first-story building envelope, a gable end of a roof enclosing an unfinished attic space may have a maximum wall height of 13 feet to the peak of the roof as measured from natural grade. | |
c. Second-story building envelope: All the maximum exterior wall height and building height on two-story sections of two-story structures must fit into the building envelope defined by: i. A 15-foot-high vertical line from natural grade measured at the property line; and ii. A 25-degree roof line angle projected inward at the 15-foot-high line referenced above. | |
d. Notwithstanding subsections (b) and (c) above, portions of the structures developed utilizing the provisions of subsection (3)(c) above, do not have to meet the first story or second story building envelope requirements. | |
5. Basements: | Not allowed. |
6. Landscaping and Privacy Protection: | a. Landscaping: All proposed landscaping shall meet the requirements of Chapter 14.15 of the Municipal Code i. Front Yard Tree Required: A 24-inch box California native tree that typically grows to a mature height of more than 30 feet is required for all two-story homes and must be placed in the center 50% of the front yard. ii. An existing mature tree in the front yard that is or can typically grow to a height of 30 feet of more and is located in the center 50% of the front yard can be used as the front yard tree, subject to an ISA certified arborist certifying that the tree is in good health. iii. A covenant shall be recorded to identify the front yard tree as a Protected Tree and notifying current and future property owners to retain and maintain the tree in good health. |
b. Privacy Protection planting for windows from second story windows shall be required in the same manner as required pursuant to Section 19.28.120, except as provided below: i. Windows or other openings in the wall with a side yard setback less than 10 feet shall have a minimum windowsill height of five feet one inch or shall have obscure glass and be inoperable with a fixed pane(s). ii. Windows or other openings in the wall with a rear yard setback less than 25 feet shall have a minimum windowsill height of five feet one inch, or shall have obscure glass and be inoperable with a fixed pane(s). iii. Subsections (a) and (b) do not apply to skylights or windows which do not have views into an adjacent side or rear yard or that face a street or a non-residential zoning district. iv. Minimum planter width required for privacy planting shall be three feet. Emergency access paths shall not be concurrent with areas designated as privacy planting planters. | |
7. Private open space: | Each unit must provide at least 15% of the unit floor area as private open space on the first floor, with no dimension less than 10 feet. Private open space shall not be located in the required front yard setback area. |
8. Permitted yard encroachments: | a. Front entry features, but not porches, may encroach into a required front yard setback up to three feet. |
b. May extend into a required yard a distance not exceeding three feet. | |
c. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure, may extend closer than three feet to any property line. | |
d. Architectural features may not exceed 50% of the wall they are on, as measured from the interior wall surfaces. | |
9. Second story decks, balconies or similar features | Not allowed. |
10. Design standards: | a. Entry features: i. A maximum of one entry feature per unit is allowed and no more than one entry feature per structure shall be allowed. ii. The entry feature shall be oriented to face the street and shall include a front entry door also oriented to face the street. iii. Maximum entry feature height is 14 feet as measured from natural grade to the top of the plate. iv. If a duplex with attached units is proposed, a proposed entry feature may incorporate two entrance doors for the two units. One of the entrance doors or a common opening into a shared entry portal shall be oriented to face the street. v. If duplexes are proposed on corner lots, the entrances to the two units shall be on different street frontages, except that if the corner lot fronts a major collector, both the entrances may be located on the minor collector or neighborhood street. |
b. If a front porch (not a front entry feature) is proposed, the porch shall be proportionately greater in width than in height. i. Porch elements shall have detailing that emphasizes the base and have caps for posts and fence elements of the porch. | |
c. Exterior and/or uncovered stair access shall not be allowed to the second floor. | |
d. All new structures proposed in the R1-e zoning district shall meet the building design requirements in Section 19.28.080 and shall meet the Eichler design guidelines. | |
e. In the R1-a zoning district, the second story shall not cantilever over a first story wall plane. | |
f. In addition to standards outlined in subsections (1) - (9) above, development on properties with an average slope greater than 10% shall comply with Section 19.40.050 (F), (G), and (I) and Section 19.40.060(E), (H), (I) and (J). | |
g. Windows and doors shall either: i. Have a minimum three-and-one half inch in width by three-quarter inch in depth trim when protruding from the wall or ii. Be inset a minimum of three inches from the exterior finish of the structure. If recessed, the primary siding material shall cover the recessed edge faces and wrap toward the interior face of the window glazing or door by not less than two-inch depth. | |
h. All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth. | |
i. Roof overhangs or building eaves shall be a minimum of 12 inches in width. | |
j. Detached structures on a lot must use the same architectural style and materials. | |
k. Where the garage faces the side yard, but is visible from the street, the garage shall incorporate a window on the street front facade so that it appears to be a habitable portion of the house. The window style must be the same as the windows on the habitable dwelling unit(s). | |
l. Enclosed living area shall be closer to the street than garage space. Garages shall be set back as identified in subparagraph (3) above. | |
m. No more than fifty percent of the front elevation of a house shall consist of garage space. | |
n. The maximum width of a garage on the front elevation shall be 24 feet for a two-car garage. | |
o. Garage doors for no more than two car spaces shall be visible from the public right of way. | |
p. Outdoor lighting shall comply with the requirements of Chapter 19.102. | |
q. The elevation facing a street shall incorporate at least four architectural features, such as bay windows or an entry feature, and/or elements of architectural interest, such as wall insets or offsets, planters, railings, trellises, a combination of roofing elements (e.g., hip and gable roofs), dormers, change in architectural materials, quoins, accent tiles, or an accent window inset greater than six inches. Windowsills, door or window trim, and roofing materials do not count as one of the features. | |
r. Gable ends and dutch gable ends taller than thirty inches shall include at least one element of architectural interest such as: a wall offset with corbels, brackets or change in materials; louvered wood or metal vents; clay or terracotta tile vents; accent tile decoration; medallion decoration; metal grille; a change in architectural materials; incorporation of corbels; decorative gable pediments; eyebrow trellises or pergola structurally attached to the building; or windows/glazing. | |
s. Stone veneer or accent materials used as a wainscot on a street facing façade shall be wrapped around to the side façade and end at a logical terminus, such as a fence line or a chimney or at an interior corner. | |
t. Stone veneer or any other siding material wrapped on columns shall terminate at the floor. | |
11. Accessory buildings/ structures: | a. Allowed pursuant to the requirements of Chapter 19.100, except that Accessory Dwelling units or Junior Accessory Dwelling units shall not be permitted on any lot in the R-1 zoning district if a lot split has been approved pursuant to Section 18.12.70 and one or more unit(s) have been approved for construction pursuant to Section 19.28.150 on each resulting lot. |
b. Limited to one story (not to exceed 15 feet). | |
c. Accessory Dwelling Units shall meet subsections (1) and (2) above and shall additionally be in compliance with the regulations of Chapter 19.112. | |
d. Air conditioning units and similar mechanical equipment such as generators, sump pumps, heating, and ventilation equipment shall be ground-mounted and screened from public view or underground, and shall meet accessory structure setbacks and adhere to the requirements of Chapter 10.48 of the Municipal Code. | |
12. Fences | Shall comply with the requirements of Chapter 19.48 of the Municipal Code. |
13. Refuse, recycling and other containers | a. A minimum 8-foot by 3-foot space per unit, not visible from the street, shall be provided in an interior yard behind a fence. |
b. This area shall not be concurrent with any emergency access pathway required by the Fire Department. | |
14. Parking | a. Units shall have at least one off-street parking space, except that parking requirements shall not be imposed in either of the following instances: i. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b) Code, or of a major transit stop, as defined in Public Resources Code Section 21064.3. ii. There is a car share vehicle located within one block of the parcel. |
b. Parking space(s) shall be provided in an enclosed garage encompassing 10' by 20' space for each space unobstructed (i.e., by walls, appliances, etc.) between six inches from finished floor up to six feet from finished floor. | |
c. When additional enclosed parking space(s) is/are provided, the space(s) shall meet the requirements of Chapter 19.124. | |
15. Driveway and curb cuts: | a. A one car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in width. |
b. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driveway spaces shall be in tandem. | |
c. Subparagraphs a and b do not apply to the flag lot access area. | |
d. When a two-car curb cut is permitted, a maximum 18' foot wide curb cut shall be allowed. | |
e. When a one-car curb cut is permitted, a maximum 12' foot wide curb cut, shall be allowed. | |
16. Short Term Rentals Prohibited: | No residential unit created pursuant to this Section may be rented for a term of 30 days or less. |
F. This Section shall remain in effect until such time as Government Code Section 65852.21 is repealed or superseded or its requirements for ministerial approval of housing development projects are materially amended, whether by legislation or initiative, or are held to be unenforceable by a court of competent jurisdiction, at which time this Section shall become null and void.
G. Any dwelling unit approved pursuant to this Section shall be ineligible for conversion to a condominium, community apartment, or stock cooperative project. Any application for a tentative subdivision map or tentative parcel map for a residential condominium conversion of a unit created pursuant to this Section shall be denied by the Department of Community Development.
(Ord. 22-2246, § III (part), 2022; Ord. 22-2238, § 3.10, 2022; Ord. 21-2235, § 3.10, 2021)