Chapter 17.12
R-4 DISTRICT DESIGN REGULATIONS1
Sections:
17.12.010 General Regulations Applicable.
17.12.020 Site Development and Building Standards.
17.12.030 Demolition and Rebuilding of Structures.
17.12.050 Preservation of Public Viewshed.
17.12.010 General Regulations Applicable.
All general regulations in Division I, General Regulations, are applicable to the R-4 district. All regulations not specifically reserved to the CC, SC, or RC districts in Chapter 17.14 CMC, Commercial Zoning Districts, shall apply to the R-4 district. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.12.020 Site Development and Building Standards.
A. Maximum Number of Stories. Buildings shall be no more than two stories.
B. Maximum base density: 33 units/acre. Each apartment unit, single-family dwelling, guesthouse, condominium unit, accessory unit and each commercial shop space shall be counted as a unit in determining the density of projects in the R-4 district.
C. Bonus Density. Additional housing units may be allowed upon approval of a density bonus up to a maximum of 44 units per acre. Required findings for approval of a density bonus are established in CMC 17.64.190. Any density bonus calculation resulting in fractional units shall be rounded up to the nearest whole unit.
D. Building Site Area.
1. Maximum: 20,000 square feet.
2. Minimum: 4,000 square feet.
3. Rental Units. Sites of 4,000 square feet or less in area may be developed with apartments, condominiums, or a combination of both. On sites that are greater than 4,000 square feet or more in size, at least 50 percent of all residential units on the site shall be provided as rental apartment units.
E. Distance Between Buildings. Buildings shall not be less than six feet from any other buildings on the same site.
F. Parking. All projects shall provide the minimum amount of parking required in Chapter 17.38 CMC, Off-Street Parking Requirements, and meet all of the requirements of that chapter and the following supplemental requirements.
1. Required parking for dwelling units must be provided on-site and the payment of fees in lieu of parking shall not be applicable to dwelling units in this zone.
2. Underground parking provided in a basement/garage shall not be considered a story if the finished floor elevation above such basement/garage is not more than five feet above the official grade of the sidewalk in front of the structure, or structures as may face on a public street, way, place, or park.
3. Parking on every site shall be for the sole use of tenants or subtenants of the dwelling units on each site and shall not be let, sublet, rented out, leased or hired out to any persons, corporations or companies not occupying a dwelling unit and any parking provided in excess of those required by this title shall be for the occasional use of tenant or subtenant guests only. Parking for commercial sites shall be for the exclusive use of owners, employees and customers of commercial uses on each site.
4. No parking spaces shall be constructed, used or maintained within the required front yard setback lines or side yards facing a street.
5. Surface parking on sites exceeding 6,000 square feet in area and all underground parking facilities shall provide a means on the site to allow vehicles to turn around so as to prevent a vehicle from backing onto a public street.
6. Driveways shall not exceed 14 feet in width and the driveway grade shall conform to all provisions of CMC 17.14.210, Parking Design.
G. Landscaping. A landscaping plan shall be prepared for all new development, and substantial alteration of existing development, in the R-4 district in accord with Chapter 17.34 CMC, Landscaping.
H. Outdoor Antennas. Except as provided in Chapter 17.46 CMC, Telecommunications and Wireless Facilities, antennas used by Federal Communications Commission licensed ham operators or operators certified by RACES or ARES, both of which are excluded from the application of these provisions, erected in the R-4 land use district shall be subject to the following standards:
1. No antenna or its supporting structure shall be located in the area between the front property line and the portion of the main structure or building located closest to the front property line.
2. No antenna shall be roof-mounted except on a flat portion of the roof structure with parapets, and/or architecturally matching screening plan.
3. All ground-mounted antennas shall be camouflaged by walls, antenna color, fences, or landscaping. Landscaping shall be of a type and variety capable of growth within one year to a landscape screen that obscures the visibility of the antenna. The landscaping plan shall be approved by the City Forester before it is implemented.
4. No antenna shall be erected within the public viewshed as identified in CMC 17.12.050, Preservation of Public Viewshed.
5. No part of any antenna shall be higher than 24 feet. (Ord. 2023-06 § 3, 2023; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.12.030 Demolition and Rebuilding of Structures.
A. Residential Structures. Demolition of structures shall be regulated in conformance with Chapter 17.30 CMC, Demolition of Buildings. Existing residential land uses, lawfully established prior to the effective date of the ordinance codified in this chapter, March 7, 1990, having a greater density of dwelling units than allowed by the standards for this district may be replaced or reconstructed at the same density upon approval of a design that complies with all current design standards applicable to the R-4 district.
B. Commercial Structures. No increase in commercial floor area shall be allowed on any site. Existing commercial structures containing conforming uses may be replaced by new commercial structures as long as the proposed buildings comply with all R-4 development standards and the findings found in CMC 17.64.100, Increase in Commercial Floor Area, Commercial Spaces or Business.
With the exception of motel uses which may include guest rooms at both the first and second stories, all commercial uses within such newly constructed buildings shall be limited to the first floor level, at or near street grade. Lawfully established motel uses in the R-4 district shall be considered conforming upon approval of a use permit and may be remodeled or rebuilt in conformance with their authorized number of guest rooms as long as all design and parking requirements of the R-4 district are met. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.12.040 Design Regulations.
For general design regulations applicable to the R-4 district see regulations applicable to the RC district in Chapter 17.14 CMC, Commercial Zoning Districts.
A. Architectural Variety. For developments greater than 4,000 square feet in site area the design shall reflect variety in architectural treatment and housing size. Larger sites shall coordinate the arrangement of open spaces, landscaping and buildings on the site and on adjacent sites to create a pleasant living environment with open spaces that are usable by the residents for active or passive recreational purposes and aesthetic enjoyment.
B. Additional Design Regulations. See standards applicable to RC district in Chapter 17.14 CMC, Commercial Zoning Districts.
C. Design Review Required. See Chapter 17.58 CMC, Design Review. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.12.050 Preservation of Public Viewshed.
The significant coastal view across Block 37, Lots 3, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 21, 22, and 24 within this district shall be preserved for public benefit. All site improvements or buildings approved within the R-4 district shall be studied by the Planning Commission for their effect on this viewshed. Existing views from the intersection of Torres Street and Third Avenue and from Lots 3, 5, and 7 in Block 37 zoned as district P-Z and shown on the following illustration (Figure II-7) shall be preserved. No structure shall be approved for construction and no vegetation shall be planted or maintained within the viewshed at a height that exceeds the 350-foot contour elevation as referenced on the topographic survey dated June 1983 by Clayton B. Neill Jr. (W.O. #6415).
Figure II-7: Public Viewshed
(Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
Prior legislation: Ords. 90-2, 91-9, 92-23, 95-8, 97-6 and 2001-09.