Chapter 18.90
RESIDENTIAL DISTRICTS
Sections:
18.90.010 Purpose and establishment of residential districts.
18.90.030 Development standards and requirements applicable to all residential districts.
18.90.040 Additional development standards applicable to R-1 and R-2 districts.
18.90.045 R-1 designated neighborhoods.
18.90.050 Additional development standards and design guidelines applicable to R-3 districts.
18.90.060 Historical notes and references regarding R-G zoning.
18.90.070 Additional development standards applicable to R-G districts.
18.90.080 Uses within residential districts.
18.90.010 Purpose and establishment of residential districts.
The residential districts are locations primarily devoted to stabilizing and protecting the predominantly residential characteristics of the districts. Residential districts are also intended to promote and encourage new infill developments; and foster improved sustainability through such methods as reductions to impervious surface area, installation of solar and wind energy systems, and other building related improvements. Finally, residential districts may incorporate related housing types, services and accessory uses that generally serve the area or community as a whole. The specific purpose(s) for each residential district is further described as follows:
(a) R-1 (Single-Family Residential) District. To promote and maintain predominantly single-family home neighborhoods together with compatible accessory and supporting uses.
(b) R-2 (Duplex and Two-family Residential) District. To promote and maintain duplex/two-family home neighborhoods in order to increase housing opportunities for both ownership and rental homes.
(c) R-3 (Multifamily Residential) District. To promote and encourage well planned, suitable, and appropriate multiple dwelling developments within low-medium and medium density land use designations as shown on the general plan land use map insofar as compatible with the intensity of existing and future land use. The district also seeks to promote a full range of choices in housing types and sizes and to improve access to affordable housing. The district may also incorporate service uses and limited commercial uses. Finally, the district is intended to allow developers the flexibility necessary to accomplish such goals.
(d) R-G (Garden Residential) District. To maintain and provide for developments constructed prior to the adoption of the R-3 multifamily residential district on July 22, 2003. No additional property is envisioned to be redesignated to this district. Property developed in this district is distinguished by ample garden/open space areas. District standards are maintained to ensure that developments are not considered nonconforming while providing for property improvements to meet sustainability goals of the general plan. The district may also incorporate service uses and limited commercial uses. (Ord. 16-2015 § 36, 6-2-15.)
18.90.020 Reserved.
(Ord. 16-2015 § 36, 6-2-15.)
18.90.030 Development standards and requirements applicable to all residential districts.
The following standards shall apply in R districts:
(a) Design review permit approval shall be required pursuant to Chapter 18.235.
(b) Building setbacks (front and street side yard depths) shall be measured from the right-of-way line of the public street (usually behind the sidewalk) or, in the case of a private street, the back edge of the private street improvements including any gutter, curb, planter strip and sidewalk to the face of a building wall. Building setbacks (interior side yard depths) shall be measured from the property line to the face of the building wall.
(c) Exterior lighting, except streetlights, shall be diffused or concealed in order to prevent illumination of adjoining properties or the creation of objectionable visual impacts on other properties.
(d) Electrical, telephone and utility transformers shall be placed underground. In no case shall a transformer be visible from any public or private street right-of-way.
(e) Mechanical, meter and other equipment screening shall be required in accordance with Section 18.190.320.
(f) Utility lines shall be located so as not to preclude the placement of street or front yard tree per individual single-family lot. Multiple family (including townhome and attached home) lots are required to space trees along the entire street frontage or alternatively their pedestrian walkway frontage. In those instances where sidewalks are integral with the curb, the street tree(s) shall be placed in the front yard setback area. Utility lines shall be placed under or directly adjacent to the driveway area if necessary to accommodate the street tree(s).
(g) The pedestrian circulation system within a development site must connect the main entrance of a building to the public pedestrian circulation system and must meet adopted accessibility requirements. Pedestrian systems shall be no less than five feet in width unless an alternative system meeting accessibility standards is provided. Where the system crosses driveways, parking areas and loading areas, the system shall be clearly identifiable, through use of a different paving material, or similar method. Striping alone does not meet this requirement. The on-site system must be lighted to a level where the system can be used at night.
(h) Individual single-family homes shall be limited to one driveway from public or private streets except as provided in Section 18.183.110(k). Driveways leading to individual garages shall be a minimum of 18 feet in length behind any approved sidewalk or pedestrian system. For attached housing developments1 without standard length driveways, approaches must be less than four feet from the street edge. Driveways shall be a minimum width of 10 feet for single/tandem parked cars and 18 feet for two-car-width driveways.
(i) Parking:
(1) Parking (inclusive of bicycle parking, car share and electric vehicle spaces) shall be provided as required in Chapter 18.183.
(2) Individual garages shall remain reserved for vehicular parking and bicycle parking and shall not be used as a storage area so as to preclude required parking.
(j) All yard areas shall be landscaped according to their purpose, such as ornamental landscaping, recreational space, private yard area, or storm water treatment. Landscape improvements may include trees, shrubs, flowers, groundcover, and hardscape as required by the city’s landscape development requirements and policies. Furthermore, front and side yard hardscape shall be limited to essential driveways leading to parking and pedestrian walkways.
(k) Side yard buffers for single-family driveways shall generally be a minimum of six feet in width adjacent to perimeter property lines to allow for landscape screening and large tree growth. As provided in Section 18.183.180(a)(2)(C) the side yard buffer may be reduced to three feet for extended driveways. In developments with garages located to the rear of the lot, the side yard setback can be reduced to a minimum of one foot six inches, when the yard is landscaped.
(l) Landscape design shall include planter space for large canopy tree species of a minimum dimension of 10 feet at the ground level with additional space for canopy maturity at upper building levels. Tree planting shall be provided at a rate of one large tree for every five units, in addition to other landscape requirements for parking areas contained in Chapter 18.183. Additional accent trees and landscape elements shall be provided for every unit and should be integrated into each individual unit design and sized appropriately to the intended space. Landscape planting requirements may vary through design review permit approval in recognition of tree preservation efforts.
(m) Bay friendly and water efficient landscapes meeting state water efficiency standards are required.
(n) All fencing shall conform to the standards set forth in Chapter 18.171.
(o) Internal and external storage of municipal solid waste, recyclables, and yard waste shall conform to standards set out in Section 18.190.440.
(p) Visual privacy shall be incorporated through the use of open space between buildings, careful attention to window placement, landscaping treatment and structural screening.
(q) Adherence to universal design provisions of Chapter 15.67.
(r) For residential districts in the hill area, the city engineer or building official may require a new or additional on-site geotechnical report for grading plans, subdivision maps, or building permits on lands which are in a landslide area, in the path of a landslide, at risk of a landslide, or in an area of slope instability as reasonably determined by the city engineer or building official. The evidence to be considered by the city engineer or building official may include any or all of the following:
(1) Fremont general plan;
(2) An on-site geotechnical report;
(3) A survey by the United States Geological Survey;
(4) A survey by the California Geologic Survey;
(5) A report available to the city; or
(6) Observation of physical conditions.
The investigation shall be prepared by a state-licensed professional. The scope of such investigation shall be determined by the city engineer or building official based on the type of development or construction proposed, and the constraints to the land. The city engineer or building official may require approval of the investigation through peer review by an independent geologist selected by the city engineer or building official with the cost borne by the applicant. Based upon the results of the investigation, the city engineer or building official may approve or issue the requested plan, map or permit.
(s) The city may enforce any landscaping requirement set forth as a design rule in the Citywide Design Guidelines, or that is required as a mitigation measure. The city may also require that a property owner acknowledge (prior to issuance of a building permit) that they understand these requirements and agree to disclose them upon sale of the property.
(t) Air conditioning units may be placed in the interior side yard of properties subject to the R-1 development standards; provided, that a minimum three feet is provided between the air conditioning unit and the interior side yard property line.
(u) A “housing development project,” as defined in Cal. Gov’t. Code § 65905.5, as may be amended, shall not demolish any residential units unless it complies with the requirements specified in Cal. Gov’t. Code § 66300, as may be amended. (Ord. 16-2015 § 36, 6-2-15; Ord. 04-2016 § 22, 3-1-16; Ord. 07-2016 § 1, 3-15-16; Ord. 17-2016 § 19, 9-13-16; Ord. 17-2017 § 1, 11-7-17; Ord. 05-2018 § 5, 3-20-18; Ord. 23-2018 § 17, 10-2-18; Ord. 07-2023 § 19, 12-5-23.)
18.90.040 Additional development standards applicable to R-1 and R-2 districts.
The following minimum standards, set forth in Table 18.90.040, shall be observed, except where increased for conditional uses. Combining small parcels may be necessary to fulfill the requirements of this chapter and other city standards and regulations.
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Zoning District1,10 |
R-1-6 |
R-1-6 Glenmoor Gardens2 |
R-1-8 |
R-1-8 Mission Palms |
R-1-8 Mission Ranch3 |
R-1-10 |
R-1-20 |
R-1-40 |
R-24 |
Exceptions, Adjustments and References |
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|---|---|---|---|---|---|---|---|---|---|---|---|---|
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Minimum lot area1 (square feet) |
Single-family |
6,00015 |
6,00015 |
8,00015 |
8,00015 |
8,00015 |
10,00015 |
20,00015 |
40,00015 |
6,00015 |
|
|
|
Duplex |
8,0005 |
8,0005 |
10,0005 |
10,0005 |
10,0005 |
12,0005 |
20,0005 |
40,0005 |
8,000 |
|
||
|
Minimum street frontage1 (feet) |
Regular lot1 |
35 |
|
|||||||||
|
26 |
– |
26 |
– |
– |
26 |
26 |
26 |
– |
||||
|
Minimum lot width1 |
Interior (feet) |
55 |
55 |
70 |
70 |
75 |
80 |
100 |
150 |
70 |
|
|
|
Corner (feet) |
65 |
65 |
80 |
80 |
80 |
90 |
110 |
160 |
80 |
|
||
|
Minimum lot depth1 (feet) |
100 |
|
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|
Minimum front yard1 depth (feet) |
20 |
20 |
25 |
25 |
25 |
25 |
35 |
40 |
25 |
|||
|
Minimum rear yard1 depth |
One story1 (feet) |
25 |
25 |
25 |
25 |
25 |
30 |
40 |
50 |
25 |
||
|
Two story1 (feet) |
25 |
– |
30 |
30 |
30 |
35 |
40 |
50 |
25 |
|
||
|
Minimum interior side yard1 depth6,7 |
Minimum (feet) |
5 |
5 |
7 |
7 |
7 |
8 |
10 |
20 |
7 |
||
|
Total (feet) |
12 |
12 |
16 |
16 |
16 |
20 |
25 |
45 |
16 |
|||
|
Second story1 |
Minimum (feet) |
6 |
– |
8 |
8 |
8 |
10 |
10 |
20 |
8 |
||
|
Total (feet) |
15 |
– |
20 |
20 |
20 |
20 |
25 |
45 |
20 |
|||
|
Solar setback |
Minimum (feet) |
Varies |
– |
Varies |
18.186 |
|||||||
|
Minimum street side yard1 depth on corner lots1 (feet) |
10 |
10 |
12.5 |
12.5 |
12.5 |
12.5 |
17.5 |
20 |
12.5 |
|||
|
Maximum building height1 |
One story1 (feet) |
17 |
178 |
17 |
178 |
178 |
17 |
17 |
17 |
17 |
||
|
Two story1 (feet) |
30 |
– |
30 |
278,9 |
278,9 |
30 |
30 |
30 |
30 |
|||
|
Maximum height above grade for finish floor level (first story1 over basement)9 (inches) |
28 |
28 |
28 |
28 |
28 |
28 |
28 |
28 |
28 |
|
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|
Roof pitch9, 14(rise: run) |
Minimum |
3:12 |
3:12 |
3:12 |
3:12 |
3:12 |
3:12 |
3:12 |
3:12 |
3:12 |
|
|
|
Maximum |
7:12 |
5:12 |
7:12 |
5:12 |
5:12 |
7:12 |
7:12 |
7:12 |
7:12 |
|
||
|
Maximum lot coverage1 for first story1 (includes garage area), as a percentage of lot area |
40 |
40 |
40 |
[Footnote 11] |
[Footnote 12] |
40 |
40 |
40 |
40 |
|
||
|
Maximum size of second story (or understory on a downhill lot) (as a percentage of first story area, not to exceed specified square footage)13 |
50% or 1,000 s.f. max. |
– |
50% or 1,250 s.f. max. |
[Footnote 11] |
[Footnote 12] |
50% or 1,500 s.f. max. |
50% or 3,000 s.f. max. |
50% or 6,000 s.f. max. |
50% or 1,000 s.f. max. |
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See Section 18.190.005 |
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|
See Chapter 18.153 |
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See Chapter 18.171 |
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1 Term is defined in Chapter 18.25.
2 See the objective design standards in the Glenmoor Gardens Design Guidelines.
3 See the objective design standards in the Mission Ranch Design Guidelines.
4 Standards listed are for development of duplex units. Single-family residences may utilize R-1-6 standards; however, this may preclude subsequent duplex development.
5 Duplexes are only permitted on corner lots.
6 Rear and side yards may be substituted for one another, except that on a corner lot such substitution shall be made only between a rear yard and an interior side yard.
7 For combination one- and two-story structures, the one-story portion of the structure shall meet the one-story setback requirements and the two-story portion of the structure shall meet the two-story setback requirements. In no case shall the total side yard setback for combination one- and two-story structures be less than that required for a one-story structure only. The wider setback shall be on the two-story side.
8 For Glenmoor Gardens, Mission Ranch, and Mission Palms, height is measured from grade to the top of the roof ridge.
9 Does not apply when matching existing conditions.
10 Development standards for R-1-X districts were specified at the time of district establishment but are subject to the lot coverage and maximum second-story size standards of the district closest in size to the actual lot size as well as the solar setback requirements. No new R-1-X zones are permitted.
11 Lot coverage varies based upon the number of stories. A one-story home may have up to 40 percent lot coverage. The overall square footage of a two-story home is limited to 35 percent of the lot area. The square footage of the second story is limited to 60 percent of the square footage of the first story, or 1,000 square feet, whichever is less.
12 Lot coverage varies based upon the number of stories. A one-story home may have up to 40 percent lot coverage. A two-story home is only possible if the first-floor lot coverage first reaches 22 percent but does not exceed 30 percent. The overall square footage of a two-story home, however, then becomes limited to 30 percent of the lot area.
13 Second story may have an area up to the lesser of 50 percent of the first-floor area and the floor area of any attached garages or 1,000 square feet in R-1-6 zoning district, 1,250 square feet in R-1-8 zoning district, 1,500 square feet in R-1-10 zoning district, 3,000 square feet in R-1-20 zoning district, 6,000 square feet in R-1-40 zoning district, and 1,000 square feet in R-2 zoning district. The second-story limitations shall not apply to a project that involves a second story that is converted from an attic or constructed in a way that the second-story floor area is located within the slope of the roof system over the first floor.
14 Roof pitch standard may be adjusted through a discretionary design review permit.
15 To allow for densities permitted by the general plan, new residential development on lots that are less than 6,000 square feet may utilize the objective standards provided in the city’s “Design Guidelines for Small-Lot Single-Family Residential Developments.”
(Ord. 16-2015 § 36, 6-2-15; Ord. 04-2016 § 23, 3-1-16; Ord. 16-2016 § 1, 9-13-16; Ord. 27-2016 § 17, 12-6-16; Ord. 17-2017 § 2, 11-7-17; Ord. 21-2018 § 1, 10-2-18; Ord. 02-2020 § 17, 1-14-20; Ord. 09-2020 § 5, 10-6-20; Ord. 05-2021 § 24, 4-20-21; Ord. 07-2023 § 20, 12-5-23.)
18.90.045 R-1 designated neighborhoods.
(a) Process for Designation.
(1) Within the R-1 district, the city council may designate certain neighborhoods as having unique characteristics and design attributes which warrant preservation through particularized regulations and enhanced design review. Designated neighborhoods shall be created by ordinance as subareas within the R-1 district in accordance with the procedures set forth in Chapter 18.225. The ordinance creating the designated neighborhood shall describe the boundaries of the neighborhood and assign it a unique name, which shall be reflected on the city’s zoning maps, and shall describe additional regulations particular to the neighborhood, which shall be included in the table of regulations for the R-1 district, set forth in Section 18.90.040. The city council may, by resolution, adopt design guidelines for any designated neighborhood.
(2) Commencing from the date of its establishment, all new construction and alteration and remodeling of existing homes or structures within a designated neighborhood shall be subject to its standards and guidelines, and shall require a design review permit pursuant to Chapter 18.235.
(b) Designated Neighborhoods, Established. The following subareas in the R-1 district have been established as designated neighborhoods:
(1) Glenmoor Gardens (R-1-6-GG); established October 7, 2010.
(2) Mission Ranch (R-1-8-MR); established October 7, 2010.
(3) Mission Palms (R-1-8-MP); established September 13, 2016. (Ord. 16-2015 § 36, 6-2-15; Ord. 16-2016 § 2, 9-13-16.)
18.90.050 Additional development standards and design guidelines applicable to R-3 districts.
(a) Standards and Design Guidelines, in General. The development standards summarized in Table 18.90.050 (elaborated upon in subsections (b) through (i) of this section) and the multifamily design guidelines (MFDG) work together to create desirable residential areas by promoting aesthetically pleasing environments, safety, privacy, energy conservation, and recreational opportunities consistent with the general plan community character element. The city applies the MFDG as part of each development’s design review permit. The MFDG provides the fine level of detail to ensure that the integration of site planning and architectural details will create high quality and compatible developments.
There are two types of design review permits, ministerial and discretionary. Projects subject to a ministerial design review permit must meet all of the development standards and design rules. Projects subject to a discretionary design review permit must meet all development standards, but the approval authority may allow flexibility when an applicant can demonstrate that the purpose and intent of a development standard or design rule is met through alternate means.
The development standards are generally written for development on flat, regularly shaped lots. Other lots may necessitate the use of flexibility provided through discretionary design review in order to develop a project that meets the purpose and intent of the development standards and design rules. The flexibility allowed, however, shall not be construed as applying the lowest common denominator that dilutes quality and character.
|
Zoning District |
R-3-103 |
R-3-11 |
R-3-14 |
R-3-153 |
R-3-18 |
R-3-23 |
R-3-273 |
R-3-30 |
R-3-35 |
R-3-50 |
R-3-70 |
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Allowable net density range (units/acre) |
8.3 to 10 |
8.8 to 11 |
11.1 to 14.5 |
13 to 15 |
14.6 to 18 |
18.1 to 23 |
25 to 27 |
23.1 to 29.9 |
30 to 35 |
35.1 to 50 |
50.1 to 70 |
|
|
Minimum lot area2 (square feet) |
6,000 |
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Minimum street frontage2 (feet) |
35 |
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Minimum lot width2 |
Interior (feet) |
60 |
80 |
|||||||||
|
Corner (feet) |
65 |
80 |
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Minimum lot depth (feet) |
100 |
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Minimum front yard and street side yard depths2,4,6 (feet) |
15 |
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Minimum interior side yard and rear depths2 for both accessory and principal structures |
10 |
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Additional minimum interior side and rear yard step back9 when abutting a less dense residential general plan designation: |
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• Principal structures of three stories |
20 |
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• Principal structures of four stories |
Not applicable |
30 |
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• Principal structures of five or more stories |
Not applicable |
60 |
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Distance between windows of separate units on walls angled 90 degrees or less from each other (feet)5 |
15 |
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Distance between parking or circulation areas and a public street right-of-way or private street easement (feet) |
15 |
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Width of double-loaded paseo and pedestrian path circulation areas (feet) |
One- and two-story buildings |
15 |
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Three-story buildings |
20 |
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Maximum building height7 (feet) |
30 |
367 |
457 |
527 |
527,8 |
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Maximum lot coverage2 (percentage) |
40 |
45 |
50 |
55 |
65 |
75 |
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500 square feet for developments up to five units, plus 50 square feet for each additional unit. The minimum dimension of any common open space counting toward this requirement shall be 15 feet. (For projects with 12 or less units see subsection (g)(1)(A)(v) of this section) |
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Balconies (above ground level) |
Minimum 60 square feet, the least interior dimension of which is six feet |
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Patios or private yards (at ground level) |
Minimum 100 square feet, the least interior dimension of which is 10 feet, or minimum of 200 square feet, with an interior dimension between six and 10 feet |
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See Section 18.190.005 |
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|
See Chapter 18.153 |
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|
See Chapter 18.171 |
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1 Term defined in Chapter 18.25.
2 Attached housing developments are exempt from this requirement except as set forth in the city’s multifamily design guidelines.
3 Properties with these zoning designations, or properties within a P district referencing these zoning designations, may continue to use the applicable density range until such time as the property is rezoned. These zoning designations may not be applied to new properties as of January 1, 2014.
4 When a development fronts upon a Main Street corridor or urban corridor street as identified in the general plan, there is no minimum setback distance to a building.
5 Buildings organized around private open space yards that consider privacy and views are exempt from this standard.
6 Building articulation and covered porch encroachments are allowable within front yards.
7 Height is limited to 30 feet for those areas of parcels within 50 feet of any property with a general plan density designation of 8.7 units per acre or less.
8 Height may be increased to 65 feet maximum when within one-half mile of a transit station, and only for those portions of the building that have a step back of 100 feet from any property with a less dense residential general plan designation.
9 See subsections (e)(1) and (e)(2) of this section for further clarification.
(b) Density Standards.
(1) Purpose and Intent. Density, defined as the number of dwellings per unit of land, is controlled so that housing can match the availability of public services and the support of commercial areas. The standards also allow the housing density to be matched with the carrying capacity of the land. In addition, the density standards are used as one type of control of overall building bulk. Finally, minimum density standards ensure that the service capacity is not wasted and that the city’s housing goals are met.
(2) Density Calculations.
(A) When the density calculation for a parcel results in a fraction of one-half or greater, the density shall be rounded up to the next whole unit.
(B) When the density calculation results in a fraction less than one-half, the density shall be rounded down to the next whole unit.
(C) Minor deviations of no more than one dwelling above or below the permitted range may be allowed when rounding the density calculation.
(D) Notwithstanding the minor deviations in density calculations allowed above, up to three dwelling units below or above the density ranges may be allowed for projects in R-3-35, four dwelling units in R-3-50 and five dwelling units in R-3-70 zones, only if the project complies with any minimum number of units prescribed in the housing element.
(3) Density Reductions and Bonuses.
(A) Densities below the permitted density (except the minor deviations allowed by this section) shall only be allowed under special circumstances, detailed in the general plan land use and housing chapters.
(B) Density bonuses above the permitted density range of a district shall be allowed subject to the provisions of Chapter 18.165, the general plan, and state law.
(4) Density Redistribution.
(A) For purposes of this section, “density redistribution” shall mean a project that incorporates housing types that are above the density range and/or housing types that are below the density range but the overall average density of the project is within the density range established by the general plan for the site. Projects involving a density bonus are exempt from this definition.
(B) Projects that propose density redistribution shall be reviewed by the planning commission and the city council shall be the final approval authority for the project.
(5) Other Density Standards.
(A) For purposes of general plan density calculations and density bonus allowances, each efficiency apartment or single room occupancy unit1 shall count as one-half of a dwelling unit.
(B) Assisted living facilities2 and rooming houses and boardinghouses1 for any number of guests shall not be limited to maximum density standards.
(C) Mixed-use multifamily developments are based upon allowable floor area ratio, and not density.
(c) Height Standards.
(1) Purpose and Intent. The height standards serve several purposes, including promoting a reasonable building scale and relationship of one residence to another, promoting options for privacy for neighboring buildings and properties, and reflecting the general building scale of multifamily development in the city’s neighborhoods.
(d) Lot Standards.
(1) Purpose and Intent. The minimum lot size, width, and frontage standards for new lots ensure that development on a lot will be able to comply with all site development standards. The standards also prevent the creation of very small lots that are difficult to develop at their full density potential.
(2) Pursuant to Cal. Gov’t. Code § 65913.11, as may be amended, minimum lot standards shall not apply for existing lots where a small-scale multifamily housing development project is proposed. See Section 18.190.522 for regulations pertaining to small-scale multifamily housing development projects.
(e) Separation, Setback, Step Backs, and Yard Standards – Purpose and Intent.
(1) Purpose and Intent. The building separation, setback, step backs, and yard standards serve several purposes including: maintaining light, air, and separation for fire protection and access for firefighting; ensuring that buildings do not overwhelm adjacent development; encouraging that new development reflects the general building scale and placement of multifamily development in the city’s neighborhoods; fostering a desirable pedestrian-oriented environment and neighborhood setting for the area; promoting a reasonable physical relationship between residences; and promoting options for privacy for neighboring properties.
(2) Step Back Provisions – Clarification and Details. Step backs apply when a proposed development site with a higher density land use designation abuts an interior side or rear yard of adjoining site with a less dense residential land use designation. Step backs ensure that buildings do not overwhelm adjacent properties by creating greater separation. As new buildings increase in number of stories step backs are applied to limit bulk and mass and to improve light and privacy for the adjacent property. Building heights may increase to the maximum heights once applicable step back requirements are met. For the purpose of this section, a half story shall count as a full story unless there are no windows, balconies, or decks facing the adjacent lot. Above-grade garage podiums (including half-level garage podiums) shall also count as a full story. The following figure provides an example of how the step back requirement could be applied.
(3) Step Back Exemption. When an adjacent site is previously developed, the newly developing site may utilize the same setback and step backs as the already developed site along that particular property line for the same number of stories as the existing development. Additional stories above what exists on the adjacent site shall adhere to the step back provisions above.
(f) Lot Coverage.
(1) Purpose and Intent. The lot coverage standards, along with height, setback, and other development standards, limit the overall bulk of structures. They assure that larger buildings will not have a footprint that overwhelms adjacent development. Additionally, the coverage limitations allow for on-site storm water treatment and management and accommodate needed open space areas.
(g) Open Space Areas.
(1) Purpose and Intent. Open space areas shall be provided for the use of all residents within the development. Open space is important to provide areas for use by residents outside of the private units, either outdoor or indoor, to provide a semi-private transition area between private residences and the public domain, and to ensure that adequate facilities exist for the use of residents outside of the private units. Open space areas are comprised of common and private open space.
(A) Common Open Space1.
(i) Common open space may include, but is not limited to, rooftop gardens, indoor recreation facilities, landscaped spaces designed for active use, and other creative spaces.
(ii) Common open space shall be accessible to all residents within the development and provided with amenities or facilities likely to be utilized by anticipated residents, such as swings, pools, barbecues, tables and benches.
(iii) Common open space area shall have a minimum dimension of 15 feet.
(iv) Common open space areas shall not be located within any required setback.
(v) Small development sites of 12 units or less may be exempted from providing common open space when exceeding private open space area standards.
(B) Private Open Space1. Each dwelling unit should have at least one private open space area contiguous to the individual dwelling unit that allows the occupants of the unit the private use of an outdoor space. Common open space may be substituted for the required private space at a ratio of 2:1 (e.g., 120 square feet of common open space may be substituted for 60 square feet of required private open space).
(h) Storage. Each multifamily dwelling unit shall have an enclosed storage closet located within the garage, balcony/patio, or deck area. The storage closet shall have a minimum of 100 cubic feet of storage space that does not encroach into other required areas. Alternative spaces that meet the intent of this requirement may only be approved through a discretionary design review permit.
(i) Requirements for Single-Family and Two-Family Dwellings within R-3 Districts.
(1) Single-family structures may utilize R-1-6 side yard standards and duplex structures may utilize R-2 side yard standards but in all other respects development shall conform to R-3 district standards. For accessory dwelling unit standards, see Section 18.190.005.
(2) Additions to existing single-family and two-family dwellings on R-3 lots 6,000 square feet or greater may be allowed, subject to a zoning administrator permit, when the zoning administrator can find that the city’s interest in promoting an increase in the number of dwelling units in the district is outweighed by the city’s interest in promoting the improvement or preservation of the existing dwelling(s). (Ord. 16-2015 § 36, 6-2-15; Ord. 04-2016 § 24, 3-1-16; amended by city during April 2016 update; Ord. 17-2016 § 20, 9-13-16; Ord. 27-2016 § 18, 12-6-16; Ord. 01-2017 § 7, 1-3-17; Ord. 17-2017 § 3, 11-7-17; Ord. 05-2018 § 6, 3-20-18; Ord. 09-2020 § 6, 10-6-20; Ord. 05-2021 § 25, 4-20-21; Ord. 07-2023 § 21, 12-5-23.)
18.90.060 Historical notes and references regarding R-G zoning.
R-G zoning is being retained to recognize developments built under R-G standards and to provide for limited changes to existing R-G zoned properties. No additional parcels may be zoned to the R-G district. The following references are provided to guide users of the current code with respect to actions of the past.
(a) R-G zoning was utilized until the adoption of the new R-3 (multifamily residential) district on July 22, 2003. Even prior to the R-3 district adoption, most multifamily projects developed after the 1980s chose planned development zoning as the preferred zoning.
(b) Use of the R-G-X zone ceased on November 29, 1978.
(c) Prior to July 22, 2003, certain R-G district standards could be adjusted by conditional use permit. Under present zoning, certain standards may be adjusted through a discretionary design review permit. (Ord. 16-2015 § 36, 6-2-15; Ord. 05-2018 § 7, 3-20-18.)
18.90.070 Additional development standards applicable to R-G districts.
(a) Standards, in General. The standards summarized in Table 18.90.070 promote garden apartment living environments by promoting aesthetically pleasing environments, safety, privacy, and recreational opportunities.
(b) Single-family structures may utilize R-1-6 side yard standards and duplex structures may utilize R-2 side yard standards but in all other respects development shall conform to R-G district standards. For accessory dwelling unit standards, see Section 18.190.005.
(c) Additions to existing single-family and two-family dwellings on R-G lots 7,500 square feet or greater may be allowed, subject to a zoning administrator permit, when the zoning administrator can find that the city’s interest in promoting an increase in the number of dwelling units in the district is outweighed by the city’s interest in promoting the improvement or preservation of the existing dwelling(s).
|
Zoning District Development Standard (measurement) |
R-G-40 |
R-G-29 |
R-G-24 |
R-G-19 |
R-G-16 |
R-G-15 |
|
|---|---|---|---|---|---|---|---|
|
Minimum building site area per unit2,3 (square feet) |
4,000 |
2,900 |
2,400 |
1,900 |
1,600 |
1,500 |
|
|
Minimum lot area1,4 (square feet) |
7,500 |
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|
Minimum street frontage1 (feet) |
35 |
||||||
|
Minimum lot width1 (feet) |
70 |
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|
Maximum lot coverage1,5 (percentage) |
50 |
||||||
|
Maximum building height (feet) |
Single- and two-family dwellings and manufactured homes |
2-1/2 stories and 30 |
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|
Other principal structures6 |
45 |
||||||
|
Common open space1 (percentage) |
25 Areas to be counted as common open space shall have a minimum dimension not less than 15 feet |
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|
Balconies (above ground level) |
60 square feet, the least dimension of which is six feet |
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|
Patios (at ground level) |
120 square feet, the least dimension of which is 10 feet |
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|
SEPARATION STANDARDS: |
Minimum Standard |
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|
|
|||||||
|
- One-story buildings |
20 feet |
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|
- Two-plus-story buildings |
25 feet |
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- Private open space enclosures |
10 feet |
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|
Between a building and an interior side or rear property line |
15 feet |
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|
Between two buildings, generally |
20 feet |
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|
Between two one-story buildings |
10 feet |
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|
Between buildings and parking areas or driveways (nonpublic or private streets) |
10 feet |
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|
Between parking or circulation areas and a public street7 |
15 feet |
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|
Between private garage doors and a sidewalk |
≥ 18 feet and ≤ 22 feet, or ≥ 36 feet |
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|
Between private garage doors and private street or driveway without a sidewalk |
≤ 4 feet, or ≥18 feet and ≤ 22 feet, or ≥ 36 feet |
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|
See Section 18.190.005 |
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|
See Chapter 18.153 |
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|
See Chapter 18.171 |
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1 Term defined in Chapter 18.25.
2 Where application of minimum site area results in a fraction greater than one-half, an additional unit may be permitted subject to conformance with other standards and requirements of this title.
3 R-G-X building site area requirements shall be as specified on the zoning map.
4 Combining small parcels may be necessary to fulfill the standards of this chapter and other city standards and regulations.
5 A five percent increase in lot coverage may be approved when warranted by superior design and open space allocation through a discretionary design review permit.
6 An increase in height for principal structures may be considered pursuant to the requirements set forth in Chapter 18.250, when such an increase will not be detrimental to adjacent present and future development.
7 Minor encroachments to within 10 feet may be made where adequate screening is provided.
(Ord. 16-2015 § 36, 6-2-15; Ord. 01-2017 § 8, 1-3-17; Ord. 05-2018 § 8, 3-20-18; Ord. 09-2020 § 7, 10-6-20.)
18.90.080 Uses within residential districts.
(a) Use Table. Table 18.90.080 sets forth those uses which are permitted, permitted with approval of a zoning administrator permit, permitted with approval of a conditional use permit, and not allowed in residential districts, and the type of approval each use requires. The following terms are used in Table 18.90.080:
(1) Permitted (“P”) uses are allowed subject to conformance to standards or conditions of this title.
(2) Conditional (“C”) uses may be permitted with a conditional use permit, provided all other requirements of this title are met.
(3) Zoning administrator (“Z”) uses may be permitted with a zoning administrator permit, provided all other requirements of this title are met.
(4) Accessory (“A”) uses are allowed when subordinate to or part of a principal use on the same lot and serve as a use incidental to such principal use.
(5) The symbol “--” indicates a use is prohibited within the zoning district.
(b) Permitting Procedures. Permitting procedures for a conditional use permit and zoning administrator permit shall be as provided in Chapters 18.230 and 18.275, respectively.
|
Land Use |
2012 NAICS2 |
R-1 |
R-2 |
R-3 |
R-G |
Specific Use Regulations |
|---|---|---|---|---|---|---|
|
|
A6 |
A6 |
A3,6 |
A3,6 |
||
|
Accessory or ancillary use1 |
|
A |
A |
A |
A |
|
|
Agriculture1, except for the raising of animals or fowl for commercial purposes, or for sale of any products at retail on premises |
|
Z |
Z |
- |
- |
|
|
Ambulance service2 |
C |
C |
C |
C |
|
|
|
|
C |
C |
C |
C |
||
|
Civic and social organizations2, except those operated as a business for profit |
C |
C |
C |
C |
|
|
|
Club, community1, and other noncommercial recreation areas and facilities, such as country clubs and golf courses |
|
C |
C |
C |
C |
|
|
Continuing care retirement communities1 and residential care facilities for the elderly1 |
|
C |
C |
P |
P |
|
|
Day care homes, family1 (small and large) |
|
P |
P |
P |
P |
|
|
|
- |
P |
P/Z3 |
P/Z3 |
18.90.050(i) 18.90.070(c) |
|
|
Duplex or two-family dwelling1 |
|
P on corner lots |
P |
P/Z3 |
P/Z3 |
18.90.050(i) 18.90.070(c) |
|
|
Z |
Z |
- |
- |
||
|
|
C |
C |
C |
C |
|
|
|
|
P |
P |
P |
P |
||
|
|
A |
- |
- |
- |
||
|
|
A |
A |
A |
A |
||
|
|
A |
A |
A3 |
A3 |
||
|
|
- |
- |
C |
- |
||
|
|
P |
P |
P |
P |
||
|
Meal service facility1 accessory to a public or quasi-public use, except when located within a special flood hazard area1 |
|
C |
C |
C |
C |
|
|
Multiple dwellings, including attached or detached townhome style units, and apartment efficiency or single room occupancy units1 |
|
- |
- |
P |
P |
|
|
Nursing care facilities (skilled nursing facilities)2 |
- |
C with less than 15 patient beds |
C |
C |
||
|
Nursing homes or convalescent hospital, licensed1 |
|
- |
C with less than 15 patient beds |
C |
C |
|
|
Public or quasi-public use1 not including: corporation/contractor/fleet/service yards1 and warehouses1 or any use specifically listed in this table as a permitted, zoning administrator or prohibited use |
|
C |
C |
C |
C |
|
|
|
P |
P |
P |
P |
|
|
|
Rooming and boarding of not more than two persons per dwelling unit |
|
A |
A |
A |
A |
|
|
Rooming and boardinghouses1 |
|
- |
C5 |
C |
C |
|
|
|
P |
P |
P/Z3 |
P/Z3 |
||
|
|
- |
C with less than 15 patient beds |
Z |
Z |
||
|
16 |
P5 |
P5 |
P |
P |
||
|
Supportive services for on-site supportive housing1 |
|
A |
A |
A |
A |
|
|
Swimming pools, private (exclusively for use by residents and guests) |
|
A |
A |
A |
A |
|
|
|
P5 |
P5 |
P |
P |
|
|
|
Two-unit developments and/or urban lot splits |
|
P |
- |
- |
- |
|
|
Urban agriculture, high-impact1 |
|
Z |
Z |
Z |
Z |
|
|
Urban agriculture, low-impact1 |
|
P |
P |
P |
P |
|
|
Use determinations, land (See 18.250.030) |
|
P/Z/C |
P/Z/C |
P/Z/C |
P/Z/C |
|
1 Term is defined in Chapter 18.25.
2 Term is elaborated on in North American Industry Classification System (NAICS) Manual1.
3 Single-Family and Accessory Dwelling Units. See Section 18.90.050(i) or 18.90.070(c) for single- and two-family home requirements. See Section 18.190.005 for accessory dwelling units.
4 Uses allowed in the city’s neighborhood or office commercial districts can be permitted as long as the commercial use is located at the first story of a multifamily residential or live/work building three or more stories tall and located on an arterial or collector street.
5 Up to a maximum of six persons.
6 A ministerial design review permit may be required.
7 A home occupation permit is required in accordance with Section 18.190.240.
(Ord. 16-2015 § 36, 6-2-15; Ord. 17-2016 § 21, 9-13-16; Ord. 27-2016 § 19, 12-6-16; Ord. 01-2017 § 9, 1-3-17; Ord. 08-2017 § 6, 6-6-17; Ord. 23-2018 § 9, 10-2-18; Ord. 09-2020 § 8, 10-6-20; Ord. 05-2021 § 26, 4-20-21; Ord. 06-2023 § 5, 7-11-23; Ord. 07-2023 § 22, 12-5-23.)
[Notes Applicable to Chapter 18.90]
1 This term is defined in Chapter 18.25.