19.04.030 DEVELOPMENT STANDARDS

1. GENERAL STANDARDS

The standards contained in Table 04.02 (Residential Development Standards) relating to density, lot area and configuration, building setbacks, building lot coverage and height, accessory building and structure height, distance between buildings, and private outdoor living space, apply to all residential zones, and shall be determined to be minimum requirements, unless states as maximum by this Development Code.

A. Single-Family Dwellings located in the RU, RM, RMH, or HR zones shall be constructed in compliance with the development standards for the RS zone.

B. Accessory Dwelling Units shall be constructed in compliance with the requirements of Section 19.04.030(2)(P).

(Ord. MC-1559, 5-03-21 ; Ord. MC-1393, 12-02-13)

Table 04.02
RESIDENTIAL DEVELOPMENT STANDARDS

Standard	RE	RL	RS	RU	RM	RMH	RH	RSH (Ord. MC-1132, 12-20-02)	CO	CG-2	CR-2
Lot Area Maximum Units/ Net Acre	1	3.5	4.5	8 12 Sr.	12 18 SR.	24 36 Sr.	31 47 Sr.	20 (60 bedrooms)	47 SR.	12W/21E 18W/31E Sr.	47 130 SR.
Lot Area (s.f.) (Minimum required for new development)	1 ac.	10,800 av. 9,720 min.	7,200	7,200(1)	14,400(2)	20,000(3)	20,000(3)	5 ac.	1 ac.	1 ac.	1 ac-R 20,000 MU
Lot Width (feet) Corner Lot Width	150 150	80 88	60 66	60 66	60 66	60 66	60 66	150 150	60 66	60 66	60 66
Lot Depth (feet)	100	100	100	100	100	100	100	150	100	100	100
Front Setback (feet)	35	25(8) 20	25(8) 20	25(8) 20	25(8) 20	20(8) 15	20(8) 15	40	15	10	-0-
Rear Setback (feet)(4)	20	20 av. 15 min.	20 av. 15 min.	10	10	10	10	20	10	10	-0-
Side Setback minimum (feet) DU Separation(4)	5 15	5 15	5 15	5 15	1-story: 5' plus 1' for ea. 15' of wall length 2-story: 10' plus 1' for ea. 15' of wall length			30	1-story: 5' plus 1' for ea. 15' of wall length 2-story: 10' plus 1' for ea. 15' of wall length		-0-
Side Setback Street Side (feet)	15	15	15	15	15	15	15	30	10	10	-0-
(Ord. MC-876, 6-09-93)
Building Lot Coverage (Maximum %)	35	35	35	40	50	50	50	50	50	50	100
Distance Between Buildings (feet)	10	10	10	20	20	20	20	25	20	20	20
Private Outdoor Living Space (s.f.) Common Usable Outdr Living Space (s.f.)	NA NA	NA NA	NA NA	300 s.f. or 25% of unit size whichever is less 30% of net site area				35% of unit size(9)	300 s.f. or 25% of unit size whichever is less 30% of net site area
Maximum Structure Height in Stores (feet)	3 (45)	2.5 (35)	2.5 (35)	2.5 (35)	3(5) (42)	3(5) (42)	4(5) (56)	4 (56)	4(5) (56)	2 (30)	100(6)
Maximum Avg. No. of Attached Dwelling Units	6(7)	6(7)	6(7)	8	12	12	12	30	12	12	NA
av. = Average W = West of I-215 MU = Mixed Use ac. = Acre Sr. = Senior min.= Minimum E = East of I-215 R = Residential s.f. = square feet
(1) For lots of record prior to June 2, 1989, the minimum lot area is 6,200 s.f. and existing lot widths and depths are permitted. (2) The min. lot size may be less than 14,400 s.f. for parcels existing prior to November 1, 2012. Ord. MC-1381, 12-19-12 (3) The min. lot size may be less than 20,000 s.f. for parcels existing prior to November 1, 2012. Ord. MC-1381, 12-19-12 (4) See Section 19.04.030(2)(A) for accessory structure setback requirements. (5) Except within 75 feet of the Residential Suburban (RS) zone where the height shall be limited to 2.5 stores or 35 feet. (6) See Section 19.06.030(2)(E) for allowable 50 foot additional bonus height. (7) Attached dwelling units are only permitted in the Hillside Management Overlay District. (8) A 5-foot reduction in the minimum front yard setback is allowable for individual lots when yard averaging is used in conjunction with new subdivisions. Ord. MC-888, 12-07-93 (9) A minimum of 5% of the outdoor living space must be private (balcony or patio), and a minimum of 25% of the outdoor living space must be common usable space (not including parking lot landscaping, or landscaped setback areas). The balance (5%) may be either common or private usable open space. See Chapter 19.04, Section 19.04.030 (2)(U)(3).

2. RESIDENTIAL ZONES SPECIFIC STANDARDS

In addition to the general development requirements contained in Chapter 19.20 (Property

Development Standards), the following standards shall apply to specific residential zones:

TABLE 04.03
RESIDENTIAL ZONES SPECIFIC STANDARDS

Specific Standards	RE	RL	RS	RU	RM	RMH	RH	RSH	CO-1, 2	CG-2	CR-2
A. Accessory Structure	+	+	+	+	+	+	+		+	+	+
B. Day Care Facility	+	+	+	+	+	+	+		+	+	+
C. Day Care Home, Large Family	+	+	+	+	+	+	+
(Ord. MC-841, 7-08-92)
D. Density Bonus/AffordableHousing or Amenities	+	+	+	+	+	+	+		+	+	+
E. Front/Rear Yard Averaging		+	+		+	+	+
F. Golf Courses & Related Facilities	+	+	+	+	+	+	+
G. Guest House	+	+	+	+
H. Minimum Room Size	+	+	+	+	+	+	+		+	+	+
I. Minimum Dwelling Size	+	+	+	+	+	+	+		+	+	+
J. Mobile Home & Manufactured Housing	+	+	+	+	+	+	+		+	+	+
K. Mobile Home Park or Subdivision	+	+	+	+	+	+	+
L. Multiple Family Housing				+	+	+	+			+	+
M. Multi-Family Housing, Existing				+	+	+	+
(Ord. MC-821, 2-19-92)
N. Planned Residential Development				+
O. Recreational Vehicle Storage	+	+	+	+	+	+	+
P. Accessory Dwelling Unit	+	+	+	+	+	+	+
(Ord. MC-1559, 5-05-21; Ord. MC-1393, 12-02-13)
Q. Senior Citizen/ Congregate Care				+	+	+	+		+		++
R. Single Family Dwellings, Existing	+	+	+	+	+	+	+		+		++
(Ord. MC-823, 3-03-92)
S. Small Lot Subdivision				+
T. Social Services Uses/ Centers					+	+	+		+	+	+
(Ord. MC-1393, 12-02-13)
U. Vocational/ Trade Schools				+
V. Student Housing Complex								+
(Ord. MC-1132, 11-20-02)
Key: "+" applies in the zone.

A. ACCESSORY STRUCTURES

Accessory structures in residential zones are subject to Development review and shall be compatible with the materials and architecture of the main dwelling of the property. Accessory structures may only be constructed on a lot containing a main dwelling unit. Accessory structures may be built to the interior side and rear property lines provided that such structures are not closer than 10 feet to any other structure. Building Code requirements may further restrict the distance to be maintained from property lines or other structures. The accessory structure may be a maximum of 50% of the main structure footprint and a maximum of 16 feet in height.

(Ord. MC-1393, 12-02-13)

B. DAY CARE CENTER DESIGN STANDARDS

Day Care Centers are permitted for 15 or more children, subject to Conditional Use Permit review, pursuant to Section 19.04.020 (Table 04.01) and Section 19.06.020 (Table 06.01). The centers shall be constructed in the following manner

(Ord. MC-1393, 12-02-13)

1. The facility shall conform to all property development standards of the zone in which it is located.

2. Large facilities shall not be located within 500 feet of another day care center.

3. An outdoor play area of no less than 75 square feet per child, but in no case less than 450 square feet in area shall be provided. The outdoor play area shall be located in the rear area. Stationary play equipment shall not be located in required side and front yards.

4. A six-foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard. In the front yard, the open fence shall not exceed 48 inches in height, and a solid wall shall not exceed 36 inches in height. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site development and adjacent properties. All fences or walls shall provide for safety with controlled points of entry.

5. On-site landscaping shall be consistent with that prevailing in the neighborhood and shall be installed and maintained, pursuant to Chapter 19.28 (Landscaping Standards). Landscaping shall be provided to reduce noise impacts on surrounding properties.

6. All on-site parking shall be provided pursuant to the provisions of Chapter 19.24 (Off-Street Parking). On-site vehicle turnaround or separate entrance and exit points, and adequate passenger loading spaces, shall be provided.

7. All on-site lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity appropriate to the use it is serving.

8. All on-site signage shall comply with the provisions of Chapter 19.22. (Sign Standards).

9. The center shall contain a fire extinguisher and smoke detector devices and meet all standards established by the City Fire Marshall.

10. A center within a residential zone may operate up to 14 hours per day.

11. Outdoor activities may only be conducted between the hours of 8:30 A.M. to 8:00 P.M.

(Ord. MC-841, 7-08-92)

C. DAY CARE HOMES, LARGE FAMILY

Large family day care homes may be located no closer than 500 feet, in any direction, from an existing large family day care home, measured from property line to property line except that they may be located no closer than 250 feet measured from property line to property line from any existing large family day care home not fronting on the same street.

(Ord. MC-859, 1-22-93; Ord. MC-841, 7-08-92)

D. DENSITY BONUS

1. Purpose

The purpose of this Chapter is to:

a. Establish procedures for implementing State Density Bonus requirements, as set forth in California Government Code Sections 65915, and

b. Facilitate the development of affordable housing consistent with the goals, objectives, and policies of the Housing Element of the City's General Plan.

c. This Chapter establishes incentives available to developers to produce housing affordable to very-low, low and moderate-income households, transitional foster youth, disabled veterans, homeless persons, lower-income students, and senior citizens, consistent with State Density Bonus law.

2. Government Code 65915 - 65918

a. (1) When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the City shall comply with this section. The City shall adopt an ordinance that specifies how compliance with this section will be implemented. Except as otherwise provided in subdivision(s), failure to adopt an ordinance shall not relieve the City from complying with this section.

(2) The City shall not condition the submission, review, or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law, including this section. This subdivision does not prohibit the City from requiring an applicant to provide reasonable documentation to establish eligibility for a requested density bonus, as described in subdivision (b), and parking ratios, as described in subdivision (p).

(3) In order to provide for the expeditious processing of a density bonus application, the City shall do all of the following:

(A) Adopt procedures and timelines for processing a density bonus application.

(B) Provide a list of all documents and information required to be submitted with the density bonus application in order for the density bonus application to be deemed complete. This list shall be consistent with this chapter.

(C) Notify the applicant for a density bonus whether the application is complete in a manner consistent with the timelines specified in Government Code Section 65943.

(D) (i) If the City notifies the applicant that the application is deemed complete pursuant to subparagraph (C), provide the applicant with a determination as to the following matters:

(I) The amount of density bonus calculated pursuant to subdivision (f), for which the applicant is eligible.

(II) If the applicant requests a parking ratio pursuant to subdivision (p), the parking ratio for which the applicant is eligible.

(III) If the applicant requests incentives or concessions pursuant to subdivision (d) or waivers or reductions of development standards pursuant to subdivision (e), whether the applicant has provided adequate information for the City to decide as to those incentives, concessions, or waivers, or reductions of development standards.

(ii) Any determination required by this subparagraph shall be based on the development project at the time the application is deemed complete. The City shall adjust the amount of density bonus and parking ratios awarded pursuant to this section based on any changes to the project during the course of development.

b. (1) The City shall grant one density bonus, the amount of which shall be as specified in subdivision (f), and, if requested by the applicant and consistent with the applicable requirements of this section, incentives or concessions, as described in subdivision (d), waivers or reductions of development standards, as described in subdivision (e), and parking ratios, as described in subdivision (p), if an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following:

(A) Ten percent of the total units of a housing development, including a shared housing building development, for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code.

(B) Five percent of the total units of a housing development, including a shared housing building development, for rental or sale to very low-income households, as defined in Section 50105 of the Health and Safety Code.

(C) A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. For purposes of this subparagraph, "development" includes a shared housing building development.

(D) Ten percent of the total dwelling units of a housing development are sold to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.

(E) Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subparagraph are subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low-income units.

(F) (i) Twenty percent of the total units for lower income students in a student housing development that meets the following requirements:

(I) All units in the student housing development shall be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the City that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are insufficient students enrolled in an institution of higher education to fill all units in the student housing development.

(II) The applicable 20-percent units shallwill be used for lower income students.

(III) The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.

(IV) The development shall provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subclause.

(ii) For purposes of calculating a density bonus granted pursuant to this subparagraph, the term "unit" as used in this section means one rental bed and its pro rata share of associated common area facilities. The units described in this subparagraph are subject to a recorded affordability restriction of 55 years.

(G) One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code. For purposes of this subparagraph, "development" includes a shared housing building development.

(2) For purposes of calculating the amount of the density bonus pursuant to subdivision (f), an applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph (A), (B), (C), (D), (E), (F), or (G) of paragraph (1).

c. (1) (A) An applicant shall agree to, and the City shall ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

(B) (i) Except as otherwise provided in clause (ii), rents for the lower income density bonus units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code.

(ii) For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), rents for all units in the development, including both base density and density bonus units, shall be as follows:

(I) The rent for at least 20 percent of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code.

(II) The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by the California Tax Credit Allocation Committee.

(2) (A) An applicant shall agree to ensure, and the City shall ensure, that a for-sale unit that qualified the applicant for the award of the density bonus meets either of the following conditions:

(i) The unit is initially sold to and occupied by a person or family of very low, low, or moderate income, as required, and it is offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code and is subject to an equity sharing agreement.

(ii) If the unit is not purchased by an income-qualified person or family within 180 days after the issuance of the certificate of occupancy, the unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code and that includes all of the following:

(I) A repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser. The nonprofit corporation has a determination letter from the Internal Revenue Service affirming its tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code and is not a private foundation as that term is defined in Section 509 of the Internal Revenue Code.

(II) An equity sharing agreement. The nonprofit corporation is based in California.

(III) Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner-occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052.5 of the Health and Safety Code. All of the board members of the nonprofit corporation have their primary residence in California.

(IV) The primary activity of the nonprofit corporation is the development and preservation of affordable home ownership housing in California that incorporates within their contracts for initial purchase a repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser pursuant to an equity sharing agreement or affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner-occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052.5 of the Health and Safety Code.

(B) For purposes of this paragraph, a "qualified nonprofit housing corporation" is a nonprofit housing corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

(C) The local government shall enforce an equity sharing agreement required pursuant to clause (i) or (ii) of subparagraph (A) unless it is in conflict with the requirements of another public funding source or law or may defer to the recapture provisions of the public funding source. The following apply to the equity sharing agreement:

(i) Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller's proportionate share of appreciation.

(ii) Except as provided in clause (v), the local government shall recapture any initial subsidy, as defined in clause (iii), and its proportionate share of appreciation, as defined in clause (iv), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.

(iii) For purposes of this subdivision, the local government's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

(iv) For purposes of this subdivision, the local

government's proportionate share of appreciation shall be equal to the ratio of the local government's initial subsidy to the fair market value of the home at the time of initial sale.

(v) If the unit is purchased or developed by a qualified nonprofit housing corporation pursuant to clause (ii) of subparagraph (A) the local government may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use 100 percent of the proceeds to promote homeownership for lower income households as defined by Section 50079.5 of the Health and Safety Code within the jurisdiction of the local government.

(3) (A) An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:

(i) The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subdivision (b).

(ii) Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.

(B) For the purposes of this paragraph, "replace" shall mean either of the following:

(i) If any dwelling units described in subparagraph (A) are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. For unoccupied dwelling units described in subparagraph (A) in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2).

(ii) If all dwelling units described in subparagraph (A) have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2).

(C) Notwithstanding subparagraph (B), for any dwelling unit described in subparagraph (A) that is or was, within the five-year period preceding the application, subject to a form of rent or price control through a local government's valid exercise of its police power and that is or was occupied by persons or families above lower income, the City may do either of the following:

(i) Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2).

(ii) Require that the units be replaced in compliance with the jurisdiction's rent or price control ordinance, provided that each unit described in subparagraph (A) is replaced. Unless otherwise required by the jurisdiction's rent or price control ordinance, these units shall not be subject to a recorded affordability restriction.

(D) For purposes of this paragraph, "equivalent size" means that the replacement units contain at least the same total number of bedrooms as the units being replaced.

(E) Subparagraph (A) does not apply to an applicant seeking a density bonus for a proposed housing development if the applicant's application was submitted to, or processed by, the City before January 1, 2015.

d. (1) An applicant for a density bonus pursuant to subdivision (b) may submit to the City a proposal for the specific incentives or concessions that the applicant requests pursuant to this section and may request a meeting with the City. The City shall grant the concession or incentive requested by the applicant unless the City makes a written finding, based upon substantial evidence, of any of the following:

(A) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).

(B) The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.

(C) The concession or incentive would be contrary to state or federal law.

(2) The applicant shall receive the following number of incentives or concessions:

(A) One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low-income households, or at least 10 percent for persons and families of moderate income in a development in which the units are for sale.

(B) Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 percent for very low-income households, or at least 20 percent for persons and families of moderate income in a development in which the units are for sale.

(C) Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low-income households, or at least 30 percent for persons and families of moderate income in a development in which the units are for sale.

(D) Five Four incentives or concessions for a project meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b). If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.

(E) One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development.

(F) Four incentives or concessions for projects that include at least 16 percent of the units for very low income households or at least 45 percent for persons and families of moderate income in a developments in which the units are for sale.

(3) The applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. This subdivision shall not be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. This subdivision shall not be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The City shall establish procedures for carrying out this section that shall include legislative body approval of the means of compliance with this section.

(4) The City shall bear the burden of proof for the denial of a requested concession or incentive.

e. (1) In no case may the City apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. Subject to paragraph (3), an applicant may submit to the City a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section and may request a meeting with the City. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. This subdivision shall not be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. This subdivision shall not be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law.

(2) A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d).

(3) A housing development that receives a waiver from any maximum controls on density pursuant to clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f) shall only be eligible for a waiver or reduction of development standards as provided in subparagraph (D) of paragraph (2) of subdivision (d) and clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f), unless the City agrees to additional waivers or reductions of development standards.

f. For the purposes of this chapter, "density bonus" means a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the City, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increases to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b).

(1) For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:

Percentage Low-Income Units	Percentage Density Bonus
10	20
11	21.5
12	23
13	24.5
14	26
15	27.5
16	29
17	30.5
18	32
19	33.5
20	35
21	38.75
22	42.5
23	46.25
24	50

(2) For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:

Percentage Very Low-Income Units	Percentage Density Bonus
5	20
6	22.5
7	25
8	27.5
9	30
10	32.5
11	35
12	38.75
13	42.5
14	46.25
15	50

(3) (A) For housing developments meeting the criteria of subparagraph (C) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of senior housing units.

(B) For housing developments meeting the criteria of subparagraph (E) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of the type of units giving rise to a density bonus under that subparagraph.

(C) For housing developments meeting the criteria of subparagraph (F) of paragraph (1) of subdivision (b), the density bonus shall be 35 percent of the student housing units.

(D) For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), the following shall apply:

(i) Except as otherwise provided in clauses (ii) and (iii), the density bonus shall be 80 percent of the number of units for lower income households.

(ii) If the housing development is located within one-half mile of a major transit stop, the City shall not impose any maximum controls on density.

(iii) If the housing development is located in a very low vehicle travel area within a designated county, the City shall not impose any maximum controls on density.

(4) For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:

Percentage Moderate-Income Units	Percentage Density Bonus
10	5
11	6
12	7
13	8
14	9
15	10
16	11
17	12
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40	35
41	38.75
42	42.5
43	46.25
44	50

(5) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.

g. (1) When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City in accordance with this subdivision, the applicant shall be entitled to a 15-percent increase above the otherwise maximum allowable residential density for the entire development, as follows:

Percentage Very Low Income	Percentage Density Bonus
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

(2) This increase shall be in addition to any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met:

(A) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

(B) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than 10 percent of the number of residential units of the proposed development.

(C) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure.

(D) The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government before the time of transfer.

(E) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the property at the time of the transfer.

(F) The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer.

(G) The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development.

(H) A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

h. (1) When an applicant proposes to construct a housing development that conforms to the requirements of subdivision (b) and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the City shall grant either of the following:

(A) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility.

(B) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

(2) The City shall require, as a condition of approving the housing development, that the following occur:

(A) The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision (c).

(B) Of the children who attend the childcare facility, the children of very low-income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower income households, or families of moderate income pursuant to subdivision (b).

(3) Notwithstanding any requirement of this subdivision, the City shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.

(4) "Childcare facility," as used in this section, means a child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and school age childcare centers.

i. "Housing development," as used in this section, means a development project for five or more residential units, including mixed-use developments. For the purposes of this section, "housing development" also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by the City and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

j. (1) The granting of a concession or incentive shall not require or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. For purposes of this subdivision, "study" does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the incentive or concession meets the definition set forth in subdivision (k). This provision is declaratory of existing law.

(2) Except as provided in subdivisions (d) and (e), the granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards.

k. For the purposes of this chapter, concession or incentive means any of the following:

(1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).

(2) Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

(3) Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).

l. Subdivision (k) does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the City, or the waiver of fees or dedication requirements.

m. This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under this section shall be permitted in a manner that is consistent with this section and Division 20 (commencing with Section 30000) of the Public Resources Code.

n. If permitted by local ordinance, nothing in this section shall be construed to prohibit the City from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section.

o. For purposes of this section, the following definitions shall apply:

(1) "Designated county" includes the Counties of Alameda, Contra Costa, Los Angeles, Marin, Napa, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Mateo, Santa Barbara, Santa Clara, Solano, Sonoma, and Ventura, and the City and County of San Francisco.

(2) "Development standard" includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.

(3) "Located within one-half mile of a major transit stop" means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.

(4) "Lower income student" means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.

(5) "Major transit stop" has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.

(6) "Maximum allowable residential density" or "base density" means the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. Density shall be determined using dwelling units per acre. However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwelling-units-per-acre standard for density, then the local agency shall calculate the number of units by:

(A) Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open-space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. A developer may provide a base density study and the local agency shall accept it, provided that it includes all applicable objective development standards.

(B) Maintaining the same average unit size and other project details relevant to the base density study, excepting those that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.

(7) (A) (i) "Shared housing building" means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.

(ii) "shared housing building" may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units.

(B) "Shared housing unit" means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations) and complies with the definition of "guestroom" in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.

(8) (A) "Total units" or "total dwelling units" means a calculation of the number of units that:

(i) Excludes a unit added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.

(ii) Includes a unit designated to satisfy an inclusionary zoning requirement of the City.

(B) For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, "unit" means one shared housing unit and its pro rata share of associated common area facilities.

(9) "Very low vehicle travel area" means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, "area" may include a travel analysis zone, hexagon, or grid. For the purposes of determining "regional vehicle miles traveled per capita" pursuant to this paragraph, a "region" is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.

p. (1) Except as provided in paragraphs (2), (3), and (4), upon the request of the developer, the City shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, of a development meeting the criteria of subdivisions (b) and (c), that exceeds the following ratios:

(A) Zero to one bedroom: one onsite parking space.

(B) Two to three bedrooms: one and one-half onsite parking spaces.

(C) Four and more bedrooms: two and one-half parking spaces.

(2) (A) Notwithstanding paragraph (1), if a development includes at least 20 percent low-income units for housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b) or at least 11 percent very low income units for housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the City shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit. Notwithstanding paragraph (1), if a development includes at least 40 percent moderate-income units for housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and the residents of the development have unobstructed access to the major transit stop from the development then, upon the request of the developer, the City shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per bedroom.

(B) For purposes of this subdivision, "unobstructed access to the major transit stop" means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph, "natural or constructed impediments" includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.

(3) Notwithstanding paragraph (1), if a development meets the criteria of subparagraph (G) of paragraph (1) of subdivision (b), then, upon the request of the developer, the City shall not impose vehicular parking standards if the development meets any of the following criteria:

(A) The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development.

(B) The development is a for-rent housing development for individuals who are 55 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

(C) The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

(4) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide onsite parking through tandem parking or uncovered parking, but not through onstreet parking.

(5) This subdivision shall apply to a development that meets the requirements of subdivisions (b) and (c), but only at the request of the applicant. An applicant may request parking incentives or concessions beyond those provided in this subdivision pursuant to subdivision (d).

(6) This subdivision does not preclude the City from reducing or eliminating a parking requirement for development projects of any type in any location.

(7) Notwithstanding paragraphs (2) and (3), if the City or an independent consultant has conducted an areawide or jurisdiction wide parking study in the last seven years, then the City may impose a higher vehicular parking ratio not to exceed the ratio described in paragraph (1), based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market- rate and subsidized developments, and the lower rates of car ownership for low-income and very low income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio.

(8) A request pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d).

q. Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. The Legislature finds and declares that this provision is declaratory of existing law.

r. This chapter shall be interpreted liberally in favor of producing the maximum number of total housing units.

s. Notwithstanding any other law, if the City has adopted an ordinance or a housing program, or both an ordinance and a housing program, that incentivizes the development of affordable housing that allows for density bonuses that exceed the density bonuses required by the version of this section effective through December 31, 2020, the City is not required to amend or otherwise update its ordinance or corresponding affordable housing incentive program to comply with the amendments made to this section by the act adding this subdivision, and is exempt from complying with the incentive and concession calculation amendments made to this section by the act adding this subdivision as set forth in subdivision (d), particularly subparagraphs (B) and (C) of paragraph (2) of that subdivision, and the amendments made to the density tables under subdivision (f).

t. When an applicant proposes to construct a housing development that conforms to the requirements of subparagraph (A) or (B) of paragraph (1) of subdivision (b) that is a shared housing building, the City shall not require any minimum unit size requirements or minimum bedroom requirements that are in conflict with paragraph (7) of subdivision (o).

u. (1) The Legislature finds and declares that the intent behind the Density Bonus Law is to allow public entities to reduce or even eliminate subsidies for a particular project by allowing a developer to include more total units in a project than would otherwise be allowed by the local zoning ordinance in exchange for affordable units. It further reaffirms that the intent is to cover at least some of the financing gap of affordable housing with regulatory incentives, rather than additional public subsidy.

(2) It is therefore the intent of the Legislature to make modifications to the Density Bonus Law by the act adding this subdivision to further incentivize the construction of very low, low-, and moderate-income housing units. It is further the intent of the Legislature in making these modifications to the Density Bonus Law to ensure that any additional benefits conferred upon a developer are balanced with the receipt of a public benefit in the form of adequate levels of affordable housing. The Legislature further intends that these modifications will ensure that the Density Bonus Law creates incentives for the construction of more housing across all areas of the state.

v. (1) Provided that the resulting housing development would not restrict more than 50 percent of the total units to moderate-income, lower income, or very low income households, a City shall grant an additional density bonus calculated pursuant to paragraph (2) when an applicant proposes to construct a housing development that conforms to the requirements of paragraph (1) of subdivision (b), agrees to include additional rental or for-sale units affordable to very low income households or moderate income households, and meets any of the following requirements:

(A) The housing development conforms to the requirements of subparagraph (A) of paragraph (1) of subdivision (b) and provides 24 percent of the total units to lower income households.

(B) The housing development conforms to the requirements of subparagraph (B) of paragraph (1) of subdivision (b) and provides 15 percent of the total units to very low-income households.

(C) The housing development conforms to the requirements of subparagraph (D) of paragraph (1) of subdivision (b) and provides 44 percent of the total units to moderate-income households.

(2) A City shall grant an additional density bonus for a housing development that meets the requirements of paragraph (1), calculated as follows:

Percentage Very Low Income Units	Percentage Density Bonus
5	20
6	23.75
7	27.5
8	31.25
9	35
10	38.75
Percentage Moderate-Income Units	Percentage Density Bonus
5	20
6	22.5
7	25
8	27.5
9	30
10	32.5
11	35
12	38.75
13	42.5
14	46.25
15	50

(3) The increase required by paragraphs (1) and (2) shall be in addition to any increase in density granted by subdivision (b).

(4) The additional density bonus required under this subdivision shall be calculated using the number of units excluding any density bonus awarded by this section.

E. FRONT/REAR YARD AVERAGING STANDARDS

Front/rear setbacks required by the base district in Table 04.02 may be averaged on the interior lots within a single family detached or duplex subdivision.

The front/rear yard setback of a group of five adjacent dwelling units may vary up to five feet from that required. The average setback of all five units shall equal the minimum required for the base zone.

F. GOLF COURSES AND RELATED FACILITIES STANDARDS

Golf course developments are subject to Conditional Use Permit review and shall be constructed in the following manner:

1. State-of-the-art water conservation techniques shall be incorporated into the design and irrigation of the golf course.

2. Treated effluent shall be used for irrigation where available.

3. Perimeter walls or fences shall provide a viewshed window design along all public rights-of-way, incorporating a mix of pilasters and wrought iron fencing or equivalent treatment.

4. All accessory facilities, including but not limited to, club houses, maintenance buildings, and half-way club houses shall be designed and located to ensure compatibility and harmony with the golf course setting.

G. GUEST HOUSE DESIGN STANDARDS

Guest houses shall be constructed in the following manner:

1. All guest houses shall conform to all development standards of the underlying zone.

2. There shall be no more than 1 guest house on any lot.

3. The floor area of the guest house shall not exceed 500 square feet.

4. The guest house shall not exceed the height of the main dwelling.

5. There shall be no kitchen or cooking facilities or wet bar facilities within a guest house.

6. The guest house shall conform to all of the setback regulations outlined in the applicable zone.

7. A guest house shall be used only by the occupants of the main dwelling, their non-paying guests, or domestic employees. The guest house shall not be rented.

(Ord. MC-1393, 12-02-13)

H. MINIMUM DWELLING SIZE STANDARDS

The following minimum dwelling areas are computed by calculating the living area as measured from the outside of walls and excludes garages, carports, exterior courtyards, patios, or balconies.

1. The minimum area requirements for single-family residential units are as follows:

a.

Zone	Minimum Area in Square Feet	Minimum Average Livable Area in Square Feet
RE	1,700	---
RL	1,200	1,500
RS	1,200	---
RU	1,000	---
(Ord. MC-826, 4-07-92)

b. Infill Single-Family Dwellings

Minimum Livable Area in Square Feet 1,000 sq. ft.*

*Note: The minimum setbacks of applicable zone shall be applied.

2. The minimum area requirements for apartments/multi-family are as follows:

Livable Area in Square Feet	Bedrooms Maximum Number	Baths Minimum Number
500	Bachelor	1
600	1	1
800	2	1½
1,000	3	2
1,200	3+	2

I. MINIMUM ROOM SIZE STANDARDS

Minimum room size standards are as follows:

Room	Minimum Area in Square Feet
Garage	400

All Other Subject to adopted UBC Standards

(Ord. MC-826, 4-07-92)

J. MOBILE HOME AND MANUFACTURED HOUSING DESIGN STANDARDS

Manufactured or mobile homes are subject to Development Permit review and shall be installed in the following manner:

1. Mobile or manufactured homes may be used as single-family dwellings if the home is certified under the National Mobile Home Construction and Safety Standards Act of 1974.

2. Mobile or manufactured homes which are used as single-family residences shall be installed on an approved permanent foundation system in compliance with applicable codes.

3. Director shall determine that the subject lot together with the proposed mobile or manufactured home is compatible with surrounding development. This determination shall include an assessment of on-site design and development standards and materials, architectural aesthetics, setbacks, building height, accessory buildings, access, off-street parking and minimum square footage requirements, and any other criteria determined appropriate by the Director.

4. The following Specific Design Standards shall govern the installation and construction of manufactured and mobile homes.

a. All homes shall have a minimum eave dimension of 1 foot.

b. All siding shall be non-reflective and shall be installed from the ground up to the roof.

c. All roofs shall have a minimum pitch of 1:4.

d. All homes shall have a minimum width (across the narrowest portion) of 20 feet.

K. MOBILE HOME PARK OR SUBDIVISION DESIGN STANDARDS

Mobile home parks or subdivisions are subject to Development Permit review and shall be constructed in the following manner:

1. Individual mobile home space minimum setbacks shall be measured from the edge of internal streets and space lines as follows:

a. Front - 10 feet

b. Side - 5 feet on each side, or zero lot line on one side with 10 feet on the opposite side.

c. Rear - 10 feet

d. Structural separation - 10 foot minimum between dwelling units.

2. Maximum mobile home space coverage (mobile home and its accessory structure) shall be 75%.

3. Each mobile home shall be equipped with skirting, or provided with a support pad which is recessed to give the appearance of the mobile home being located on-grade.

4. All on-site utilities shall be installed underground.

5. The mobile home park shall be provided with parking as required by Chapter 19.24 (Off-street Parking Standards).

6. A common recreation area which may contain a recreation building shall be provided in the park for use by all tenants and their invited guests. The area shall be provided in one common location with a minimum aggregate area of 400 square feet of recreational space for each mobile home space.

7. All exterior boundaries of the mobile home park shall appear similar to conventional residential developments and shall be screened by a decorative wall, fence or other comparable device six feet in height, with a minimum six- foot wide landscaped area provided along the inside of the perimeter screen.

8. Common open space shall be landscaped in accordance with a landscape plan approved by the review authority and in a manner consistent with Chapter 19.28 (Landscaping Standards).

9. All mobile home park or subdivision developments shall provide recreational amenities within the site which may include: a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter - barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or, day care facilities. The type of amenities shall be approved by the Director and provided according to the following schedule:

Units	Amenities
0-9	0
10-50	1
51-100	2
101-200	3
201-300	4

Add 1 amenity for each 100 additional units or fraction thereof.

L. MULTI-FAMILY HOUSING STANDARDS

Multi-family housing is permitted in the RU, RM, RMH, RH, CG-2, and CR-2 zones subject to Development Permit Review and shall be constructed in the following manner:

1. All multi-family developments with 12 or more dwelling units shall provide 30% useable open space for passive and active recreational uses. Useable open space areas shall not include: rights-of-way; vehicle parking areas; areas adjacent to or between any structures less than 15 feet apart; setbacks; patio or private yards; or, slope areas greater than 8%.

2. Each dwelling unit shall have a private (walled) patio or balcony not less than 300 square feet in area or 25% of the dwelling unit size, whichever is less.

3. All multi-family developments shall provide recreational amenities within the site which may include: a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter - barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or, day care facilities. The type of amenities shall be approved by the Director and provided according to the following schedule:

Units	Amenities
0-11	0
12-50	1
51-100	2
101-200	3
201-300	4

Add 1 amenity for each 100 additional units or fraction thereof.

4. Off-street parking spaces for multi-family residential developments shall be located within 150 feet from the dwelling unit (front or rear door) for which the parking space is provided.

5. Each dwelling unit shall be provided a minimum of 150 cubic feet of private enclosed storage space within the garage, carport, or immediately adjacent to the dwelling unit.

6. Driveway approaches within multiple family developments of 12 or more units shall be delineated with interlocking pavers, rough-textured concrete, or stamped concrete and landscaped medians.

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

8. Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided.

9. Each dwelling unit shall be plumbed and wired for a washing machine and dryer.

10. Management and security plans shall be submitted for review and approval for multi-family developments with 12 or more dwelling units. These plans shall be comprehensive in scope.

M. MULTI-FAMILY HOUSING, EXISTING

Additions, alterations, and expansions to multi-family housing which legally existed prior to June 3, 1991, shall comply with the standards of the multi-family zone in which the project is located.

(Ord. MC-821, 2-19-92)

N. PLANNED RESIDENTIAL DEVELOPMENT/SMALL LOT SUBDIVISIONS

Planned Residential Development (PRD) including Clustered Subdivision and Small Lot Divisions are permitted in Residential Urban (RU), Residential Medium (RM), Residential Medium High (RMH), and Residential High (RH) zones subject to Development Permit review. Attached and detached single-family dwelling units are permitted. The purpose of allowing these types of developments is to promote residential amenities beyond those expected in conventional residential developments, to achieve greater flexibility in design, to encourage well planned neighborhood through creative and imaginative planning as a unit, to provide for appropriate use of land which is sufficiently unique in its physical characteristics or other circumstances to warrant special methods of development, to reduce development problems in hillside areas and to preserve areas of natural scenic beauty through the encouragement of integrated planning and design.

(Ord. MC-1213, 12-07-05)

1. Density

The underlying residential zone or the Hillside Management Overlay Zone shall determine the maximum number of dwelling units allowed in a PRD or Small Lot Subdivision. Where a parcel or parcels have more than one zone, the maximum number of dwelling units shall be determined by adding together the allowable density for each zone area. Density transfer throughout the PRD project area is permitted for the promotion of clustering units in those areas suited to development, and thus preserving the open space and natural features of the site. (See Hillside Management Overlay Zone for restrictions to on-site density transfer.)

2. Minimum Lot Size

The minimum lot size for a detached single-family unit in a Small Lot Subdivision shall be 5,000 square feet. PRDs may create lot sizes to accommodate the creation of attached single-family dwelling units or Clustered Subdivisions.

3. Site Coverage

Structures shall not occupy more than 40% of the gross site area.

4. Structure Height/Number of Attached Dwelling Units

Detached single-family structures shall not exceed 2½ stories, or 35 feet. Attached single-family structures shall not exceed three stories or 42 feet. The maximum average number of single-family units attached in any manner to form a single structure shall be six.

5. Setbacks

The minimum front, rear, and side structural setback from the project perimeter boundary shall be 15 feet. The minimum dwelling unit side structural setback from other dwelling unit structures is 15 feet plus one foot for each 15 feet of structure length. In small lot subdivisions the minimum side setback is five feet with a 15-foot minimum dwelling unit separation.

6. Open Space

All Planned Residential Developments with 12 or more dwelling units shall provide 30% useable open space for passive and active recreational uses. Planned Residential Development consisting of single-family detached units may provide 15% useable open space in lieu of the required 30%.

Useable open space areas shall not include: rights-of-way; vehicle parking areas; areas adjacent to or between any structures less than 15 feet apart; setbacks; patios and private yards; or, slope areas greater than eight percent. Slopes greater than eight percent may be approved in the Hillside Management Overlay District by the Director as useable open space.

(Ord. MC-1178, 8-17-04)

7. Amenities

All Planned Residential Developments shall provide recreational amenities within the site which may include: a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter - barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or, day care facilities. The type of amenities shall be approved by the Director and provided according to the following schedule:

Units	Amenities
0-11	0
12-50	1
51-100	2
101-200	3
201-300	4

Add 1 amenity for each 100 additional units or fraction thereof.

8. Private Streets

Private streets shall be permitted when there is a homeowners' association established to maintain them. The streets shall be built to standards and specifications for public works construction.

9. Maintenance and Completion of Open Space, Amenities, Landscaping, and Manufactured Slopes

No lot or dwelling unit in the development shall be sold unless a corporation, homeowners' association, assessment district or other approved appropriate entity has been legally formed with the right to assess all those properties which are jointly owned or benefited to operate and maintain all of the mutually available features of the development including, but not limited to, open space, amenities, landscaping or slope maintenance landscaping (which may be on private lots adjacent to street rights-of-way). Conditions, Covenants, and Restrictions (CC&Rs) may be developed and recorded for the development subject to the review and approval of the City Attorney. The recorded CC&Rs shall permit the enforcement by the City, if required. No lot or dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, or approved phase thereof, have been completed or completion is assured by a financing guarantee method approved by the City Engineer.

10. Fire Department Standard

All parts of the structures shall be within 150 feet of paved access for single- story and 50 feet for multi-story.

11. Residential Specific Standards

In addition to the PRD development requirements, the following specific standards contained within this chapter shall apply:

a. Day care facilities

b. Golf courses and related facilities

c. Guest house

d. Lighting

e. Minimum room size

f. Minimum dwelling size

g. Mobile home and manufactured housing

h. Mobile home park or subdivision

i. Recreational vehicle storage

O. RECREATIONAL VEHICLE STORAGE FACILITIES

Developments within the multi-family zones and with 12 or more dwelling units shall provide recreational vehicle storage facilities. The storage facilities shall be reviewed as part of the Development Permit and shall be constructed in the following manner:

1. Centralized storage areas shall be provided for recreational vehicles, boats, etc., at a minimum of one space for each eight dwelling units. Any fractional space requirement shall be construed as requiring one full storage space pursuant to Chapter 19.24 (Off-Street Parking Standards).

2. Individual storage spaces shall measure not less than 12 feet by 30 feet, and shall have direct access to a driveway with a minimum paved width of 25 feet.

3. Storage areas shall be paved and drained.

4. Storage areas shall be completely screened from exterior view by a combination of landscaping, masonry walls, fences or other comparable screening devices 8 feet in height, subject to the approval of the Director.

P. Accessory Dwelling Units

1. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22

2. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

a. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

b. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

c. Considered in the application of any local ordinance, policy, or program to limit residential growth.

d. Required to correct a nonconforming zoning condition, as defined in subsection 3. g below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

3.. Definitions. As used in this section, terms are defined as follows:

a. "Accessory dwelling unit" or "ADU" 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. An accessory dwelling unit also includes the following:

i. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and

ii. A manufactured home, as defined by section 18007 of the California Health and Safety Code.

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

c. "Complete independent living facilities" means 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.

d. "Efficiency kitchen" means a kitchen that includes each of the following:

i. A cooking facility with appliances.

ii. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

e. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

i. It is no more than 500 square feet in size,

ii. It is contained entirely within an existing or proposed single- family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

iii. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

iv. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

f. "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.

g. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

h. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU

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

j. "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.

k. "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.

4. Approvals. The following approvals apply to ADUs and JADUs under this section:

a. Statutory Criteria. If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios:

i. Converted on Single-family Lot: One ADU as described in this subsection 0 and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

a) a) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

b) Has exterior access that is independent of that for the single- family dwelling; and

c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

d) The JADU complies with the requirements of Government Code Section 65852.22.

ii Limited Detached on Single-family Lot: One detached, new- construction ADU on a lot with a proposed or existing single- family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection 0 above), if the detached ADU satisfies each of the following limitations:

a) The side- and rear-yard setbacks are at least four-feet.

b) The total floor area is 800 square foot or smaller.

c) The peak height above grade does not exceed the applicable height limit in subsection 5.c below.

iii. Converted on Multifamily Lot: One or more ADUs within 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 converted ADU complies with state building standards for dwellings. Under this subsection 1.a.i.c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

iv. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:

a) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.

b) The peak height above grade does not exceed the applicable height limit provided in subsection 5.c below.

b. Additional Criteria.

i. An ADU that does not qualify under the criteria set forth in subsection 0 above may be created with a building permit if it complies with the standards set forth in subsections 5 and 6 below

c. Process and Timing.

i. An ADU application is considered and approved ministerially, without discretionary review or a hearing.

ii. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City does not approve or deny the completed application within 60 days, the application is deemed approved unless either:

a) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or

b) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing

iii. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection Error! Reference source not found. above.

iv. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

5. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections 0 or 0 above:

a. Zoning.

i. An ADU or JADU subject only to a building permit under subsection 0 above may be created on a lot in a residential or mixed-use zone.

ii. An ADU or JADU subject to an ADU permit under subsection 0 above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

b. Access. Each ADU and JADU must have direct exterior access that is separate from that of the primary dwelling.

c. Height.

i. Except as otherwise provided by subsections 0 and 0 below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.

ii. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

iii. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

iv. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection 0 may not exceed two stories.

v. For purposes of this subsection 5.c, height is measured above existing legal grade to the peak of the structure.

d. Rental Term.

i. Fire sprinklers are required in an ADU if sprinklers are required in the prmary residence.

ii. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed int he existing primary dwelling.

e. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

f. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

g. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

h. Owner Occupancy. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

i. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

i. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

ii. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

iii. The deed restriction runs with the land and may be enforced against future property owners.

iv. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

v. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

6. Specific ADU Requirements. The following requirements apply only to ADUs that are approved under subsection 0 above.

a. Maximum Size.

i. The maximum size of a detached or attached ADU subject to this subsection 6 is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.

ii. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

iii. Application of other development standards in this subsection 6, such as setbacks or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection 0 above or of a lot coverage limit or open- space requirement may require the ADU to be less than 800 square feet.

b. Setbacks.

i. An ADU that is subject to this subsection 6(6) must conform to a 25-foot front-yard setback, subject to subsection 0 above.

ii. An ADU that is subject to this subsection 6 must conform to 4-foot side- and rear-yard setbacks.

iii. No setback is required for an ADU that is subject to this subsection 6 if the ADU is constructed in the same location and to the same dimensions as an existing structure.

c. Lot Coverage. No ADU subject to this subsection 6 may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection 0 above.

d. Passageway. No passageway, as defined by subsection 3. h above, is required for an ADU.

e. No Replacement Parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

f. Architectural Requirements.

i. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.

ii. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

iii. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

iv. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building facade, not facing a public-right-of-way.

7. Fees. The following requirements apply to all ADUs and JADUs that are approved under subsections 0 or 0 above.

a. Impact Fees.

i. No impact fee is required for an ADU or JADU that is less than 750 square feet in size. For purposes of this subsection 7.a, "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

ii. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

b. Utility Fees.

i. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

ii. Except as described in subsection 0, converted ADUs and JADUs on a single-family lot that are created under subsection 0 above above are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required.

iii. Except as described in subsection 0, all ADUs and JADUs that are not covered by subsection 0 require a new, separate utility connection directly between the ADU or JADU and the utility.

a) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

b) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

(Ord. MC-1604U, 12-07-22; Ord. MC-1559, 5-05-21; Ord. MC-1393, 12-02-13)

Q. SENIOR CITIZEN/CONGREGATE CARE HOUSING DESIGN STANDARDS

Senior group housing developments are subject to Development Permit review and shall be constructed in the following manner:

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

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

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

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

5. The number of dwelling units shall be based on Table 4.02 (Residential Development Standards).

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

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

7. The main pedestrian entrance to the development, common areas, and the parking facility shall be provided with handicapped access pursuant to Section 19.24.050.

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

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

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

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

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

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

a. Central cooking and dining room(s).

b. Beauty and barber shop.

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

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

a. One covered parking space for each dwelling unit for the exclusive use of the senior citizen residents plus one space for every 5 units for guest parking.

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

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

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

e. Design standards relating to handicapped parking, access, surfacing, striping, lighting, landscaping, shading, dimensional requirements, etc. shall be consistent with the standards outlined in Chapter 19.24 (Off- Street Parking Standards).

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

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

16. Trash receptacle(s) shall be provided on the premises. Trash receptacle(s) shall comply with adopted Public Works Department Standards and be of sufficient size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three sides by a solid wall six feet in height and on the fourth side by a solid gate not less than five feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding buildings and structures. The receptacle(s) shall be located within close proximity to the residential units which they are intended to serve.

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

18. Developers of Senior Citizen/Congregate Care housing which have a density larger than that allowed in the underlying zone, shall provide a marketing analysis which analyzes long term feasibility and a conversion plan of Senior residential units to standard units, with a corresponding reduction in the number of units to equal the density allowed in the underlying zone if the project is not occupied by Seniors 60 years of age or older. The feasibility study and conversion plan shall not be required if the project is sponsored by any government housing agency, the City's Development Department or a non-profit housing development corporation. If the proposed project is to be located in the CO zone the conversion plan shall address the transformation of residential units into the uses allowed in the Commercial Office (CO) zone.

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

R. SINGLE FAMILY HOUSING, EXISTING

Additions, alterations and expansions to single-family housing which legally existed prior to June 3, 1991, shall comply with the standards of the Residential Suburban (RS) zone.

(Ord. MC-888, 12-07-93; Ord. MC-823, 3-03-92)

S. SMALL LOT SUBDIVISION STANDARDS

Standards for small lot subdivisions are located in Subsection N. (Planned Residential Development Standards) of this chapter.

T. SOCIAL SERVICE FACILITIES

The following provisions are applicable to social service facilities:

1. Action

Social Service Facilities may be established in commercial and industrial zones subject to approval of a Development Permit. Facilities located within one thousand (1,000) of a residentially zoned parcel may be permitted subject to approval of a Conditional Use Permit.

Social Service (Residential) Facilities may be established in multi-family residential and commercial zones subject to approval of a Conditional Use Permit.

2. General Provisions

a. Hours of Operation. Facilities shall only be premitted to operate between the hours of 8:00 a.m. and 8:00 p.m. daily, unless authorized by the Planning Commission

b. Wating Areas. All waiting areas shall be located on the same premise as the facility served, and shall not obstruct public access to sidewalks, rights-of-way, or adjacent properties. In residential zones all waiting areas shall be located indoors.

c. Management Plan. All facilities shall provide a management plan that includes the following:

• Description of services provided.

• Facility Capacity

• On-Site Management. On-site supervision must be provided at all times that the center is in operation. The facility operator shall provide the name, phone number and email address of an on-site manager to whom one can provide notice if there are operating problems associated with the facility.

• Residential Provisions (if applicable).

• Security Plan (security staffing, alarms, etc.). The facility operator shall submit a sercurity plan for approval by the Director. The plan shall nclude provisions for security staffing, alarms, and other elements the Director deems necessary to ensure the security of the site. A centrally monitored alarm system shall be installed and maintained in good working order.

• Transportation Services Provided (if applicable).

d. Prohibited Activities. Patrons shall not be permitted on the site if not waiting for or receiving services, and no consumption of alcoholic beverages shall be allowed on the premises. The facility operator shall post a sign detailing these requirements.

e. Food and Goods Distribution. No distribution of food or goods to anyone not residing at the facility shall be permitted from any facility located in or within one thousand (2,000) feet of a residentially zoned parcel.

f. State Licensing. When one is required, evidence of preliminary state agency approval or a current state agency license shall be provided to the department.

3. Development Standards

a. Outdoor Areas. All outdoor areas shall be adequately screened to prevent adverse impacts on any adjacent properties.

b. Trash Receptacles. Outdoor trash receptacles shall be available near the primary entrances and exits of the facility.

c. Residential Density. The density of residential uses shall be determined at project review.

d. Distancing. Facilities shall not be any closer than five hundred (500) feet from any of the following uses:

• A public or private state licensed or accredited school.

• A public park, playground, recreational area, or youth facility, including a nursery school, preschool, or day-care facility.

• A place of public assembly.

• A hospital.

• Another social service facility.

e. Access. The site shall have direct frontage along a major, secondary, or collector arterial. Vehicular access shall be provided from a major, secondary, or collector arterial.

(Ord. MC-1548, 10-21-20; Ord. MC-1106, 10-02-01)

U. VOCATIONAL/TRADE SCHOOLS

Vocational/trade schools are subject to a Conditional Use Permit and shall comply with the following standards:

1. Vocational/trade schools shall be permitted only at the facilities of an existing church, hospital or other not for profit organization fronting a major or secondary arterial.

2. The vocational/trade school curriculum may include GED courses, business, office and secretarial skill courses, dental or medical assistant courses, or other courses determined by the Director of Community Development and Housing to be compatible with the adjacent neighborhood. No courses in automotive repair, welding, construction, woodworking, or industrial manufacturing shall be taught due to their incompatibility with surrounding residential uses.

3. All curriculum activities shall be conducted entirely within an enclosed structure.

4. Off-street parking shall comply with the standards contained in Chapter 19.24 of this Development Code.

5. In addition to the required on-site parking, on-street parking may be permitted along the major or secondary arterial only.

6. Vehicular access to the vocational/trade school shall be restricted to the frontage along the major or secondary arterial.

(Ord. MC-933, 2-09-95)

V. STUDENT HOUSING COMPLEX

1. Student Housing complexes are only permitted in the Residential Student Housing District on lots within 500 feet of California State University, San Bernardino, and on only the 8.28 acres on the south side of Northpark Boulevard, east of University Parkway, as designated in General Plan Amendment No. 01-06.

2. The minimum unit size shall be as follows:

• 1-bedroom 600 square feet

• 2-bedroom 800 square feet

• 3-bedroom 1,000 square feet

• 4-bedroom 1,200 square feet

3. Student housing complex units may be up to 20% smaller than the minimum dwelling unit size prescribed above if a common area is provided on each floor. The common area shall be no less than 300 square feet, and shall include: a television set, sofa and chairs; or a game table (pool table, card table, etc.), chairs and a sofa; desks, chairs and computer access facilities; or other such amenity as is consistent with an area used for common social activity, subject to approval by the Planning Commission.

4. All student-housing complexes shall provide 35% of each unit size as useable open space for passive and active recreational use. A minimum of 5% of the outdoor open space must be private (balcony or patio), and a minimum of 25% of the outdoor open space must be common useable. The balance (5%) may be either common or private useable open space. Useable open space= areas shall not include: right-of-ways; vehicle parking areas; areas adjacent to or between any structures less than 15 feet apart; or slope areas greater than 8%. Useable open space areas shall be delineated on project site plans, and total square footage in open space shall be listed on the site plan.

5. Every bedroom shall be wired for computer Internet access in addition telephone access.

6. Every bedroom shall be equipped with an individual lock for use only by the tenant. Master keys shall be maintained for each building.

7. All student housing complexes shall provide indoor and outdoor recreational amenities within the site which may include: a swimming pool; spa; clubhouse; picnic shelter and barbeque area; court game facilities such as tennis, basketball, volleyball or racquetball; improved softball or baseball fields; or such other similar facilities as approved by the Planning Commission. The amenities shall be equivalent to a minimum of 50 square feet per resident.

The type of amenities shall be provided according to the following schedule:

Bedrooms	No. of Amenities
0-25	0
26-100	1
101-200	2
201-300	3
301-400	4

Add one amenity for each 100 additional bedrooms or fraction thereof.

8. One off street parking space shall be provided for each bedroom, plus three uncovered off-street guest parking spaces per 100 rooms. A minimum of 65% of the parking spaces shall be covered. The balance of the parking spaces shall be shaded by trees in such a manner that all parking spaces shall be fully shaded within five years of construction of the project.

9. Common laundry facilities at a ratio of one full size washer and one full size dryer per 10 units, and consistent with the Uniform Building Code shall be provided on each floor.

10. Access to student housing complexes shall be limited through the use of fencing or walls with locked gates. Gates shall be equipped with either key or card access and an intercom system for guests.

11. Each building within a student housing complex shall be locked, and equipped with either key or card access and an intercom system for guests.

12. A professional, non-student resident manager shall live within each project. In addition, a resident student manager, working a minimum of 16 hours a week, shall be provided for each floor of each building.

13. Management and security plans shall be submitted for review and approval by the Department of Community Development and Housing and Police Department.

14. Each lease shall be for a minimum of one academic year. Short-term tenancy during the summer months may be permitted, with the approval of a Temporary Use Permit. No month-to-month tenancy or sub-leasing of individual rooms shall be permitted.

15. The applicant shall enter into and continuously maintain an affiliation agreement with California State University San Bernardino ("CSUSB") and shall provide the City with a copy of such affiliation agreement prior to the approval of any building or grading permit for the project. The affiliation agreement shall include, but not be limited to, the following:

a. Require that the project conform to CSUSB on-campus housing policies. Require that all tenant leases incorporate CSUSB on-campus housing policies.

b. Require that the design, engineering and construction of the project be approved by CSUSB.

c. Grant CSUSB an option to purchase and a right of first of to purchase the property and the project at fair market value with a guaranteed minimum and maximum price.

d. If a court finds that the project cannot limit the residents to students of CSUSB, then CSUSB shall have an immediate right to purchase the property at fair market value and, if it elects not to so purchase, then CSUSB shall have the immediate right to lease the property at fair market value so that the property will be part of the CSUSB campus and therefore occupancy can be limited to students. If CSUSB does not exercise either right on the property, then the property and project must continue to conform to all requirements in this Development Code and in the affiliation agreement except the requirement that the project limit residents to students of CSUSB.

e If the affiliation agreement is terminated either mutually by the parties, or unilaterally by the property/project owner, then CSUSB shall have an immediate right to purchase the property at fair market value and, if it elects not to so purchase, then CSUSB shall have an immediate right to lease the property at fair market value so that the property will be part of the CSUSB campus and therefore occupancy can be limited to students. If CSUSB does not exercise either right on the property, then the property must convert to a use consistent with the underlying General Plan Land Use District.

f. Require that any successor in interest to the property and project, prior to the conveyance of title, enter into an affiliation agreement with CSUSB, the contents of which shall conform to the requirements of this section.

(Ord. MC-1132, 11-20-02)

16. Townhome Student Housing complexes are only permitted in the Residential Student Housing District on lots within 500 feet of California State University, San Bernardino, and only the 10.16 acres on the west side of Northpark Boulevard, north of University Parkway in Tract 17703-2 Lot 1 and Tract 17703-3 Lots 1, 2 and 3.

(a) Whenever the requirements of this Section 19.04.030(2)(V)(16) conflicts with the underlying base zone, specific plan, or other requirements of the Development Code, the requirements of this Section 19.04.030(2) (V)(16) shall govern.

(b) Townhome Student Housing complexes are only permitted in the Residential Student Housing District on lots within 500 feet of California State University, San Bernardino, and on only the 10.16 acres on the west side of Northpark Boulevard, north of University Parkway.

(c) The requirements specified above in Section 19.04.030(2)(V) (2),(3),(5),(6) and(13) shall apply to a Townhome Student Housing complex.

(d) The maximum density of a townhome student housing complex is 80 beds per acre.

(e) The minimum townhome unit size shall be as follows:

a. 1-bedroom 600 square feet

b. 2-bedroom 800 square feet

c. 3-bedroom 1,000 square feet

d. 4-bedroom 1,200 square feet

e. 5-bedroom 1,400 square feet

f. 6-bedroom 1,600 square feet

(f) A minimum of 5 percent of the bedrooms in the student housing project shall be designed as bedroom studios that meet Americans with Disabilities Act(ADA) standards, including a private bathroom and facilities for preparation of food (including storage, refrigeration and cooking).

(g) Townhome Student Housing complexes are not required to provide a balcony or patio for each bedroom and/or each unit provided the site of the student housing project is within 1,000 feet of a public park and the student housing project provides indoor and outdoor living space for passive and active recreational uses equivalent to a minimum of 15 percent of the gross floor area of dwellings in the project.

(h) Student housing complexes shall provide indoor and outdoor recreational amenities within the site which may include: a swimming pool; spa; clubhouse; picnic shelter and barbeque area; court game facilities such as tennis, basketball, volleyball or racquetball; improved softball or baseball fields; patios and balconies, or such other similar facilities. Each student housing complex shall have a minimum of one swimming pool and Jacuzzi. The amenities shall be equivalent to a minimum of 25 square feet per bedroom.

(i) Student housing shall provide off street parking to conform to the requirements specified in the Development Code for townhomes and the TD (Transit District Overlay) District.

(j) Common laundry facilities with a minimum of one full size washer and one full size dryer and consistent with the City's Building Code shall be provided in each townhome.

(k) Each townhome shall be lockable and equipped with either key or card access. Each bedroom shall be lockable and equipped with either key or card access.

(l) A professional, non-student resident manager shall live within each project. In addition, a resident student manager, working a minimum of 16 hours a week, shall be provided at a ratio of one per 100 beds.

(m) The residents of the townhomes and bedrooms shall be limited to students enrolled at California State University San Bernardino (including students graduating during their lease terms and continuing occupancy until the end of their lease terms), faculty and staff at California State University San Bernardino, and on-site managers living in the student housing complex; persons affiliated with the California University system; and visiting faculty and staff from other colleges and universities, and students enrolled at other colleges and universities; and tenants who do not qualify under the standards in this section may be approved in writing by California State University San Bernardino.

(n) Fraternities and sororities are permitted uses in townhome student housing complexes.

(o) The height of buildings shall not exceed the height standards of the underlying zoning district.

Ord. MC-1406, 7-21-14

W. URBAN LOT SPLITS

1. Purpose. The purpose of this subpart (W) is to allow and appropriately regulate urban lot splits in accordance with Government Code Section 66411.7.

2. Definition. An "urban lot split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

3. Application.

a. Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

b. An application for an urban lot split must be submitted on the City's approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

c. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The Mayor and City Council may establish and change the fee by resolution. The fee must be paid with the application.

4. Approval.

a. An application for a parcel map for an urban lot split is approved or denied ministerially, by the Community and Economic Development Director, or his or her designee, without discretionary review.

b. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval.

c. The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

d. The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

5. Requirements. An urban lot split must satisfy each of the following requirements:

a. Map Act Compliance.

i. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., "SMA"), including implementing requirements in this Code, except as otherwise expressly provided in this section.

ii. If an urban lot split violates any part of the SMA, the City's subdivision regulations, including this subpart (W), or any other legal requirement:

a) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.

b) The City has all the remedies available to it under the SMA, including but not limited to the following:

(I) An action to enjoin any attempt to sell, lease, or finance the property.

(II) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

(III) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

(IV) Record a notice of violation.

(V) Withhold any or all future permits and approvals.

iii. Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

b. Zone. The lot to be split is in a single-family residential zone. For purposes of this subpart (W), a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot and only includes the Residential Estate (RE), Residential Low (RL) and Residential Suburban (RS) zones.

c. Lot Location.

i. The lot to be split is not located on a site that is any of the following:

a) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

b) A wetland.

c) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

d) A hazardous waste site that has not been cleared for residential use.

e) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

f) Within a 100-year flood hazard area, unless the site has either:

(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

(II) meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

g) Within a regulatory floodway, unless all development on the site has received a no-rise certification.

h) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

i) Habitat for protected species.

j) Land under conservation easement.

ii. The purpose of subpart (W)(e)(3)(A) above is merely to summarize the requirements of Government Code Section 65913.4(a)(6)(B)-(K). (See Gov. Code § 66411.7(a)(3)(C).)

d. Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district.

e. No Prior Urban Lot Split.

i. The lot to be split was not established through a prior urban lot split.

ii. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

f. No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

i. Housing that is income-restricted for households of moderate, low, or very low income.

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

iii. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the 15 years prior to submission of the urban lot split application.

iv. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

g. Lot Size.

i. The lot to be split must be at least 2,400 square feet.

ii. The resulting lots must each be at least 1,200 square feet.

iii. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.

h. Easements.

i. The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

ii. Each easement must be shown on the tentative parcel map.

iii. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart (W)(d)(2) above.

i. Lot Access.

i. Each resulting lot must adjoin the public right of way.

ii. Each resulting lot must have frontage on the public right of way of at least 12.5 feet.

j. Unit Standards.

i. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Subpart (X) of this Code, an ADU, or a JADU

ii. Unit Size.

a) The total floor area of each primary dwelling that is developed on a resulting lot must be

(I) less than or equal to 800 and

(II) more than 500 square feet.

b) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.

c) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.

iii. Height Restrictions.

a) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

b) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

c) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

iv. Lot Coverage. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

v. Open Space. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

vi. Setbacks.

a) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

b) Exceptions. Notwithstanding subpart (W)(e)(10)(F) above:

(I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

(II) 800 square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

c) Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed after an urban lot split must be at least 20 feet from the front property lines. The front setback area must:

(I) be kept free from all structures greater than three feet high;

(II) be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans;

(III) allow for vehicular and fire-safety access to the front structure.

vii. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:

a) The lot is located within one-half mile walking distance of either

(I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or

(II) a site that contains

(ia) an existing rail or bus rapid transit station, (ib) a ferry terminal served by either a bus or rail transit service, or

(ic) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

b) The site is located within one block of a car-share vehicle location.

viii. Architecture.

a) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

b) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

c) All exterior lighting must be limited to down-lights.

d) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

e) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

ix. Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:

a) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24" box size plant shall be provided for every ten linear feet of exterior wall.

b) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.

c) All landscaping must be drought-tolerant.

x. Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.

xi. Utilities.

a) Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.

b) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

xii. Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

k. Fire-Hazard Mitigation Measures.

i. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

a) It must have direct access to a public right of way with a paved street with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

b) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

c) All enclosed structures on the site must have fire sprinklers.

d) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.

e) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

ii. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire- hazard mitigation measures in accordance with this subpart (W) (e)(11). The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.

l. Separate Conveyance.

i. Within a resulting lot.

a) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

b) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

c) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

ii. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate Covenants, Conditions & Restrictions (CC&Rs), easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

m. Regulation of Uses.

i. Residential-only. No non-residential use is permitted on any lot created by urban lot split.

ii. No Short Term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.

iii. Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.

n. Notice of Construction.

i. At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

a) Notice that construction has been authorized,

b) The anticipated start and end dates for construction,

c) The hours of construction,

d) Contact information for the project manager (for construction-related complaints), and

e) Contact information for the Building & Safety Division.

ii. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

o. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

i. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

ii. Expressly prohibits any non-residential use of the lots created by the urban lot split.

iii. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

iv. States that the property is formed by an urban lot split and is therefore subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development.

6. Specific Adverse Impacts.

a. Notwithstanding anything else in this subpart (W), the City may deny an application for an urban lot split if the Building Official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

b. "Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

c. The Building Official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

Ord. MC-1570U, 1-19-22

X. TWO-UNIT PROJECTS

1. Purpose. The purpose of this subpart (X) is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

2. Definition. A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

3. Application.

a. Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

b. An application for a two-unit project must be submitted on the City's approved form.

c. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

d. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

e. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The Mayor and City Council may establish and change the fee by resolution. The fee must be paid with the application.

4. Approval.

a. An application for a two-unit project is approved or denied ministerially, by the Community and Economic Development Director, or his or her designee, without discretionary review.

b. The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.

c. The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

d. The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

5. Requirements. A two-unit project must satisfy each of the following requirements:

a. Map Act Compliance. The lot must have been legally subdivided.

b. Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot and only includes the Residential Estate (RE), Residential Low (RL) and Residential Suburban (RS) zones

c. Lot Location.

i. The lot is not located on a site that is any of the following: