ZONING
Chapter 17.08
R-1 SINGLE-FAMILY RESIDENTIAL ZONE

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17.08. 010   Purpose.

    This zone is intended to provide development standards for single-family dwellings; assure adequate access to schools, parks and other community service facilities; prohibit negative impacts from adjacent nonresidential uses; protect the residential character of each neighborhood; and otherwise encourage a high quality environment for family life and the preservation of residential property values. (Prior code Appx. A, § 4-1)

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17.08.020 Permitted uses.

    Subject to the restrictions hereinafter specified, only the following uses are permitted in an R-1 zone:

1. Single-family dwelling, including mobilehomes.
       A conditional use permit may be granted for a second unit on lots of at least eight thousand (8,000) square feet intended for sole occupancy by one or two adults who are sixty (60) years of age or older, and the floor space of the dwelling unit would be a maximum of six hundred forty (640) square feet, and that the existing residence meets R-1 parking requirements and that a deed restriction be placed on the unit limiting its occupancy to one or two individuals of at least sixty (60) years of age, and that the existing and proposed units meet all other R-1 development standards and have two parking spaces per unit.*
2. Accessory buildings:

1. Patio covers,
2. Bathhouse or greenhouse,
3. Swimming pool and/or spa,
4. Tool shed,
5. Garage,
6. Storage room for customary household-related items, and a maximum of four hundred (400) square feet in size;

3. Day care homes, small (See Section 17.04.040)
4. Day care homes, large, as an accessory use to a single family detached dwelling if a Day Care Permit is approved pursuant to Section 17.40.100.
5. Churches, synagogues, temples and other similar congregations: Conditional use permit required subject to Chapter 17.40 ; 
6. Home occupations: When conducted in accordance with the following requirements, and when a permit therefor, containing any conditions deemed necessary to ensure compliance with the requirements of this chapter and with its purpose and intent, has been issued by the business license department; provided however, that any occupation may be excluded from certain or all zones, or portions thereof, if determined by the planning commission to be incompatible with neighboring residential uses. 
       The following requirements are severally and jointly stated as absolute requirements, and any home occupation not conforming to the following requirements shall not be permitted:
   1. Such occupation shall be carried on only by occupants of a dwelling, and shall involve the use of not more than four hundred (400) square feet, not to exceed twenty-five (25) percent of the total area of the permitted buildings on the premises.
   2. Inventory and supplies for such home occupation shall occupy not more than twenty-five (25) percent of the permitted area and shall be stored entirely within an enclosure or building.
   3. No sale of goods is permitted on the premises.
   4. No employees are allowed.
   5. No signs are permitted.
   6. No display of any kind shall be visible from the exterior of the premises.
   7. Light, but not medium or heavy, business machines are allowed. The classification by the planning department shall be final.
   8. No presses, data processing equipment, or any electrical or other equipment requiring specialized electrical installation, or requiring over one hundred twenty (120) volts of power to operate are allowed, nor shall any mechanical shop or electrical tools be permitted except those which are customary to home crafts.
   9. No tools or equipment may be operated which make a sound audible from without the premises at a distance of twenty (20) feet from the property line, between the hours of six p.m. and nine a.m. No activity or equipment which makes any loud or whining noise discernible from without the premises is permitted at any time.
   10. No garaging or storing of vehicles bearing any advertising related to the home occupation is allowed upon the premises or in the street in the vicinity.
   11. No foot or vehicle traffic may be generated to or from the premises except for traditional uses such as tutors and day care centers as approved by the planning director.
   12. There shall be complete conformity to fire, building, plumbing, electrical, zoning and health codes and to all state and city laws and ordinances; except, where required parking spaces are not available, the planning commission may temporarily waive such requirements if they find:

   1. The garage, carport or space is not available solely because of temporary storage, and not because of construction and/or building improvement or modifications, and
   2. The temporary storage is not related to products, materials, etc., used for the conduct of the home occupation, and
   3. Such waiver to be effective only if no detrimental effects are caused to adjacent properties and no valid complaints were filed due to storage.

   13. No structural alterations of the premises are permitted solely for the benefit of the business.
   14. No professional offices are allowed, specifically including but not limited to the healing arts, law, accounting, real estate, clergy, insurance and similar professional or semi-professional offices, unless the person engaged in such home occupation maintains a principal licensed office in an area permitting such activity as a principal use.
   15. No listing or advertising of the address of such home occupation for business purposes is permitted including display ads in telephone, business and city directories and in newspapers and magazines. The telephone number and address may be listed on business cards.
   16. The term of any permit shall be for one year, or for such other period as shall be authorized by the city council.
   17. It shall be a condition of any permit hereunder that the applicant shall agree that, in the event of amendment of this section to prohibit such or any home occupation in a zone in which the same is situated, that such home occupation shall not have the status of nonconforming use, and may be eliminated forthwith without provision for extended liquidation or amortization.
   18. Prior to permit approval, the premises shall be inspected to determine compliance with all limitations and requirements, particularly subsection F (12) of this section;
7. Garage sales, subject to Chapter 5.44 ; 
8. Accessory living quarters shall be allowed within a main building only, subject to a conditional use permit in accordance with Chapter 17.40 ; 
9. Elementary Schools, Grades K through 8, conditional use permit required; 
10. Day nursery, preschool, and/or after school child care with thirteen (13) or more children, conditional use permit required subject to Section 17.40.110 ; 
11. Second Units. The creation of second units on single-family lots is prohibited, pursuant to Government Code Section 65852.2(c), based on the findings of the city council as contained in Ordinance No. 92-1080, which acknowledge that housing opportunities may be limited in the region, and further, makes certain findings of specific adverse impacts on the public health, safety and welfare that would otherwise result if second units were permitted.

    * Ordinance No. 92-1081, § 2, adopted January 14, 1993 establishes that this subsection shall only be effective if a court of competent jurisdiction invalidates subsection K of this section. (Prior code Appx. A, § 4-2)

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17.08. 030   Development standards.

The following development standards shall apply in the R-1 zone:

1. Building Height. Any building shall not exceed a maximum of twenty-five (25) feet in height.  (Ord. 00-1199, §4 part, 05/09/00)
2. Front Yard. Every lot shall have a front yard setback equal to at least ten percent of the depth of the lot; however, the maximum setback shall be ten feet, and the minimum setback shall be five feet.
3. Side Yards. Every lot shall have a side yard on each side of the lot equal to ten percent of the width of the lot, provided such side yard shall not be less than three feet in width and need not exceed five feet in width.
4. Rear Yard. Every lot shall have a rear yard not less than five feet from the property line. The second floor can be three feet from the property line. On an alley, the rear yard requirement is a depth of three feet from the property line on the first floor and one foot from the property line on the second floor.
5. Additional Yard Regulations. Refer to Chapter 17.46 for additional yard regulations.
6. Exterior Wall Covering. All dwellings shall be covered with an exterior material customarily used on conventional dwellings and the exterior covering material shall extend to the ground. Rolled siding shall be prohibited.
7. Mobilehomes. Mobilehomes shall have been constructed after September 15, 1971, and have been issued an insignia of approval by the California Department of Housing and Community Development or were constructed after July 1, 1976, and were issued an insignia of approval by the U.S. Department of Housing and Urban Development.
8. Off-Street Parking. Off-street parking requirements and regulations for the R-1 zone are as provided in Chapter 17.44.
9. Lot Area. The minimum lot area for newly created lots shall be four thousand (4,000) square feet.
10. Permissible Lot Coverage. All buildings, including accessory buildings, shall not cover more than sixty-five (65) percent of the area of the lot.
11. Building Placement.

1. Any building used for human habitation shall not be located closer to the rear property line than a distance of five feet; however, where a rear yard abuts a street or alley, the building may be located three feet from the rear property line on the ground level, and one foot from the rear property line on the upper stories.
2. The distance between any buildings used for human habitation shall be not less than eight feet. The accessory building shall be not less than six feet.
3. No buildings may be erected over any easement dedicated for public or utility uses except over those easements of record granted to Warren Gillelen.
4. No accessory building may be located closer than three feet to any side or rear property line.

12. Open Space. There shall be a minimum of four hundred (400) square feet of usable open space with a minimum dimension of ten feet. Twenty-five (25) percent of this open space may be provided in balconies or decks with a minimum dimension of ten feet. Required front, and/or side yards, driveways, turning areas, and parking areas shall be excluded from open space computation.

13. Sign Regulations. All signs in the R-1 zone shall conform to the requirements and regulations of this code. (Ord. 97-1170 § 1, 04/08/97; Prior code Appx. A, § 4-3)

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17.08. 040   Development standards for small lots.

Lots that are 2100 square feet or less in area shall be subject to the development standards as contained in Section 17.08.030, with the exception of the following standards:

1. Open Space. There shall be a minimum of three hundred (300) square feet of usable open space with minimum dimensions of seven feet in length and width, and all of the required usable open space may be provided on balconies or decks provided that at least sixty percent (60%) of usable open space is directly accessible to primary living areas (living rooms, family rooms, and kitchen and living room or family room combinations) and located on the same floor level as the accessible primary living area. The required front yard area may be included in the required amount of open space provided a minimum dimension of seven feet in length and width is provided. When computing open space in conjunction with required side yard areas, only the area that exceeds the minimum required yard dimension may be counted toward open space and only if the overall dimension of the required yard and the excess area together has a dimension of seven feet in length and width.
2. Lot Coverage. All buildings including accessory buildings shall not cover more than seventy (70) percent of the area of the lot;
3. Lots within ten percent (10%) of the lot size identified above (i.e. lots ranging from 2101 - 2310 square feet) may also be considered for some or all of the lot coverage and/or open space exceptions for small lots, pursuant to the above, subject to review and approval by the Planning Commission if warranted by any of the following considerations:
1. To achieve a consistent and comparable amount of indoor living space with existing dwelling units in the immediate neighborhood;
2. To allow design flexibility in the application of the open space standard in conjunction with the remodeling and expansion of existing structures;
3. To allow an innovative design which otherwise is consistent with the goals and intent of the open space and development standards for the R-1 zone;
4. To address unusual lot configurations or topography, as compared with surrounding lot and development patterns.” (Ord. 06-1270 §5, August, 2006)

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