City Of Tustin California Repair Block Fence Wall 3ft Permit Needed?

Chapter 15.14
SUPPLEMENTAL RESIDENTIAL REGULATIONS¹

Sections:

fifteen.14.010 Purpose and intent.

fifteen.14.020 Summary of regulations.

fifteen.14.030 Fences and walls.

15.14.040 Encroachments into setbacks.

fifteen.14.050 Patio covers and g structures.

15.14.060 Storage sheds and thou buildings.

xv.14.070 Swimming pools and water features.

xv.14.080 Accessory home units.

fifteen.fourteen.090 Invitee houses.

15.14.100 Mobilehomes and manufactured housing.

15.fourteen.110 Landscaping and open up area.

fifteen.14.120 Screening of equipment and facilities.

xv.14.130 Outdoor lighting in residential areas.

15.14.140 Special outdoor events in residential areas.

15.14.150 Home occupations.

fifteen.xiv.160 Child day care homes.

15.fourteen.165 Short-term rental uses prohibited.

15.xiv.170 Structure and guard offices.

fifteen.14.180 Model home complexes.

xv.14.190 Residential trash enclosures.

15.xiv.200 Gate-guarded entries.

15.xiv.010 Purpose and intent.

The purpose and intent of this chapter is to set out regulations for accessory structures, fences, swimming pools, and other elements of state use in residential districts and the residential portions of specific program districts. These requirements are in improver to the regulations for residential uses ready out in Affiliate 15.x AVMC. [Ord. 2010-126 § i (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

xv.fourteen.020 Summary of regulations.

A. Summary Table. The following table is a summary of supplemental residential regulations in this affiliate. In case of conflicts between this table and the applicable department text, the text shall control.

[Ord. 2022-192 § 3; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.xiv.030 Fences and walls.

A. Use of Terms. In this section, the terms "fence" and "wall" are used interchangeably to hateful any type of fence, freestanding wall, retaining wall, screen, or windscreen.

B. Measurement of Argue Elevation. Except as otherwise specified in this section, fence heights shall exist measured from terminate grade at the base of operations of the fence to the highest signal of the fence on the interior or outside side, whichever is higher. In addition, the post-obit provisions shall apply to the measurement of contend height:

Measurement of Fence Pinnacle

1. Differential Elevations. Where the tiptop of an adjoining building site is higher than the base of operations of the fence within a side or rear setback area, the pinnacle of the fence may be measured from the acme of the bordering building site to the tiptop of the fence. However, fence summit shall non exceed eight anxiety measured from the lower side.

two. Adjacent Fences. Fences less than thirty inches autonomously (measured betwixt adjoining faces) shall exist considered ane construction and fence height shall be measured from the base of the lower argue to the top of the higher argue. Fences 30 inches or more apart shall exist considered separate structures and their heights shall be measured independently.

C. Gates and Arches. The height of gates shall conform to the applicable maximum fence height where the gate is located except that decorative elements on gates such as scrolls, finials, and similar features may extend up to one foot above the maximum fence tiptop. In addition, arches or trellises up to eight feet in superlative and five feet in width may be synthetic over a gate if integrated into the debate/gate pattern, and pilasters may exist constructed up to eight feet in height on each side of a gate if integrated into the fence/gate pattern. For single-family unit residences, a maximum of two such arches or pairs of pilasters shall be permitted per parcel.

D. Fence Heights for Single-Family Lots. For single-family discrete and single-family attached lots, the construction and installation of fences shall suit to the following tiptop limitations:

Maximum Fence Heights for Single-Family Lots

ane. Fences Within Side and Rear Setbacks. The maximum debate summit shall be vi feet inside whatsoever required side or rear setback surface area.

2. Fences Within Front Setbacks.

a. Within a front setback area, maximum fence tiptop shall be 42 inches, except equally limited by subsection (F) of this section (Required Sight Distances).

b. Where, because of the orientation of the lots, a holding line fence separates a front end yard on one lot from a rear yard on an adjacent lot (i.e., a "key lot" situation), the maximum fence tiptop shall be six feet.

Due east. Contend Heights for Multifamily Developments. For multiple-family developments, the maximum contend peak shall be 42 inches within 10 feet of whatsoever street or alley right-of-manner line. In all other locations, the maximum fence height shall be six feet.

F. Required Sight Distances. In regulating fences and other visual obstructions, it is necessary to preserve motorist sight distances at street intersections, alleys and driveways. Therefore, notwithstanding subsections (C), (D) and (E) of this section, the elevation of fences, copse, shrubs, and other visual obstructions shall be limited to a maximum top of 30 inches inside the triangular area shown in the showroom.

Fence Peak and Required Sight Distances

G. Sound Walls. City- or state-required audio attenuation walls bordering freeways, tollways or arterial highways may exceed half-dozen feet in acme if then recommended by a noise attenuation written report and approved past the managing director.

H. Retaining Walls.

1. Retaining walls up to six feet in height are permitted, provided the wall is landscaped with shrubs or vines with automatic irrigation if it is over 30 inches high and visible from off-site locations.

2. Open railings up to 48 inches high placed on peak of a retaining or other wall and required for pedestrian safety may be permitted if an increase in height is approved per subsection (J) of this department.

I. Residential Entry Gates. Per AVMC 15.fourteen.200, vehicle entry gates to residential projects shall not exceed eight feet in acme and pedestrian entry gates shall not exceed six feet in height. Gates shall be of open design.

J. Increases in Height. Fences higher than the maximums set out in this section, upwards to a maximum of 10 feet, may be permitted if an exception allow is approved by the manager pursuant to AVMC fifteen.74.070. Applications for fences exceeding 10 feet in top shall be reviewed by the metropolis council as a site development let, pursuant to AVMC 15.74.020, and shall crave a public hearing. In addition to the findings required for blessing of all exceptions, the following findings shall also be made in conjunction with approval of a argue height increment:

i. The height and location of the fence as proposed will not outcome in or create a traffic adventure; and

ii. The location, size, pattern and other characteristics of the fence will not result in a textile adverse effect on adjacent residents or their properties, including but non express to any views bachelor to such residents prior to construction of the proposed fence.

Any application for a fence height increase may be referred by the manager to the city quango for activity if the director determines on a case-past-example footing that the public involvement would be better served by such referral.

K. Wall/Contend Articulation. Long direct stretches of wall or debate shall be varied by the employ of such blueprint features equally offsets (i.e., jogs), open panels (e.g., containing wrought fe) at selected locations, periodic variations in materials, texture, or colors, the inclusion of landscape plantings, and similar measures.

Fifty. Prohibited Fencing. The employ of spinous wire, razor wire or electrified fencing materials is prohibited except where required by urban center, state or federal regulation. The use of concatenation link fencing is prohibited in residential districts within any forepart yard area or any surface area visible from a public street, except for structure sites, wireless facilities, special events and other temporary uses and where otherwise specifically permitted in this code. [Ord. 2022-141 § sixteen; Ord. 2022-140 § 3 (Exh. A); Ord. 2022-131 § iii (Exh. A); Ord. 2010-126 § i (Exh. A); Ord. 2010-123 § three (Exh. A)].

fifteen.14.040 Encroachments into setbacks.

A. Permitted Encroachments. Encroachments into required setbacks are permitted as follows in residential districts, provided a minimum distance of three feet from all property lines is maintained:

i. Awnings may encroach upwards to iv anxiety into front end and rear yard setbacks and up to three feet into side yard setbacks.

2. Balconies may encroach up to five feet into front and rear yard setbacks and upward to three anxiety into side thousand setbacks.

3. Bay windows may interlope upwardly to 30 inches into any yard setback.

iv. Chimneys up to seven anxiety in width may encroach upward to two feet into any yard setback.

5. Architectural projections, such as cornices, eaves, and similar elements, may encroach up to iii feet into any yard setback.

6. Open up porches may encroach upwards to three feet into whatever forepart or rear yard setback. Porches shall not encroach into side k setbacks.

7. Air conditioning, ventilation and similar equipment may be placed in rear and side yard setbacks. Such equipment is not permitted in forepart yard setbacks. Existing equipment less than three feet from a holding line may be replaced by equipment at the aforementioned setback, provided there is no decrease in setback.

8. All of the preceding setback encroachments are also permitted into perimeter setbacks in multifamily projects. [Ord. 2022-140 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.14.050 Patio covers and yard structures.

A. Applicability. Yard structures are permitted as accessory structures on mutual residential lots or on residential lots containing a primary residence, subject field to the requirements of this section. For purposes of this code, the term "yard structure" means whatever type of unenclosed structure over 18 inches in height and placed within required g setbacks, including but not express to patio covers (attached or detached), gazebos, trellises, freestanding fireplaces, fire pits, barbecues, fountains, play equipment (other than enclosed playhouses), and cantilevered decks.

B. Standards. 1000 structures shall conform to the post-obit requirements. Setbacks shall be measured from the border of the structure, not from supporting members. Height shall exist measured at the highest point of the structure.

i. Side and Rear Yards. Yard structures under six feet in height may be located upwards to a side or rear holding line subject to building code and fire code limitations. Yard structures half dozen feet in height or over shall exist located at least three feet from whatsoever property line and shall not exceed 12 feet in elevation. Yard structures not inside a setback may exist synthetic up to the commune's maximum construction summit ready out in AVMC 15.x.030(A), Tabular array xv.ten.030.

2. Front Yards. Yard structures in front yards shall not exceed half dozen feet in superlative, shall be located at least three anxiety from whatever property line and shall not exist located in the panhandle portion of a panhandle lot.

3. Common Lots. For common lots, 1000 structures under 6 feet high may be located upwards to any property line subject to building or fire lawmaking limitations. Yard structures six feet in height or over shall be located at least three feet from any belongings line and shall not exceed 12 feet in height.

four. Elevated Decks. No deck or viewing expanse shall exist placed on the roof of a yard structure unless an exception allow is canonical pursuant to AVMC 15.74.070.

five. Drainage from Roofs. Yard structures shall be constructed in a manner and then as to prevent rooftop water from draining onto any adjacent parcel.

C. Increase in Height. An increase of up to three feet in tiptop for a yard construction within a setback may be permitted if an exception permit is approved pursuant to AVMC xv.74.070. [Ord. 2022-165 § 4 (Exh. A); Ord. 2022-146 § 3 (Exh. A); Ord. 2022-140 § 3 (Exh. A); Ord. 2022-136 § 20; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

xv.fourteen.060 Storage sheds and yard buildings.

A. Applicability. Storage sheds, playhouses and similar enclosed yard buildings are permitted as accessory structures on common residential lots or on residential lots containing a primary residence, subject to the requirements of this section. For purposes of this code, the term "yard building" ways any type of detached enclosed edifice over xviii inches in meridian and placed within required yard setbacks, including but not limited to storage sheds, garden sheds and enclosed playhouses. The term does not include attached enclosed patios, sunrooms, service porches or other enclosed rooms attached to the principal building. Such rooms shall conform to the same setback and top regulations as the main building.

B. Standards. Yard buildings shall conform to the requirements listed below. Height shall be measured at the highest bespeak of the structure.

one. Side and Rear Yards. 1000 buildings under half dozen feet in height may be located upwards to a side or rear holding line subject to edifice or burn lawmaking limitations. G buildings six feet in height or over shall exist located at least 3 feet from the property line and shall not exceed eight feet in height. Yard buildings not within a setback may be constructed up to the district's maximum structure height prepare out in AVMC fifteen.ten.030(A), Tabular array xv.10.030.

ii. Front Yards. K buildings in front yards shall not be located closer to the forepart holding line than the forepart wall of the main building. Height and other restrictions shall exist the same as for side and rear yards as set up out in subsection (B)(i) of this department.

3. Common Lots. For common lots, thousand buildings under 6 anxiety high may be located up to any property line field of study to building or fire code limitations. Yard buildings six feet in height or over shall exist located at to the lowest degree three feet from any property line and shall not exceed eight feet in peak.

4. Number and Size. No more than two grand buildings shall be placed on any residential lot. No yard building shall exceed 200 square anxiety in ground area.

5. Elevated Decks. No deck or viewing area shall be placed on the roof of a yard building unless an exception permit is approved pursuant to AVMC 15.74.070.

6. Drainage from Roofs. Yard buildings shall be constructed in a way so every bit to prevent rooftop h2o from draining onto any adjacent parcel.

C. Increase in Pinnacle. An increase of upward to three anxiety in height for a thou building within a setback may be permitted if an exception let is canonical pursuant to AVMC fifteen.74.070. [Ord. 2022-165 § four (Exh. A); Ord. 2022-146 § 3 (Exh. A); Ord. 2022-140 § three (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.14.070 Swimming pools and water features.

A. Applicability. This section shall apply to bodies of h2o which are accompaniment to residential uses. The term "swimming pool" means a pool, spa, whirlpool or other body of water containing or capable of containing h2o to a depth of at least xviii inches and used for immersion past humans. The term "water feature" means a sea used for decorative purposes other than man immersion, such as a fountain, fish pond, or waterfall.

B. Standards. Swimming pools and water features are permitted as accessory uses in residential districts field of study to the following requirements:

1. Swimming Pool Location. For unmarried-family detached or attached residences, pond pools shall exist located at least three feet, measured from h2o's edge, from any side or rear holding line. Swimming pools shall not be located inside front one thousand setbacks. Community pools next to common open surface area may be located up to the property line.

2. H2o Characteristic Height. For unmarried-family discrete or fastened residences, common areas and community entry features, fountains, waterfalls, slides and similar aboveground water features shall not exceed 12 feet in height.

3. Filter and Heating Equipment. Mechanical pool equipment such equally pumps or filters shall be located at least three feet from the side or rear property line. Heating equipment shall be located so that the middle of the outlet vent is at least four feet from the side or rear property line. The preceding setbacks shall be observed unless such equipment is placed inside a building, underground vault or other enclosure which the manager determines provides dissonance attenuation to less than 45 dBA at the property line. The manager may require a study by a qualified professional person to support such a conclusion. In addition, equipment shall exist screened from horizontal view of surrounding properties. Such visual screening may consist of fencing, walls or landscape planting.

four. Fencing Requirements. All pools shall be fenced in accordance with the provisions of the city'south edifice code, state police and other applicable laws and ordinances. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: nuisances, AVMC viii.24.010.

15.14.080 Accessory dwelling units.

A. Purpose. The purpose of this section is to let and regulate accessory dwelling units (ADUs) and junior accessory home units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.

B. Consequence of Befitting. An ADU or JADU that conforms to the standards in this section will not exist:

1. Deemed to be inconsistent with the city'south general programme and zoning designation for the lot on which the ADU or JADU is located.

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

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

4. Required to correct a nonconforming zoning condition, equally defined in subsection (C)(7) of this department. This does not prevent the city from enforcing compliance with applicable edifice standards in accordance with California Wellness and Safe Code Section 17980.12.

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

"Accessory domicile unit" or "ADU" means an attached or a discrete residential domicile unit that provides complete independent living facilities for ane or more persons and is located on a lot with a proposed or existing primary residence. An accompaniment dwelling unit also includes the following:

a. An efficiency unit of measurement, as defined past California Health and Condom Lawmaking Section 17958.ane; and

b. A manufactured home, as defined past California Health and Safe Lawmaking Department 18007.

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

"Consummate independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel every bit the single-family or multifamily dwelling is or will be situated.

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

a. A cooking facility with appliances;

b. A food training counter or counters that full at least 15 square feet in surface area; and

c. Food storage cabinets that total at least xxx square feet of shelf space.

"Junior accessory home unit" or "JADU" ways a residential unit that:

a. Is no more 500 square feet in size;

b. Is contained entirely inside an existing or proposed single-family unit structure;

c. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed unmarried-family unit construction; and

d. Includes an efficiency kitchen, equally divers in subsection (C)(4) of this department.

"Living surface area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accompaniment structure.

"Nonconforming zoning status" means a physical improvement on a belongings that does not accommodate with current zoning standards.

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

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

"Public transit" means a location, including, only not limited to, a charabanc stop or railroad train station, where the public may admission buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

"Tandem parking" means that two or more automobiles are parked on a driveway or in whatever other location on a lot, lined upward backside ane some other.

D. Application.

one. An application for an ADU that is subject field just to a building permit nether subsection (E) of this section shall be submitted to the building division. Site plans, floor plans, elevations, and draft act restrictions shall be submitted with the application and documents required for submittal to the building division.

ii. An application for a development review permit under subsection (F) of this department shall be submitted to the planning sectionalisation. Site plans, floor plans, elevations, a project narrative, typhoon human activity restrictions, and prove of having given notice to the HOA, if applicable, shall be submitted with the application.

E. Approvals – Building-Allow Only. If an ADU or JADU complies with each of the general requirements in subsection (G) of this department, it is allowed with only a building permit in the following scenarios:

1. Converted on Unmarried-family Lot. Only one ADU or JADU on a lot with a proposed or existing single-family home on it, where the ADU or JADU:

a. Is either: inside the space of a proposed single-family dwelling; within the existing space of an existing unmarried-family dwelling; or within the existing infinite of an accessory structure, plus upward to 150 boosted square anxiety if the expansion is limited to accommodating ingress and egress (for purposes of this subsection, "within the existing space" includes a structure that is constructed in the same location and to the same dimensions); and

b. Has outside 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 burn codes.

2. Limited Detached on Single-family Lot. One detached, new construction ADU on a lot with a proposed or existing single-family unit dwelling house (in addition to any JADU that might otherwise be established on the lot nether subsection (E)(one) of this department), if the discrete ADU satisfies the following limitations:

a. The side- and rear-yard setbacks are at to the lowest degree 4 feet;

b. The total living area is 800 square feet or smaller; and

c. The peak top higher up grade is 16 anxiety or less.

iii. Converted on Multifamily Lot. Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including simply not limited to storage rooms, banality rooms, passageways, attics, basements, or garages, if each converted ADU complies with land edifice standards for dwellings. At least i converted ADU is allowed within an existing multifamily abode, upwardly to a number equal to 25 per centum of the existing multifamily dwelling units.

4. Limited Detached on Multifamily Lot. No more than 2 detached ADUs on a lot that has an existing multifamily habitation if each detached ADU satisfies the post-obit limitations:

a. The side- and rear-yard setbacks are at to the lowest degree four feet; and

b. The tiptop height above grade is 16 feet or less.

F. Approvals. Development Review Permit (DRP). Except as allowed under subsection (E) of this section, no ADU may be created without both a building allow and a DRP permit in compliance with the standards set forth in subsections (G) and (H) of this section.

1. Process. A development review permit (DRP) is considered and approved ministerially, without discretionary review or a hearing.

2. Permit Fees. The city may accuse a fee to reimburse it for costs incurred in processing development review permit (DRP), including the costs of adopting or amending the metropolis's ADU ordinance. The DRP-allow processing fee is determined past the planning managing director and approved past the city council by resolution.

G. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are canonical nether subsections (East) and (F) of this section:

1. Timing. The metropolis must act on an application to create an ADU or JADU inside 60 days from the date that the city receives a completed application, unless either:

a. The applicant requests a filibuster, in which case the threescore-twenty-four hours time period is tolled for the flow of the requested delay; or

b. In the case of a JADU, when the application to create a junior accessory home unit is submitted with a let application to create a new single-family dwelling on the lot, the city may filibuster interim on the permit application for the JADU until the city acts on the allow awarding to create the new single-family domicile, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing.

ii. Zoning.

a. An ADU or JADU subject only to a building permit nether subsection (Due east) of this section may be created on a lot in a residential or mixed-apply zone.

b. An ADU or JADU subject to a DRP permit under subsection (F) of this section may exist created on a lot that is zoned to permit unmarried-family home residential utilize or multifamily dwelling residential use.

3. Fire Sprinklers. Fire sprinklers, approved past Orange County Fire Authority (OCFA), are required in an ADU if sprinklers are required in the primary residence when constructed.

4. Rental Term. No ADU or JADU may exist rented for a term that is shorter than thirty days.

five. No Separate Conveyance. An ADU or JADU may be rented, merely no ADU or JADU may be sold or otherwise conveyed separately from the lot and the main domicile (in the case of a unmarried-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

half dozen. Septic Organisation. If the ADU or JADU will connect to an existing on-site water-treatment organisation serving the holding, the owner must include with the application a percolation exam completed within the final five years or, if the percolation test has been recertified, within the final ten years. If the property on which the ADU or JADU is constructed does not apply an on-site water treatment organization, nothing in this section authorizes an ADU or JADU to apply an on-site water-treatment system.

7. Possessor Occupancy.

a. All ADUs legally created earlier January one, 2022, are subject to the owner-occupancy requirement that was in identify when the ADU was created.

b. An ADU that is created after that engagement but before January i, 2025, is not subject to whatever owner-occupancy requirement.

c. All ADUs that are created on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the holding as the person's legal domicile and permanent residence.

d. All JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the holding, in either the primary dwelling or JADU, equally the person's legal dwelling house and permanent residence. Even so, the possessor-occupancy requirement of this subsection does not employ if the property is entirely endemic by some other governmental bureau, land trust, or housing organization.

eight. Deed Brake. Prior to issuance of a building allow for an ADU or JADU, a deed restriction must be recorded against the title of the holding in the county recorder's office and a copy filed with the director. The deed brake must run with the land and bind all future owners. The grade of the human action restriction will exist provided past the metropolis and must provide that:

a. The ADU or JADU may non be sold separately from the primary dwelling.

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

c. The human action restriction runs with the country and may be enforced confronting futurity property owners.

d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced past, for instance, removal of the kitchen facilities. To remove the deed restriction, an possessor may make a written asking of the director, providing prove that the ADU or JADU has in fact been eliminated. The manager may so determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the managing director's conclusion 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.

east. The human action brake 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 upshot in legal action against the holding possessor, and the city is authorized to obtain whatever remedy bachelor to information technology at law or disinterestedness, 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 of measurement.

nine. Income Reporting. In club to facilitate the city'southward obligation to identify adequate sites for housing in accordance with California Regime Code Sections 65583.1 and 65852.2, the following requirements must be satisfied:

a. With the building-permit application, the applicant must provide the metropolis with an estimate of the projected annualized rent that will exist charged for the ADU or JADU.

b. Within ninety days after each yearly anniversary of the issuance of the building allow, the possessor must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the study within the 90-day period, the urban center may send the possessor a notice of violation and permit the owner some other 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable constabulary.

H. Specific DRP Requirements. The following requirements utilize only to ADUs that crave a DRP let under subsection (F) of this section:

1. Maximum Size.

a. The maximum size of a detached or attached ADU field of study to this subsection is 850 square feet for a studio or one-bedchamber unit and 1,000 square feet for a unit with two bedrooms. No more two bedrooms are allowed.

b. An fastened ADU that is created on a lot with an existing primary dwelling house is farther limited to 50 percent of the flooring area of the existing chief dwelling.

c. Application of other development standards in this subsection (H), such as FAR or lot coverage, might further limit the size of the ADU, only no application of FAR, lot coverage, open space, or the percent-based size limit in subsection (H)(one)(b) of this section may require the ADU to exist smaller than 800 foursquare feet.

ii. Lot Coverage. No ADU field of study to this subsection may crusade the full lot coverage of the lot to exceed 75 per centum.

3. Minimum Open up Space. For multifamily residential projects, no ADU subject area to this subsection (H) may cause the total percentage of open infinite of the development to autumn below 25 percent.

4. Pinnacle. No ADU subject to this subsection (H) may exceed 16 feet in height higher up grade, measured to the acme of the structure.

v. Passageway. No passageway, as defined in subsection (C) of this section, is required for an ADU.

6. Parking.

a. By and large. I off-street parking space is required for each ADU. The parking space may be provided in setback areas or equally tandem parking, as divers in subsection (C) of this department.

b. Exceptions. No parking under subsection (H)(1)(a) of this section is required in the following situations:

i. The ADU is located within one-half mile walking altitude of public transit, equally defined in subsection (C) of this section.

ii. The ADU is located within an architecturally and historically significant historic district.

iii. The ADU is function of the proposed or existing main residence or an accessory structure nether subsection (E) of this section.

iv. When on-street parking permits are required simply not offered to the occupant of the ADU.

five. When there is an established car share vehicle finish located inside i block of the ADU.

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

7. Architectural Requirements.

a. Windows and doors of the accessory dwelling unit of measurement may not take a direct line of sight to an adjoining residential belongings. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

b. The materials and colors of the outside walls, roof, and windows and doors must match the appearance and architectural design of those of the chief dwelling. The roof slope must match that of the ascendant roof slope of the primary dwelling. The dominant roof slope is the gradient shared past the largest portion of the roof.

c. Mechanical equipment shall exist located at the furthest location possible from surrounding residents, nor shall mechanical equipment be placed within four feet of an adjacent property.

8. Landscape Requirements. Trees removed on site for construction of the ADU or to provide parking should be replaced with 24-inch box trees of the same variety.

I. Utility Fees.

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

2. Except as described in subsection (I)(one) of this section, converted ADUs and JADUs on a single-family unit lot, created under subsection (Eastward)(1) of this section, are not required to have a new or separate utility connection straight between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required.

3. Except equally described in subsection (I)(one) of this section, all ADUs and JADUs non covered past subsection (I)(2) of this section require a new, split utility connection directly between the ADU or JADU and the utility. The connection is field of study to a connexion fee or capacity charge that is proportionate to the burden created past the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, equally defined by the Uniform Plumbing Code, upon the water or sewer system. The portion of the fee charged by the city may not exceed the reasonable cost of providing this service.

J. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does non conform to the objective standards set forth in this section may exist allowed past the city with a provisional use permit, in accordance with the other provisions of this title. [Ord. 2022-215 § 3 (Exh. A); Ord. 2022-192 § 7].

15.14.090 Guest houses.

A. Purpose. This section provides standards and criteria for institution of guest houses on unmarried-family lots.

B. Planning Manager Approval. Guest houses may exist synthetic on lots containing a single-family unit detached domicile subject to the requirements of this section. The planning director shall approve application for a guest business firm ministerially, without public find or a public hearing, if the director finds and determines the proposed unit conforms to the provisions of this section. In approving such a unit, the managing director may impose reasonable conditions to ensure compliance with the provisions of this section. Any action of the director may be appealed to the urban center council, without notice or public hearing. The scope of such an appeal shall be limited to questions of compliance with the provisions of this section.

C. Standards for Guest Houses. All guest houses shall adjust to the post-obit standards:

1. Guest houses shall conform to acme, setback, and other zoning code requirements applicable to residential construction in the commune in which the property is located. Guest houses shall be architecturally compatible with the main unit.

2. Only one invitee house may exist established on any lot in addition to the chief residence.

3. The floor area of a guest house shall not exceed 800 square feet.

iv. In that location shall exist no kitchen or cooking facilities within a guest house.*

five. No recreational vehicle or other vehicle shall be used as a invitee house.

6. A guest house shall exist used only by the occupants of the primary residence, their nonpaying guests, or domestic employees. The invitee house shall not exist rented or otherwise occupied independently from the main residence.

D. Deed Restriction. Prior to issuance of a building permit, a deed restriction shall be recorded confronting the belongings to prohibit the employ or conversion of the guest firm to a rental unit, to a unit for sale, or to add a kitchen or cooking facility. [Ord. 2022-146 § 3 (Exh. A); Ord. 2022-136 § 21; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

*A room or portion of a room in a structure used or designed to be used for cooking or the grooming of food. The installation of a cooking appliance, whether a stove, range, microwave, toaster oven or other cooking appliance, plus a sink with running water constitutes a kitchen inside this definition.

xv.14.100 Mobilehomes and manufactured housing.

A. Purpose. This section provides standards and criteria for the placement, blueprint, and construction of manufactured, modular, and mobilehomes in residential districts consistent with California Government Code Department 65852.three et seq., as amended or superseded.

B. Definition. For the purposes of this code, the terms "manufactured home," "modular dwelling house" and "mobilehome" shall mean a residential building transportable in ane or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, equally amended or superseded.

C. Individual Manufactured Homes. In accordance with California Government Code Section 65852.3 et seq. (as amended or superseded), an individual manufactured home may be permitted as a permanent dwelling on single-family lots inside the RL and RM districts provided: (1) the unit conforms to all standards of the applicative zoning district; (ii) the unit is placed on a permanent foundation organization; and (3) the unit's roof overhang or eaves are a minimum of 16 inches. Otherwise, the design and evolution standards for manufactured homes shall be the aforementioned as those imposed on single-family unit homes under this lawmaking.

D. Mobilehome Parks. In accordance with California Authorities Code Department 65852.vii (as amended or superseded), mobilehome parks are permitted in all residential districts provided, (one) the evolution conforms to all standards of the applicable zoning district, and (2) a provisional use permit is canonical. [Ord. 2010-126 § one (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cantankerous-reference: design standards, Chapter xv.62 AVMC.

15.fourteen.110 Landscaping and open area.

Landscaping and open area in residential districts shall conform to the numerical standards of AVMC 15.10.030 and the blueprint standards of AVMC 15.62.060. [Ord. 2022-131 § 3 (Exh. A); Ord. 2010-126 § ane (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-references: water efficient landscape regulations, Affiliate vii.30 AVMC; nuisances, AVMC eight.24.010; subdivision landscaping and screening, AVMC 14.10.150; parking facility landscaping, AVMC 15.38.090; fire hazard regulations, AVMC 15.fifty.010.

15.14.120 Screening of equipment and facilities.

Screening of equipment and facilities in residential districts shall conform to the aforementioned provisions every bit nonresidential projects every bit set out in AVMC 15.62.080. [Ord. 2022-131 § 3 (Exh. A); Ord. 2010-126 § one (Exh. A); Ord. 2010-123 § iii (Exh. A)].

Cross-references: screening of gas stations abutting residentially zoned backdrop, AVMC fifteen.22.210; loading facility screening, AVMC xv.38.100; wireless communications facility screening, AVMC 15.42.050.

xv.xiv.130 Outdoor lighting in residential areas.

Outdoor lighting in residential districts shall conform to the provisions of AVMC xv.62.070. [Ord. 2022-131 § iii (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.14.140 Special outdoor events in residential areas.

Special outdoor events in residential areas shall be regulated by the provisions of Chapter 11.05 AVMC. [Ord. 2010-126 § one (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.14.150 Dwelling occupations.

A. Purpose. The regulations prepare out in this department are provided then that certain incidental and accessory habitation occupation uses may exist established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood.

B. Use and Development Standards. In addition to the development standards and other requirements for each residential district, the following standards shall apply to the institution and operation of home occupations:

1. The establishment and conduct of a home occupation shall be incidental and accessory and shall non change the principal residential character or use of the dwelling house unit involved.

2. Merely residents of the home unit may participate in the home occupation.

iii. A home occupation shall exist conducted simply inside the enclosed living area of the domicile unit of measurement or inside the garage, provided no garage infinite required for off-street parking is used. The domicile occupation shall non occupy more than 15 per centum of the combined floor area of the house and garage.

4. There shall be no signs, outdoor storage, parked vehicles, or other exterior evidence of the acquit of the home occupation. Neither the abode nor the lot shall be altered in advent so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations, or other characteristics.

5. Electrical or mechanical equipment which creates interference in radio, tv or phone transmission or reception or causes fluctuations in line voltage outside the dwelling unit is prohibited.

six. The habitation occupation shall not create grit, noise or odors in excess of that ordinarily associated with residential use.

7. No sales activeness shall exist conducted from the abode except for mail gild sales. The dwelling unit of measurement shall non exist the point of client pickup or delivery of products or services, other than by mail or parcel service, nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located.

8. Medical, dental, massage or other service occupations in which patrons are seen in the home are prohibited. [Ord. 2022-140 § 3 (Exh. A); Ord. 2022-131 § iii (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

fifteen.14.160 Kid 24-hour interval care homes.

A. Purpose. The purpose of this section is to provide standards for the establishment and functioning of child day intendance homes (also referred to equally "family day care homes") within residential districts consistent with California Health and Safety Lawmaking Partitioning 2, Chapters 3.4 and 3.6, as amended or superseded.

B. Licenses. All country and other required licenses shall be maintained in good standing for operation of any child day care habitation in the city and all such homes shall exist operated in compliance with all applicable state and local health and condom regulations.

C. Small Child Day Care Homes. Small kid twenty-four hour period care homes are permitted in the RL and RM districts without approval of a discretionary permit. Small kid twenty-four hour period intendance homes may provide intendance for six or fewer children. However, per state law, such small kid day care homes may provide care for upwards to eight children without an additional adult attendant if all of the following conditions are met:

1. At least one kid is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age.

two. No more two infants are cared for during any time when more than six children are cared for.

iii. The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to eight children in the home at one time.

4. The licensee obtains the written consent of the property owner when the family solar day care home is operated on property that is leased or rented.

D. Big Child Day Care Homes.

1. Where Permitted. Large child day care homes are permitted in the RL and RM districts provided an administrative use permit is approved past the planning director. Such a permit shall exist approved if the director finds that the requirements of this section are met.

ii. Number of Children. Large child mean solar day intendance homes may provide care for seven to 12 children. However, per state constabulary, such large family twenty-four hour period intendance homes may provide care for upward to and including 14 children if all of the following atmospheric condition are met:

a. At least one child is enrolled in and attending kindergarten or elementary school and a second child is at to the lowest degree half-dozen years of age.

b. No more than three infants are cared for during any fourth dimension when more than than 12 children are cared for.

c. The licensee notifies each parent that the facility is caring for two boosted school historic period children and that there may be up to 13 or fourteen children in the home at in one case.

d. The licensee obtains the written consent of the belongings possessor when the family unit day care home is operated on belongings that is leased or rented.

3. Minimum Separation Between Facilities. No large kid mean solar day intendance dwelling house shall be canonical on a package which is within 1,500 feet of another parcel which either already contains such a home or which has a valid allow for such a home, unless the applicant can demonstrate to the satisfaction of the managing director that a need exists for a detail service not provided by the existing large family day care located within 1,500 feet of the proposed large family solar day care.

4. Parking and Drop-Off. One off-street parking space shall be provided for each nonresident employee working at the large family day care abode in add-on to the required parking for the dwelling. The employee space(south) may be a tandem driveway space of minimum 9 feet past nineteen feet provided the space is kept clear and available for parking purposes. In add-on, a drop-off/selection-upwardly surface area, such as a driveway area or adjacent curb infinite, shall exist provided then that children may be safely loaded and unloaded from vehicles. Instructions given and conditions imposed past the manager pertaining to traffic and parking matters in conjunction with the operation of the big family day care home shall exist furnished by the bidder to all persons placing children at the big family unit day care home.

five. Burn down Extinguisher. The big family day care abode shall contain a burn down extinguisher and smoke detector devices and meet all standards established past the State Fire Marshal.

6. Outdoor Play Areas. All outdoor play areas shall be fully enclosed past a fence of minimum five feet in top which conforms to the standards of AVMC xv.14.030, Fences and walls. No such play area shall exist provided where fences are limited to less than five feet in height.

7. Outdoor Play Hours. Outdoor activities shall be limited to between the hours of vii:xxx a.m. and 7:00 p.g.

eight. Noise. Dissonance from a large family unit day care home shall not exceed the ambient dissonance standards associated with a single-family unit residence equally specified in AVMC 15.46.010, Noise standards.

9. Signs. No signs shall exist permitted on or off the site. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.14.165 Curt-term rental uses prohibited.

A. Prohibition. Short-term rental uses such as transient bed and breakfast, hostel, hotel, inn, lodging, motel, resort and other transient lodging uses for remuneration are prohibited in all residential districts, except every bit otherwise permitted by the municipal code.

B. Liability and Enforcement. Whatsoever property owner, tenant, subtenant, occupant, person acting as agent, real estate broker, real estate agent, belongings manager, reservation service or otherwise who arranges or negotiates for the short-term utilize of residential property in violation of the provisions of this section shall be liable pursuant to the provisions of Chapter 1.06 AVMC. [Ord. 2022-166 § four].

15.fourteen.170 Construction and guard offices.

A. Temporary Apply Permit Required. The temporary placement of a trailer, recreational vehicle or other relocatable building, or the temporary apply of a permanent construction on an active construction or grading site to serve as a construction and/or guard office may exist permitted subject to approval of a temporary use let pursuant to AVMC 15.74.050 and the following requirements:

1. Whatsoever temporary utilise and/or construction shall be removed from the site within 30 days after issuance of a certificate of occupancy for the last new building on the site.

two. Any permanent structure or portion thereof devoted to a temporary use shall be demolished or converted to a permanent permitted use within 30 days after issuance of a document of occupancy for the last new edifice on the site.

3. Whatsoever materials and equipment storage yard associated with a structure or guard function shall be removed from the site within 30 days after issuance of a certificate of occupancy for the last new edifice on the site.

4. Boosted requirements imposed as atmospheric condition of the temporary utilise permit in order to ensure public safety and the mitigation of visual, traffic and other impacts. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

xv.14.180 Model home complexes.

A. Temporary Use Permit Required. Temporary model abode complexes and real estate sales offices may be established subject to approval of a temporary apply permit pursuant to AVMC 15.74.050 and the post-obit requirements:

i. The complex is used solely for the original sale of new homes or the beginning rental of apartments in projects of four or more units.

2. The complex is located within the portion of the project for which information technology is established. The temporary sales office shall be located at least 100 feet from an existing domicile unit which is non a role of the new project.

3. The following structures and facilities are permitted in conjunction with the establishment of a temporary real manor role in conformance with an approved temporary use permit:

a. Model homes, garages and accompaniment structures which conform to the zoning regulations applicative to the properties that are existence sold.

b. Recreational facilities that will become a permanent portion of the project in compliance with the zoning regulations applicable to the backdrop that are being sold.

c. Permanent streets and driveways that will be part of the project after the closure of the real manor role utilise.

d. Temporary sales office buildings, landscaping and children'due south playgrounds, temporary and permanent fencing pursuant to AVMC 15.14.030, walks, and amenities.

e. Temporary vehicle parking and maneuvering areas to provide off-street parking.

B. Sales Office Location. Notwithstanding other provisions of this lawmaking, the packet on which a temporary real estate office is established is not required to be a conforming building site provided the parcel is precisely described.

C. Signs. Signs for temporary model home complexes shall suit to Chapter 15.34 AVMC, Signs. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.xiv.190 Residential trash enclosures.

Trash enclosures in residential districts shall conform to the same provisions as for nonresidential projects as set out in AVMC 15.62.080. [Ord. 2022-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-reference: solid waste disposal, Affiliate 7.05 AVMC.

15.14.200 Gate-guarded entries.

A. Site Development Permit. Establishment of gate-guarded entries for existing neighborhoods and new developments in the urban center requires city council approving of a site development permit. Whatever person desiring to establish a gate-guarded entry, whether manned or automatic, shall submit a detailed gate-guarded neighborhood plan to the planning department for initial review. The programme shall provide the required data and satisfy standards equally set out in this section. The program shall non be processed until the director has determined that all required data has been submitted with the plan application.

B. Existing Entries Exempt. Replacement and maintenance of existing gates, fences, guard houses and other entry features are not discipline to the requirements of this department.

C. Required Data. The neighborhood program submitted by the proponents of a gate-guarded entry shall include the following:

i. Evidence of Identifiable Surface area to Be Served. A proposed gate-guarded neighborhood submitted pursuant to this section shall nowadays evidence demonstrating that the control gates will serve a well-defined neighborhood.

2. Evidence of Neighborhood Support. For existing neighborhoods, the post-obit prove of resident support shall exist required. The bidder's submission shall include a survey showing majority support for the concept. At a minimum, signatures of 51 percent of the owners of holding within the neighborhood evidencing written support for the plan shall be submitted past the bidder and utilized past the city in determining whether in that location is majority support for the plan, with each buildable lot or dwelling unit to be tabulated as one vote. This criterion shall not apply to new development.

3. Utility/Community facility Coordination. The plan shall evidence the layout of next utility and/or public facilities. Any facilities which are in conflict with the proposed gate system shall exist relocated at the bidder's expense.

4. Access by Services. The applicant submitting the plan shall provide written show from the service provider that all maintenance services, e.chiliad., trash pick-up and street cleaning, will exist maintained after the installation of the gated entry.

D. Design and Access Standards. Plans for establishment of a gate-guarded neighborhood shall incorporate the following design and access standards:

1. Emergency Access Provisions. The plan shall provide for the installation of an override organization every bit prescribed by the metropolis for emergency access. The system shall be canonical by the Orangish County fire dominance and the police force chief.

two. Entry Bypass Provisions. If the gate operates past fashion of a telephone system, a ring-through feature shall be provided so that cars waiting at the gate archway volition non cause waiting or queuing problems should a phone line be in use, or a pull-out surface area outside of traffic lanes shall be provided to allow telephoning without blocking access.

3. Gate Setback. The setback of all gates shall be canonical by the city engineer. The setback shall be evaluated by considering the number of domicile units within a gated neighborhood, internal and external traffic patterns, number of gated entries, the number of lanes at each entry point, type of gate command at each entry and type of street from which admission is existence taken.

4. Turnaround. There shall be a minimum 38-foot radius turnaround expanse located on the public street side of the gate to ensure unrestricted admission to and from the gate area and public street system. This required turnaround surface area may include a rolled curb and sidewalk provided there are no obstructions to vehicles on the sidewalk. This requirement shall be treated as a general standard which may be modified based upon site and public health and safety considerations at the sole discretion of the city.

v. Height of Gates. Vehicle entry gates shall not exceed 8 feet in height and pedestrian entry gates shall non exceed six feet in height. Gates shall be of open design and height limits shall exist exclusive of whatever decorative elements such equally scrolls, finials or like features, which may extend upwardly to one foot above the maximum contend height.

6. Water and Other Entry Features. Decorative water features such as fountains and waterfalls shall not exceed 12 feet in height. Guard houses and covered entries shall not exceed 12 feet in tiptop. Other entry features, such equally bollards, shall not exceed six feet in acme. Entry expanse lighting shall conform to the provisions of AVMC fifteen.14.130.

7. Admission to Public Facilities. The pattern of the gated-entry system shall non event in the blockage or inhibition of access by the public to public or quasi-public facilities, whether existing or planned, such as parks, schools, hiking and biking, and equestrian trails, etc., which serve more of the community than the proposed gated neighborhood.

viii. Review by City Staff and Fire Authority. The gate design plan shall be reviewed by the city engineer and planning director, who volition frontward recommendations to the city quango regarding safety, function and aesthetics. The plan shall as well exist referred to the fire authority staff for its review and recommendations prior to a decision on the site development allow.

Eastward. Exceptions to Design Standards. Notwithstanding the standards prepare out in subsection (D) of this section, the metropolis council may approve exceptions to i or more than of the design standards pursuant to the procedures of AVMC 15.74.070 if it finds that:

1. Unique physical features, including but not limited to the size of the neighborhood, justify an exception to one or more of the blueprint standards; and

2. The exception will not create a material adverse touch on to surrounding backdrop nor whatsoever health or safety hazard. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

Cross-references: gated residential communities, Chapter 7.20 AVMC; design standards, Chapter 15.62 AVMC.

Cantankerous-references: buildings and construction, AVMC Title thirteen; residential condominium conversions, Chapter 15.54 AVMC; affordable housing incentives, Affiliate 15.58 AVMC; housing and reasonable accommodation, Affiliate 15.66 AVMC.