Chapter 17.32
RESIDENTIAL DISTRICTS, ALLOWED USES, AND DEVELOPMENT STANDARDS

Sections:

17.32.010    Purpose.

17.32.020    Intent of individual districts.

17.32.030    Uses allowed.

17.32.040    Development standards.

17.32.050    R-1 districts and substandard parcels.

17.32.060    Side and special setbacks for R-3 and R-4 districts.

17.32.070    Open space requirements.

17.32.080    Accessory uses.

17.32.090    Residential design guidelines.

17.32.010 Purpose.

The purpose of this chapter is to define allowable land uses and property development standards, including intensity of development, for the residential zoning districts in order to produce healthy, safe, and attractive neighborhoods in San Pablo, consistent with the policy direction in the San Pablo general plan. The intent of each of the residential zoning districts is described below. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.32.020 Intent of individual districts.

A.    R-1 District. The R-1 single-family residential district is intended to implement the single-family residential land use designation in the general plan by providing opportunities for single-family homes on individual parcels. The maximum density ordinarily allowable in this district is twelve dwelling units per acre. Accessory dwelling units and accessory uses are also allowed.

B.    R-2 District. The R-2 two-family residential district is intended to implement the medium-density multifamily residential land use designation in the general plan by providing opportunities for single-family and two-family homes (duplexes). The maximum density allowable in this district is eighteen dwelling units per acre. Accessory dwelling units and accessory uses are also allowed.

C.    R-3 District. The R-3 multifamily residential district is intended to implement the medium-density multifamily residential land use designation in the general plan by providing opportunities for residential development characterized by a mix of housing types, including townhouses, apartments, and condominiums. The maximum density allowable in this district is twenty-four dwelling units per acre. Accessory dwelling units and accessory uses are also allowed.

D.    R-4 District. The R-4 high-density multifamily residential district is intended to implement the high-density multifamily residential land use designation in the general plan by providing opportunities in select locations, such as near transit stops or neighborhood retail centers, for residential development characterized by a mix of housing types, including single-family homes, two-family homes, townhouses, apartments, and condominiums. The maximum density allowable in this district is forty-eight dwelling units per acre. Accessory dwelling units and accessory uses are also allowed.

E.    RMU District. The RMU residential mixed-use district is intended to implement the residential mixed-use land use designation in the general plan by providing opportunities for mixed-use development that includes residential, office, and retail uses. The maximum floor area ratio (FAR) is 1.5 and the maximum residential density (included within the overall FAR limits) is fifty units per gross acre. Accessory dwelling units and accessory uses are also allowed. (Ord. 2020-011 § 2, 2020; Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.32.030 Uses allowed.

A.    Matrix of Uses. Table 17.32-A—Residential Districts: Use Regulations contains the use regulations for the residential zoning districts, listed by class of uses as defined in Division VI, Glossary. The allowable uses in Table 17.32-A for each district are established by letter designations as follows:

1.    “R” designates classes of uses permitted by right.

2.    “A” designates classes of uses that require an administrative review pursuant to Section 17.18.020, Plan check/zoning clearance.

3.    “U” designates classes of uses permitted with a use permit pursuant to Section 17.20.040, Conditional use permit.

4.    “–” designates classes of uses that are prohibited.

5.    Any class of use not listed in Table 17.32-A is prohibited.

B.    Exceptions. Notwithstanding the provisions of Table 17.32-A, the following provisions apply:

1.    Railroad Lines. Any development within three hundred feet of a railroad line that is used at least once daily shall require a use permit to ensure that the development adequately mitigates noise and vibration from the rail operations, pursuant to the relevant policies and actions under the general plan.

2.    Streams. In the absence of any other permit requirement, any development, including land disturbance, that is within fifty feet of any stream shall require an administrative use permit to ensure that the development adequately avoids impacts to wetland features or woodlands, reduces impacts to the creek, and prevents degradation of riparian and wetland features from potential urban pollutants, pursuant to the relevant policies and actions related to creeks within the general plan.

3.    Specific Plans. Development on specific plan areas follow their provisions.

C.    Design Review. Certain uses also require design review. A list of those uses is contained in Section 17.18.090, Minor design review, and Section 17.20.030, Major design review.

D.    Principal Uses Only. Only principal uses are listed in Table 17.32-A—Residential Districts: Use Regulations. Accessory uses are addressed in Section 17.32.080, Accessory uses.

E.    Other Regulations. Some uses are also subject to other titles of the San Pablo Municipal Code. Those provisions are in addition to the provisions in this chapter.

F.    Special Provisions. Special provisions related to a use are referenced in the special provisions column of Table 17.32-A—Residential Districts: Use Regulations.

Table 17.32-A—Residential Districts: Use Regulations 

Land Use/Zoning District

R-1

R-2

R-3

R-4

RMU

Special Provisions

Residential Uses

Accessory Dwelling Units1

R

R

R

R

R

Section 17.60.070

Animal Keeping

R

R

R

R

R

Section 17.60.010

Assisted Living Facilities

–

–

U

U

U

Section 17.60.010

Boarding Houses

–

–

U

U

U

 

Community Care Facilities (7+)2

U

U

U

U

U

 

Day Care, Large Family3

R

R

R

R

R

 

Day Care, Small Family4

R

R

R

R

R

 

Dwellings, Multiple-Family5

–

–

R

R

R

Section 17.58.020

Dwellings, Single-Family Attached5

–

R

R

R

R

 

Dwellings, Single-Family Detached5

R

R

R

–

–

Section 17.32.050

Dwellings, Two-Family (Duplexes)5

–

R

R

–

–

Section 17.32.050

Emergency Shelter

–

–

–

–

R

Section 17.60.080

Home Occupations

R

R

R

R

R

Section 17.60.030

Live-Work Facility

–

–

–

–

U

Section 17.60.040

Mobile Home Parks

–

–

–

–

–

Section 17.60.060

Residential Care Facilities (≤6)

R

R

R

R

R

 

Single-Room Occupancy

–

–

–

–

R

Section 17.60.090

Supportive Housing

R

R

R

R

R

 

Transitional Housing

R

R

R

R

R

 

Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses

Cemeteries

U

U

U

–

–

 

Community Facilities

U

U

U

U

U

 

Community Gardens

A

A

A

A

A

 

Day Care Centers

U

U

U

U

U

 

Hospitals and Clinics

U

U

U

U

U

 

Public Services

U

U

U

U

U

 

Recreation, Amusements

–

–

–

–

–

 

Recreation, Indoor

–

–

–

–

U

 

Recreation, Major Arcades

–

–

–

–

–

 

Recreation, Minor Arcades

–

–

–

–

–

 

Recreation, Outdoor Passive

–

–

–

–

–

 

Recreation, Parks and Playgrounds

U

U

U

U

U

 

Religious Institutions

U

U

U

U

U

 

Schools, Private

–

–

–

–

–

 

Schools, Public

–

–

–

–

–

 

Utility, Transportation, Public Facility, and Communication Uses

Wireless Facilities

–

–

–

–

–

Sections 17.62.200 and 17.62.300

Utilities, Major

–

–

U

U

U

 

Utilities, Minor

U

U

U

U

U

 

Retail, Service, and Office Uses

Adult-Oriented Businesses

–

–

–

–

–

Section 17.62.010

Alcoholic Beverage Sales

–

–

–

–

U

Section 17.62.020

Animal Boarding

–

–

–

–

–

Section 17.60.010

Animal Care

–

–

–

–

A

Section 17.60.010

Bed and Breakfasts

U

U

R

R

R

 

Business and Professional Services

–

–

–

–

R

 

Cash for Gold Facilities

–

–

–

–

–

 

Cannabis, Commercial Facilities and Activities

–

–

–

–

–

Section 17.62.130

Cannabis, Delivery

–

–

–

–

–

Section 17.62.130

Cannabis, Limited Personal Cultivation

P

P

P

P

P

Section 17.62.130

Cannabis, Outdoor Cultivation

–

–

–

–

–

Section 17.62.130

Check Cashing Businesses

–

–

–

–

U

Section 17.62.050

Dance and Fitness Studios

–

–

–

–

A

 

Escort Services

–

–

–

–

–

 

Farmers Markets

–

–

–

–

U

 

Food and Beverage Sales, Convenience

–

–

–

–

R

 

Food and Beverage Sales, General

–

–

–

–

R

 

Funeral and Interment Services

–

–

–

–

R

 

Health Food Stores

–

–

R

R

R

Section 17.62.090

Hotels and Motels

–

–

U

U

U

 

Massage Establishments

–

–

–

–

U

Section 17.62.120

Medical Cannabis Facility

–

–

–

–

–

Section 17.62.130

Mobile Vending6

–

–

–

–

U

Section 17.62.140

Nurseries

–

–

–

–

R

 

Offices

–

–

–

–

R

 

Pawn Broker

–

–

–

–

–

 

Personal Services

–

–

–

–

R

 

Repair Services, General

–

–

–

–

–

 

Repair Services, Limited

–

–

–

–

U

 

Restaurants, Fast Service

–

–

–

–

U

 

Restaurants, General

–

–

–

–

R

 

Retail Sales, General

–

–

–

–

R

 

Retail Sales, Local

–

–

–

–

R

 

Retail Sales, Outdoor

–

–

–

–

U

 

Retail Sales, Regional

–

–

–

–

U

 

Secondhand Dealers

–

–

–

–

R

Section 17.62.170

Smoke Shops

–

–

–

–

U

Section 17.62.180

Tattoo Parlors

–

–

–

–

–

Section 17.62.190

Wholesaling

–

–

–

–

–

 

Automobile and Vehicle Uses

Automotive, Major Repair

–

–

–

–

–

Section 17.62.040

Automotive, Minor Repair

–

–

–

–

U

Section 17.62.040

Automotive, New Car Sales

–

–

–

–

–

 

Automotive, Parts Sales

–

–

–

–

U

 

Automotive, Gas Stations

–

–

–

–

U

 

Automotive, Used Car Sales

–

–

–

–

–

 

Automotive, Washing

–

–

–

–

–

 

Boat and RV Sales

–

–

–

–

–

 

Taxicab Companies

–

–

–

–

–

 

Truck Repair and Sales

–

–

–

–

–

 

Industrial, Manufacturing, and Processing Uses

Building Materials Yard

–

–

–

–

–

 

Industry, General

–

–

–

–

–

 

Industry, Limited

–

–

–

–

–

 

Junkyards

–

–

–

–

–

Section 17.62.110

Maintenance Yards

–

–

–

–

–

 

Recycling Services, Consumer

–

–

–

–

–

 

Recycling Services, Donation/Collection Boxes

–

–

–

–

U

Section 17.58.030

Recycling Services, General

–

–

–

–

–

 

Research and Development

–

–

–

–

–

 

Storage, Personal

–

–

–

–

–

 

Warehousing and Storage, Enclosed

–

–

–

–

–

 

Warehousing and Storage, Outdoors

–

–

–

–

–

 

Notes:

1.    Permitted in conjunction with existing and proposed single-family and multiple-family dwellings. Junior accessory dwelling units also allowed in existing and proposed single-family dwellings. See Section 17.60.070.

2.    Six or fewer persons does not require a use permit and is permitted by right.

3.    “Large-family day care” means a home that provides family day care for seven to fourteen children, including children under the age of ten who reside in the home, for periods of less than twenty-four hours per day (Health and Safety Code Section 1596.78).

4.    “Small-family day care” means a home that provides family day care for eight or fewer children, including children under the age of ten who reside in the home, for periods of less than twenty-four hours per day (Health and Safety Code Section 1596.78).

5.    In all cases, supportive housing and transitional housing are and shall be treated as residential uses, subject only to the permitting requirements that apply to residential uses of the same housing type location in the same zone.

6.    Unless the use is exempt, it requires a special event permit.

(Ord. 2020-011 § 3, 2020; Ord. 2020-002 § 6, 2020; Ord. 2017-005 § 2, 2017; Ord. 2017-003 § 2, 2017; Ord. 2017-002 § 2, 2017; Ord. 2016-001 § 2, 2016: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.32.040 Development standards.

A.    General. Table 17.32-B establishes property development standards for residential districts. Development standards for accessory dwelling units are contained within Section 17.60.070. Standards shown in the table are subject to the rules of measurement set forth in Chapter 17.46, Height and Yard Requirements.

Table 17.32-B—Residential Districts: Development Standards 

Land Use/Zoning District

R-1 (and Substandard Parcels in R-2, R-3, and R-4 Districts)1

R-2

R-3

R-4

RMU

Parcel Dimensions1

Parcel Area, min

 Interior Parcels

5,000 sf

7,000 sf

10,000 sf

10,000 sf

10,000 sf

 Corner Parcels

6,000 sf

7,000 sf

10,000 sf

10,000 sf

10,000 sf

Parcel Frontage, min

 Interior Parcels

50 feet

70 feet

100 feet

100 feet

100 feet

 Corner Parcels

60 feet

70 feet

100 feet

100 feet

100 feet

Coverage, Density, and Intensity

Parcel Coverage, max

45%2

50%

70%

75%

75%

Density, max3

12 du/ac

18 du/ac

24 du/ac

48 du/ac12

50 du/ac13

Floor Area Ratio (FAR), max

–

–

–

–

1.5

Setbacks4

Front, min

20 feet

20 feet

15 feet5

15 feet5, 7

05, 6, 7

Side, max

10 feet/20% of parcel width for both sides

–

25 feet/20% of parcel width for both sides

25 feet/20% of parcel width for both sides

25 feet/20% of parcel width for both sides

Side, min

 1st Story

4 feet per side

5 feet per side

–

–

0 feet; 10 feet when abutting a conforming residential use

 2nd Story

8 feet per side/18 feet total

5 feet per side

–

–

–

 1- to 2-Story Building

–

–

5 feet per side

5 feet per side

5 feet per side

 3-Story Building

–

–

8 feet per side

8 feet per side

8 feet per side

 4+ Story Building

–

–

12 feet per side

12 feet per side

12 feet per side7

 Single-Row Dwelling Access8

–

–

12 feet

12 feet

12 feet

Rear, min

15 feet

15 feet

15 feet

15 feet

0 feet; 10 feet when abutting a conforming residential use

Site Development Measurements

Height, max

 At Eave

20 feet

20 feet

40 feet11

60 feet9, 11

60 feet9, 11

 At Roof Peak

27 feet

27 feet

48 feet11

75 feet9, 11

50 feet

Stories, max

2

2

611

611

3

Building Separation, min

Building Code

Building Code

Building Code

Building Code

Building Code

Width of Driveways and Driveway Cuts at Curb

 Single Driveway

12 feet

n/a

n/a

n/a

10 feet

 Double Driveway

22 feet or 40% of the lot frontage, whichever is less

22 feet or 40% of the lot frontage, whichever is less

22 feet or 40% of the lot frontage, whichever is less

22 feet or 40% of the lot frontage, whichever is less

22 feet or 40% of the lot frontage, whichever is less

Width of Inner Court Providing Access to Double-Row Dwelling Group

–

–

22 feet

22 feet

22 feet

Required Open Space per Unit, min

–

350 sf

300 sf

300 sf

150 sf of publicly accessible and 60 sf of privately accessible

Accessory Structures14

 Height, max

12 feet

12 feet

12 feet

12 feet

12 feet

Notes:

1.    Parcels not meeting the minimum parcel area or parcel frontage requirements are subject to the provisions of Section 17.08.050, Nonconforming parking.

2.    Parcel coverage may be increased to fifty percent if two R-1 lots of five thousand square feet or less are consolidated.

3.    Maximum densities shown in this table may be increased pursuant to the state density bonus law for affordable housing and the city’s density bonus ordinance.

4.    Additional setbacks may be required for development adjacent to creeks or steep slopes to meet the requirements in Chapter 17.08, Nonconformities, and other applicable laws and to ensure safety of development from unstable soils.

5.    For residential mixed uses, there is no minimum setback, and maximum setback is twenty feet.

6.    Portions of the building facade that exceed twice the height of adjoining buildings shall be set back from the adjoining property line a minimum of ten feet.

7.    Twenty-foot setback is required if covered parking is located in the front of the building.

8.    Second story not allowed except by use permit.

9.    The planning commission shall determine if the placement of side yard windows would jeopardize the privacy of adjacent neighbors. The planning commission may impose greater setbacks or require other design features to protect privacy. The planning commission may also allow a minimum three-foot side yard at the second story if such setback would not jeopardize the privacy of adjacent neighbors. This reduced setback shall apply to one side of the dwelling only.

10.    Single-row dwelling groups with side yard access are discouraged and allowed only with a use permit.

11.    Within seventy-five feet of an R-1 or R-2 district, the height shall be limited to forty feet eave height, fifty feet roof peak height, and four stories.

12.    Average assumed general plan build-out: thirty du/ac with a range between twenty-five to sixty du/ac.

13.    Average assumed general plan build-out: fourteen du/ac in a mixed-use project. Consistent with GP—does not trip CEQA unless cumulative average (over time) exceeds average.

14.    Development standards for accessory dwelling units are contained within Section 17.60.070.

B.    Substandard Parcels. Parcels not meeting the minimum parcel area or parcel frontage requirements as shown in Table 17.32-B are subject to the provisions of Section 17.32.050, R-1 districts and substandard parcels.

C.    Measurement of Front and Side Yard Setbacks. For rules on the measurement of front and side yard setbacks, see Chapter 17.46, Height and Yard Requirements.

D.    Intrusions into Setbacks. For rules on allowable intrusions into setbacks, see Chapter 17.46, Height and Yard Requirements.

E.    Creation of New Lots. No new lots smaller than the minimum parcel areas shown on Table 17.32-B shall be created after the effective date of this chapter.

F.    Roofs. Flat roofs are prohibited for all buildings that are four stories or less in height.

G.    Main Entrances. The main entrance of all single-family and two-family residences shall face the street.

H.    Drainage. All roof and other drainage originating on a site shall be contained on that site until delivery to the storm drainage system.

I.    Stormwater Management. For rules on stormwater management, see Chapter 8.40. (Ord. 2020-011 § 4, 2020; Ord. 2020-002 § 7, 2020; Ord. 2017-002 § 3, 2017; Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.32.050 R-1 districts and substandard parcels.

A.    Applicability. This section shall apply to the R-1 district and to all parcels that do not meet the minimum parcel area or parcel frontage requirements set forth in Table 17.32-B.

B.    R-2 District. For parcels in the R-2 district that do not meet the minimum parcel area or parcel frontage requirements for that district, the parcels shall be subject to the use regulations, development standards, and other provisions applicable to the R-1 district.

C.    R-3 and R-4 Districts. For parcels in the R-3 or R-4 districts that do not meet the minimum parcel area or parcel frontage requirements for these districts, the following provisions shall apply:

1.    If the parcel meets the area and frontage requirements for the R-2 district, it shall be subject to the use regulations, development standards, and other provisions applicable to the R-2 district.

2.    If the parcel does not meet the area and frontage requirements for the R-2 district, it shall be subject to the use regulations, development standards, and other provisions applicable to the R-1 district.

D.    Side Setbacks. The side setbacks for residential uses subject to this section are set forth in Table 17.32-C.

E.    Front Yards. Within the R-1 district, a minimum of ninety percent of the front yard not occupied by the pedestrian walkway to the front door, driveway, and allowed intrusions shall be of a permeable surface not suitable for parking. No part of the front yard except the driveway leading to an approved parking space shall be used for parking.

F.    Intrusions into Setbacks. For rules on allowable intrusions into setbacks, see Chapter 17.46, Height and Yard Requirements..

Table 17.32-C—Setbacks for R-1 and Substandard Parcels1

Minimum Parcel Sizes and Parcel Widths2

Minimum Side Yard Setback for First Story

Minimum Side Yard Setback for Second Story

Size (sf)

Width (feet)

5,000 (6,000 for corner parcel)

50 (60 for corner parcel)

Total (both sides) of 20% of parcel width to maximum of 10 feet, with minimum of 4 feet on one side

Total (both sides) of 18 feet, with no side being less than 8 feet

3,700

37

3 feet each side

Total (both sides) of 14 feet, with no side being less than 6 feet

3,000

30

3 feet each side

Total (both sides) of 12 feet, with no side being less than 5 feet

2,500

25

3 feet each side

Second story not allowed except by use permit; if so allowed, no side setback shall be less than 3 feet3

Notes:

1.    Additional setbacks may be required for development adjacent to creeks or steep slopes to meet the requirements in Chapter 17.08, Nonconformities, and other applicable laws, and to ensure safety of development from unstable soils.

2.    Both parcel size and width must be met.

3.    The planning commission shall determine if the placement of side yard windows would jeopardize the privacy of adjacent neighbors. The planning commission may impose greater setbacks or require other design features to protect privacy. The planning commission may also allow a minimum three-foot side yard at the second story if such setback would not jeopardize the privacy of adjacent neighbors. This reduced setback shall apply to one side of the dwelling only.

(Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.32.060 Side and special setbacks for R-3 and R-4 districts.

A.    Applicability. The provisions of this section apply to the R-3 and R-4 districts.

B.    Side Yards. There shall be an aggregate side yard equal to twenty percent of parcel width up to a maximum aggregate side yard total of twenty-five feet, with the following minimums:

1.    One- and two-story buildings: a minimum of five feet on each side property line.

2.    Three-story buildings: a minimum of eight feet on each side property line.

3.    Four-story and higher: a minimum of twelve feet on each side property line.

4.    Single-row dwelling groups with side-yard access are discouraged and are allowed only with a use permit. Any such side yard, if approved, shall be a minimum of twelve feet wide.

5.    An inner court providing access to a double-row dwelling group shall be a minimum of twenty-two feet wide. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.32.070 Open space requirements.

A.    Amount. The following amount of common or private open space is required:

1.    R-2 District. Minimum of three hundred fifty square feet per unit.

2.    R-3 and R-4 Districts. Minimum of three hundred square feet per unit, except for parcels subject to Section 17.32.050, R-1 districts and substandard parcels.

B.    Minimum Dimensions. Required open space at ground level shall have a minimum dimension of ten feet in any direction. Decks with a height of thirty inches or less are considered to be ground-level open space.

C.    Location. Required open space shall be located behind the required front yard setback and shall not include paved areas utilized for vehicle parking. Balconies and ground-floor patios shall be located adjacent to indoor primary living space.

D.    Decks. Within the R-2 district, decks shall be counted as usable open space.

E.    Balconies. Within the R-3 and R-4 districts, balconies with a minimum dimension of six feet shall be counted as usable open space, and each square foot of balcony space may be credited as two square feet of usable open space.

F.    Private and Common Open Space. Within the R-3 and R-4 districts, a minimum of one hundred square feet of open space per unit at ground level and sixty square feet per unit for upper stories shall be designed as private open space. The remaining open space areas may be designated as common open space.

G.    Landscaping. Landscaping of all ground-level open space shall be required as set forth in Chapter 17.48, Landscaping. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.32.080 Accessory uses.

A.    General. Accessory uses normally incidental to the type of principal use located on the parcel are allowed, but any commercial use is not allowed except as may be authorized as a home occupation. In case of dispute, the zoning administrator shall determine if a use is an accessory or a principal use.

B.    Gardens. Private flower and vegetable gardens, greenhouses, and horticultural collections are allowed.

C.    Animals. The keeping of household pets is allowed, but not kennels, stables, or the commercial raising of animals.

D.    Home Occupations. Home occupations are allowed, provided they comply with the provisions of Section 17.60.030, Home occupations.

E.    Accessory Structures. See Chapter 17.42, Accessory Structures. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.32.090 Residential design guidelines.

Compliance with the residential design guidelines in Appendix A is not a mandatory requirement of the zoning ordinance. The guidelines may, however, be imposed as conditions of approval, provided the applicable review process allows for conditions to be imposed. Their primary purpose is to serve as a guide during the review, including design review, of a proposed development. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)