Division 2.
Zoning Districts and Allowable Land Uses

SECTION 25.20
RESIDENTIAL ZONING DISTRICTS

Sections:

25.20.1    Description of Residential Zoning Districts

25.20.2    Allowed Uses and Permit Requirements

25.20.3    Development Regulations

25.20.3.1    General Development Regulations

25.20.3.2    Small Lot Single Family Development Regulations

25.20.3.3    Alternative Multifamily Development Regulations

25.20.4    Specific Regulations

25.20.4.1    Accessory Structures and Room Additions

25.20.4.2    Common Area Uses and Facilities

25.20.4.3    Garage Conversion

25.20.4.4    Garage Sales

25.20.4.5    Home Occupations

25.20.4.6    Mobile Homes

25.20.4.7    Mobile Home Parks

25.20.4.8    Multifamily Development

25.20.4.9    Non-Residential Development

25.20.4.10    Residential Occupancy - Overcrowding Prohibited

25.20.4.11    Second Dwelling Units

25.20.4.12    Subdivision Model Homes, Trailers, and Sales Offices

25.20.1 Description of Residential Zoning Districts

This Section provides land use and development regulations applicable to the residential zoning districts established by Section 25.12.2 (Zoning Districts Established). Where a minimum lot size is required, a numerical suffix to the zoning district designation is shown on the Zoning District Map, e.g., RVL: 20 (20,000 square feet), RL:8 (8,000 square feet), or RLM: 4.5 (4,500 square feet).

The purposes of the individual residential zoning districts are as follows:

A.    RVL (Residential, Very Low Density) District. The RVL zoning district is intended for areas of single-family detached homes on large lots. The RVL district typically serves as a transition between urban development and agricultural or open space areas. The district may also be applied to land within hillside areas. Minimum lot sizes range from 15,000 square feet to 40,000 square feet (RVL:15, RVL:20, and RVL:40). The maximum density is 2.5 dwelling units per gross developable acre.

B.    RL (Residential, Low Density) District. The RL zoning district is intended for areas of single family detached homes on minimum lot sizes of 8,000 and 10,000 square feet (RL:8, RL:10). The allowable density range is 2.5 to 4.5 dwelling units per gross developable acre.

C.    RLM (Residential, Low Medium Density) District. The RLM zoning district is intended for single family neighborhoods with minimum lot sizes of 4,500, to 6,000 square feet (RLM:4.5, RLM:5, and RLM:6). Where no minimum lot size suffix is provided, more compact and innovative design is allowed by Section 25.20.3.2 (Small Lot Single Family Development Regulations). The allowable density in this district is 4.5 to 8 dwelling units per gross developable acre.

D.    RM (Residential, Medium Density) District. The RM zoning district is intended for areas of low density attached housing, such as duet, duplex, triplex, and four-plex units, townhouses, and condominiums. The RM district also accommodates innovative small-lot single-family dwellings and various forms of attached units consistent with Section 25.20.3.3 (Alternative Multifamily Development Regulations). The allowable density range is 8 to 15 dwelling units per gross developable acre. Note that medium density neighborhoods in the Heart of Fairfield Plan Area have been zoned HR and are regulated in Section 25.23.

E.    RH (Residential, High Density) District. The RH zoning district is intended for multifamily development such as apartments and condominiums. RH zoned properties are located along major collector and arterial roads, adjacent to neighborhood-serving land uses such as grocery stores, and near employment centers. The allowable density range is 15 to 22 dwelling units per gross developable acre.

F.    RVH (Residential, Very High Density) District. The RVH zoning district is intended for very high-density multifamily development. The primary land uses include apartments, condominium, and senior housing projects. To achieve the density range, three and four story structures would be typical. RVH districts are typically located near transit stations or employment centers. Note that very high density areas in the Heart of Fairfield Plan Area have been zoned HTD and are regulated under Section 25.23 of this Ordinance. Few properties in the City are zoned RVH, so allowed non-residential uses are restricted to preserve sites for multifamily housing. The allowable density range is 22 to 32 dwelling units per gross developable acre, with higher densities allowed in the HTD zoning district. (Ord. No. 2017-14, § 6.)

25.20.2 Allowed Uses and Permit Requirements

A.    Permitted land uses. The land uses allowed by this Zoning Ordinance in residential zoning districts are identified in the following tables as:

1.    “Permitted” land uses are indicated by a “P” on Table 25-1. Permitted land uses are allowed on a property without discretion by the City, subject to compliance with all applicable provisions of this Ordinance.

2.    “Conditionally Permitted” land uses are indicated by a “C” on the tables and are allowed only with the approval of a Conditional Use Permit (Section 25.40.6). These uses are subject to all applicable provisions of this Ordinance as are permitted uses. However, the City has discretion to approve, approve with conditions, or deny a Conditional Use Permit application. The decision on a Conditional Use Permit is based upon the circumstances of an individual case and the criteria in Section 25.40.6.

B.    Uses not permitted or not listed. Land uses not permitted are those indicated by a “-” on the table. Land uses not listed on the tables are not allowed, except as provided in Section 25.10.6 (Exemptions from Zoning Ordinance Requirements).

C.    Regulations for specific uses. Where the right column in the following tables (“Additional Regulations”) includes a reference to a section number or footnote, the regulations in the referenced section or footnote apply to the use. However, provisions in other sections of this Zoning Ordinance or City Code may also apply.

D.    Ancillary Uses. Ancillary uses are those secondary activities associated with a primary land use directly associated with and supporting said primary permitted or conditionally permitted land use. Ancillary uses and activities typically require a minor portion of the square footage or space in a business premise; impose no additional impacts on land use patterns, building design, parking requirements, or outdoor storage. Examples of ancillary uses for residential zoning districts include, but are not limited to, onsite childcare facilities, and educational programs located within the common area, community room, recreational center etc. A use which occurs in a separate building or which occupies an entire residential unit is not typically considered an ancillary use.

 

 

 

 

P

Permitted use

Table 25-1: Residential District Land Use Regulations

C

Conditional Use Permit required

 

 

 

 

-

Not permitted

 

Zoning District

Additional

Regulations

Uses

RVL

RL

RLM

RM

RH

RVH

 

Residential Land Uses

Boarding houses

-

-

-

-

C

C

 

Community care facilities - Residential

P

P

P

P

P

P

Note 1

Assisted Living Facility

-

C

C

P

P

P

 

Duplex

-

C

P

P

P

-

 

Duet

 

C

P

P

P

-

 

Dwelling, multifamily (townhouses, condos, apartments)

-

-

C

P

P

P

§25.20.4.8

Dwellings, single family detached

P

P

P

C

C

-

Note 6

Mobile home parks

C

C

C

C

C

C

§25.20.4.7

 

Residential Accessory Uses and Improvements

Accessory structures and improvements

P

P

P

P

P

P

§25.20.4.1, Note 2

Animal, fowl and bee keeping (non-commercial)

P

P

P

P

P

P

Note 3, Ch. 3

Family day care homes:

    Small (8 or fewer children)

P

P

P

P

P

P

Note 4

    Large (9 to 14 children)

P

P

P

C

C

C

Note 4

Garage conversions

See Section 25.20.4.3

 

Garage and estate sales

P

P

P

P

P

P

§25.20.4.4

Home occupations

P

P

P

P

P

P

§25.20.4.5

Second dwelling units

P

P

P

P

-

-

§25.20.4.11

Subdivision model homes

P

P

P

P

P

P

§25.20.4.12

Subdivision sales trailers, temporary on-site

P

P

P

P

P

P

§25.20.4.12

 

Education and Training Uses (non-residential land uses)

Child day care center

C

C

C

P

P

P

§25.20.4.9

Adult day care - small (9 or fewer clients)

P

P

P

P

P

P

Note 1, §25.20.4.9

Adult day care - large (10 or more clients)

C

C

C

P

P

P

Note 1, §25.20.4.9

Museum, library, or gallery

C

C

C

P

P

-

§25.20.4.9

School - Personal and Social Development

-

-

-

C

C

C

§25.20.4.9

School - college and university

C

C

C

C

C

-

§25.20.4.9

School - elementary and secondary (private)

C

C

C

C

C

-

§25.20.4.9

School - elementary and secondary (public)

P

P

P

P

P

P

Note 5, §25.20.4.9

 

General and Health Services (non-residential land uses)

Mini-storage

-

-

-

C

C

-

§25.20.4.9

Nursing home

C

C

C

P

P

-

§25.20.4.9

 

Offices (non-residential land uses)

Office, Administrative, business, and professional

-

-

-

C

C

-

§25.20.4.9

Office, Government

P

P

P

P

P

P

Note 5, §25.20.4.9

Office, Medical and dental

-

-

-

C

C

-

§25.20.4.9

Office, Property management

P

P

P

P

P

P

§25.20.4.9

 

Public, Quasi-public, and Assembly Uses (non-residential land uses)

Church or other place of worship

P

P

P

P

P

-

§25.20.4.9, Table 25-17

Community center

C

C

C

C

C

-

§25.20.4.9

Park, playground

P

P

P

P

P

-

 

Public safety facility

P

P

P

P

P

P

Note 5

Utilities, Public or Quasi-public - major

C

C

C

C

C

C

Note 5

Utilities, Public or Quasi-public - minor

P

P

P

P

P

P

Note 5

 

Temporary and Other Uses

Agriculture, extensive

P

P

P

P

P

P

 

Temporary uses and events

See Section 25.32.8

 

 

Transportation and Communication Uses (non-residential land uses)

Antenna or communication facility (non-residential)

C

C

C

C

C

C

§25.20.4.9

Parking facility, non-residential

-

-

C

C

C

-

§25.20.4.9

 

Notes:

(1)    No licensed community care facility shall be located within 300 feet of any other community care facility.

(2)    Includes any accessory use or improvement that is customarily incidental to a single family residence such as detached garages, gazebos, sheds, animal enclosures, cabanas, carports, greenhouses, spas, studios, tennis courts, workshops, and other similar structures.

(3)    See Chapter 3 of City Code for types and number of permitted animals.

(4)    A Conditional Use Permit shall only be required for large day care homes proposed in residential buildings consisting of three or more units.

(5)    City regulations, standards, and design guidelines shall apply to public and quasi-public utility facilities only to the extent that the City is not preempted by Federal and State law and the State Public Utilities Commission.

(6)    Single Family Detached Housing is permitted in the RH Zoning District only in conjunction with attached housing.

(7)    Transitional and supportive housing are not regulated as a separate land use. Rather, it is a means of occupying a residential land use (e.g. single family detached housing, duplex, multifamily) and such occupancy must meet all existing standard requirements for the underlying residential land use and the residential unit. Determinations regarding the permissiveness of transitional housing will depend on the number of independent arrangements between tenants and the operator of the service. For example, more than two independent arrangements within a single housing unit will be regulated as a boarding house.

(Ord. No. 2008-08, § 2; Ord. No. 2009-06, § 2; Ord. No. 2009-15, § 2; Ord. No. 2012-04, § 2; Ord. No. 2015-05, §§ 2, 3; Ord. No. 2016-08, § 2; Ord. No. 2017-14, § 7.)

25.20.3 Development Regulations

25.20.3.1 General Development Regulations

A.    Applicability. All subdivisions, development, new land uses, and alterations to existing land uses, structures, and site improvements, shall be designed, constructed, and/or established in compliance with the regulations in the following tables, except the activities and land uses specified in Section 25.10.6 (Exemptions from Zoning Ordinance Requirements).

B.    Requirements for single-family units in the RLM district. The design and development of single family dwellings within the RLM zoning district shall comply with the requirements of:

1.    Table 25-3 in areas where the Zoning Map applies a maximum density suffix to the RLM district; or

2.    Table 25-5 in areas where the Zoning Map does not apply a maximum density suffix to the RLM district.

C.    Maximum residential density. Residential development shall occur within the applicable density range allowed by the General Plan. The number of units allowed within a project shall be determined by the review authority based on the facts of the individual case during the review and approval process as follows:

1.    Environmental and site design constraints and other factors not reflected or considered by the General Plan Land Use Diagram and Zoning Map may reduce the actual number of units permitted; and

2.    Where land is required to be preserved, the City may permit clustering of units on a portion of the site to achieve the allowed density for the overall site. Also, certain sections of this Zoning Ordinance provide regulations that modify the General Plan and/or Zoning Ordinance density regulations. These include Section 25.38 (Density Bonus), Section 25.20.3.3 (Alternative Multifamily Regulations), Section 25.20.4.7 (Mobile Home Parks), and Section 25.20.4.11 (Second Dwelling Units).

D.    Additional regulations. Additional Zoning Ordinance regulations may apply within the residential zoning districts as referenced in the tables, as may other City Code regulations, City Standards, Specifications and Details, and/or the regulations of another local agency, special district, state or federal agency. (Ord. No. 2017-08, § 2.)

25.20.3.2 Small Lot Single Family Development Regulations

This Section is intended to encourage innovative, compact and affordable single-family housing developments, including both attached and detached dwelling units.

A.    Applicability. Proposed single-family residential projects within the RLM zoning district shall comply with the requirements of Table 25-4 in areas where the Zoning Map does not apply a maximum density suffix (e.g., RLM). All proposed single-family residential projects within the RM zoning district shall comply with the requirements of Table 25-5.

B.    Permit requirements. Attached single-family dwelling units are permitted uses within the RM district, while detached units require Conditional Use Permit approval. The conditional use permit requirement is intended to ensure that the development of single-family detached homes is developed in compliance with the affordability requirements identified by the General Plan. Multifamily development within the RM, RH, or RVH zoning districts is allowed subject to the applicable regulations in Table 25-4 or 25-6.

C.    Maximum residential density and minimum lot area. Proposed single-family residential development shall not exceed the maximum density specified in Table 25-5: RLM and RM Small Lot Development Regulations. Figure 25-1: Examples of Acceptable Small Lot Development provides examples of small lot development patterns that have been found acceptable by the Planning Commission. Prior to, or concurrent with, the submittal of a tentative map or parcel map for a subdivision to be created under these regulations, the applicant shall submit applications for a community design plan and the project architecture. Within the confines of the lot size and building setback regulations, creativity and architectural excellence is required.

 

Table 25-2: RVL and RL District Development Regulations 

Regulations

Zoning District

Applicable

Sections and Footnotes

(all figures are minimums measured from property lines and in linear feet, unless otherwise indicated)

RVL:40

RVL:20

RVL:15

RL:10

Site Planning

Density Range (maximum units per gross developable acre)

up to 1

up to 1.75

up to 2.5

2.5 to 3

 

Lot Area (square feet)

 

 

    Minimum

40,000

20,000

15,000

10,000

 

    Average for new subdivision (15% above min. lot area)

40,000

23,000

17,250

11,500

Note 1

Lot Dimensions (feet)

 

Note 2

    Width:

 

Note 3

    ... interior lot

120

100

90

80

 

    ... corner lot

130

110

100

85

 

    Depth

150

130

120

110

Notes 4

Parking

 

Section 25.34

    On-site spaces per dwelling, covered

2

Note 5

    Off-site spaces per dwelling

1

Note 6

Landscaping

 

 

    Street trees (one tree for each ...)

35 feet of street frontage

30 feet of street frontage

Note 7

    Front yard landscaping installed by developer

Not required

 

Buildings

Dwelling Unit Size (square feet)

960

 

Maximum Floor Area Ratio

0.5

0.5

0.5

0.5

 

Setbacks (feet)

 

Note 2

    Front:

 

Notes 8, 9, 10

    ... to habitable portion of bldg. or side entry garage

30

25

20

20

 

    ... to garage opening directly toward street

35

30

25

25

 

    Street side yard

30

20

20

15

Notes 2, 10, 11

    Interior side yard:

 

 

    ... minimum one side

15

10

10

10

 

    ... total for both sides

40

30

20

20

 

    Rear

40

30

25

25

Note 2, 12

Building Height Limits (maximum)

 

Note 13

    Main dwelling

35

 

    Accessory Structures

See Section 25.20.4.1

Note 12

Notes:

(1)    This regulation shall apply only to subdivisions of 20 or more lots.

(2)    Lot dimension and setback regulations shall be measured from the outer boundary of any common area or public landscape easement (e.g., rear fence line) on corner lots and lots backing onto a roadway.

(3)    Minimum lot width is measured 25 feet from front property line or at minimum required front yard setback for garage, whichever is greater (see Section 25.51, Measurements).

(4)    Lot depth may be reduced by four feet for lots with separated sidewalk at front property line to accommodate wider right-of-way.

(5)    Tandem parking allowed as required parking in a two-car garage (i.e., single-wide garage door providing access for two spaces).

(6)    Off-site parking spaces shall be provided within 200 feet of each lot.

(7)    All street-trees shall be located within eight feet of back of sidewalk.

(8)    Front setbacks may be reduced by two feet for lots with separated sidewalk at front property line provided the distance between the front property line and garage door is 18 feet or greater for homes with garages open directly toward street.

(9)    Front setbacks shall be increased by five feet for lots that front on an arterial roadway.

(10)    Within the Hillside Overlay District, the setbacks of the RLM 4.5 zoning district may be used, as determined necessary by the City, to comply with the Hillside Management Guidelines.

(11)    For lots with the garage facing the street side-yard, the minimum distance between the street-side property line and garage door shall be 18 feet or greater.

(12)    A garage opening directly to an alley shall either have a minimum 18-foot setback or maximum three-foot setback.

(13)    Increased height is allowed with approval of a Conditional Use Permit (see Section 25.40.6).

(14)    Calculate Floor Area Ratio by dividing total square footage of all floors, including attached garage, by total lot area.

(15)    Applies only to custom homes.

 

Table 25-3: RL and RLM District Development Regulations (cont.)

Regulations

Zoning District

Applicable

Sections and Footnotes

(all figures are minimums measured from property lines and in linear feet, unless otherwise indicated)

RL:8

RLM:6

RLM:5

RLM:4.5

Site Planning

Density Range (maximum units per gross developable acre)

2.5 to 4.5

4.5 to 5

4.5 to 6

4.5 to 7

 

Lot Area (square feet)

 

 

 

 

 

    Minimum

8,000

6,000

5,000

4,500

 

    Average for new subdivision (approx. 15% above min. lot area)

9,200

6,900

5,800

5,200

Note 1

Lot Dimensions (feet)

 

Note 2

    Width:

 

Note 3

    ... interior lot

70

60

50

45

 

    ... corner lot

75

65

55

50

 

    Depth

100

100

100

100

Note 4

Parking

 

Section 25.34

    On-site spaces per dwelling (covered/uncovered)

2/0

2/0

1/1

1/1

Notes 5, 6, 7

    Off-site spaces per dwelling

1

1

1

1

Note 8

Landscaping

 

 

    Street trees (one tree for each ...)

25 feet of street frontage

Note 9

    Front yard landscaping installed by developer

Not required

Required

Required

 

Buildings

Dwelling Unit Size (square feet)

960

 

Maximum Floor Area Ratio

0.5

0.5

0.5

0.5

Notes 17 and 18

Setbacks (feet)

 

Note 3

    Front:

 

Notes 10, 11

    ... to unenclosed porch

10

10

10

10

 

    ... to habitable portion of bldg. or side entry garage

15

15

15

15

Note 12

    ... to garage opening directly toward street

18

18

18

18

Note 15

    Street side yard

15

10

10

10

Notes 2, 13

    Interior side yard:

 

 

 

 

 

    ... minimum one side

5

5

5

5

Note 14

    ... total for both sides

15

15

10

10

 

    Rear

20

20

20

15

Note 2, 15

Building Height Limits (maximum)

 

Note 16

    Main dwelling

35

 

    Accessory structures

See Section 25.20.4.1

Note 15

Notes:

(1)    This regulation shall apply only to subdivisions of 20 or more lots.

(2)    Lot dimension and setback regulations shall be measured from the outer boundary of any common area or public landscape easement (e.g., rear fence line) on corner lots and lots backing onto a roadway.

(3)    Minimum lot width is measured 25 feet from front property line or at minimum required front yard setback for garage, whichever is greater (see Section 25.51, Measurements).

(4)    Lot depth may be reduced by four feet for lots with separated sidewalk at front property line to accommodate wider right-of-way.

(5)    Tandem parking is allowed as required parking in a two-car garage (i.e., single-wide garage door providing access for two spaces).

(6)    An additional covered space or off-site parking space may be substituted for required uncovered spaces.

(7)    In the RLM Districts, three-car garages opening directly to a street shall not occur on lots less than 55 feet in width. Exempt from this regulation are side entry garages or where the third space is tandem (e.g., two-car door).

(8)    Off-site parking spaces for shall be provided within 200 feet of each lot.

(9)    All street-trees shall be located within eight feet of back of sidewalk.

(10)    Front setbacks may be reduced by two feet for lots with separated sidewalk at front property line provided the distance between the front property line and garage door is 18 feet or greater for homes with garages open directly toward street.

(11)    Front setbacks shall be increased by five feet for lots that front on an arterial roadway.

(12)    For lots with the garage facing the street side-yard, the minimum distance between the street-side property line and garage door shall be 18 feet or greater.

(13)    Within the Hillside Overlay District, front and street side yard setbacks of the RLM 4.5 zoning district may be used, as determined necessary by the City, to comply with the Hillside Management Guidelines.

(14)    The minimum interior side yard setback shall be reduced to zero feet for projects with attached homes.

(15)    A garage opening directly to an alley shall either have a minimum 18-foot setback or maximum three-foot setback.

(16)    Increased height is allowed with approval of a Conditional Use Permit, see Section 25.40.6.

(17)    Calculate Floor Area Ratio by dividing total square footage of all floors, including attached garage, by total lot area.

(18)    Applies only to custom homes.

Table 25-4: Multifamily Residential Development Regulations 

Regulations

Zoning District

Applicable

Sections and Footnotes

(all figures are minimums measured from property line and in linear feet, unless otherwise indicated)

RLM

RM

RH

RVH

Site Planning

Density range (maximum dwelling units per acre)

up to 8

8-15

15-22

22-32

 

Lot dimensions (minimum for new subdivision)

 

 

    Area (acres)

1

3

3

3

Section 25.10.5 (F)

    Width/depth (feet)

150/150

200/200

200/200

200/200

 

Parking

 

Note 1

    Studio/efficiency

1 space per unit

 

    One bedroom

1.5 spaces per unit

 

    Two or more bedrooms

2 spaces per unit

 

    Visitor

Rental Projects: 1 space for each seven units

 

    

Ownership Units: 1 space for each four units

 

    Car wash area

Required

 

Landscaping

 

Section 25.20.4.8 (C)

    Street trees (one tree for each ...)

25 feet of street frontage

Note 2

    Tree density, on-site (number per sq. ft. of landscape area)

1 tree for each 325 square feet of landscape area

Note 3

    Minimum depth of interior property line landscaping (feet)

5

Note 4

Recreation amenities

 

Section 25.20.4.8 (B)

    Major (e.g., pool, recreation building, tennis court, etc.)

Requirements based on number of
dwellings in project

    Minor (tot lot, BBQ/picnic area, volleyball court, etc.)

Open space

 

Section 25.20.4.8 (A)

    Private open space per unit, sq. ft. (ground floor/upper story unit)

120/60

80/48

Note 5

    Common open space (percent of net parcel area)

50%

45%

40%

35%

 

Laundry facilities

Private or common facilities required

 

Storage space (private, exterior area per unit)

100 cubic feet

 

Trash enclosures for garage and recyclable materials

Required

Section 25.30.7

Buildings

Building Separation and Special Setbacks (feet)

 

 

    Between any two buildings

10

 

    Front to front

20 feet between buildings

 

    Front to rear

20 feet between buildings

 

Setbacks

 

 

    From any property line abutting a road

 

 

    ... to habitable portion of building

20 feet average, 15 feet minimum

 

    ... to parking or drive aisle (including carport or garage)

15 feet average, 10 feet minimum

 

    From any interior property line

 

 

    ... to habitable building

15 feet

Note 6

    ... to accessory structure, building or parking

5

Note 7

Building Height Limits

 

Note 8

    Principal structure and additions

35

35

45

45

 

    Accessory structures

16

 

Notes:

(1)    Minimum of one parking space shall be covered per unit. All parking spaces shall be located within convenient walking distance to each dwelling to which they are assigned

(2)    All street-trees shall be located within eight feet of back of sidewalk.

(3)    Minimum seven percent of required trees shall be box species

(4)    Interior property line landscaping shall be increased by five feet when abutting single family residential zone or use

(5)    Minimum dimension for required open space/yard area shall be 20'x35', see Section 25.20.4.8(A).

(6)    Interior setback shall be increased by 10 feet when abutting single family residential zone or use

(7)    Interior setback shall be increased by five feet when abutting single family residential zone or use

(8)    Increased height is allowed with approval of a Conditional Use Permit, see Section 25.40.6.

Figure 25-1: Example of Acceptable Small Lot Development

Figure 25-1: Example of Acceptable Small Lot Development (continued)

 

Table 25-5: RLM, RM and RH Small Lot Development Regulations 

Regulations

 

Applicable
Sections and Footnotes

(all figures are minimums measured from property line and in linear feet, unless otherwise indicated)

RLM, RM and RH Zoning Districts

Site Planning

Maximum Density (dwelling units per acre)

4.5 to 8 du/ac in RLM

8 to 15 du/ac in RM

15 to 22 du/ac in RH

 

Lot Area (square feet)

 

 

    Attached homes

No minimum

 

    Detached homes

No minimum

 

Lot Dimensions (Detached Housing Units)

 

 

    Width:

 

 

    ... interior lot

30

 

    ... corner lot

35

 

    Depth

No minimum

 

Parking

 

 

    On-site spaces per dwelling

1 covered, 1 uncovered

Notes 1, 2

    Off-site spaces per dwelling

1 uncovered

Note 3

Landscaping

 

 

    Street trees (one tree for each ...)

25 feet of street frontage

Note 4

    Front yard landscaping installed by developer

Required

 

Residential Waste Toter Pickup and Storage

12 linear feet per unit on street or shared receptacle (dumpster or bin)

 

Open Space

 

 

    Private open space per unit

450 square feet

Note 5

    Common open space (percent of net project area)

Five percent of net project area

Note 6

Buildings

Dwelling unit size

960 square feet

 

Lot Coverage (maximum)

50% in RLM, 60% in RM

 

Setbacks to habitable structures or unenclosed porch

 

 

(not including garage)

 

 

    Front or street side-yard:

 

 

    ... if front of house faces a monolithic sidewalk

10'

 

    ... if front of house faces a separated sidewalk

5'

 

    ... if front of house faces a private courtyard

5'

 

    Interior side yard and rear yard

Either 0', 4', or as necessary to provide private open space

Notes 7, 8

Setbacks to garages

 

 

    ... if garage faces any street

18'

Note 9

    ... if garage faces interior side yard

15'

 

    ... if garage faces any alley or courtyard

5' exactly

 

Building Height Limits (maximum)

 

Note 10

    Main dwelling

35'

 

    Accessory Structures

See Section 25.20.4.1

Note 11

Notes:

(1)    Tandem parking within a two-car garage is allowed as required parking. Also, required uncovered parking may be placed in a garage, or off-site (e.g.; as an additional on-street space or in a parking bay).

(2)    Three-car garages facing directly toward a street shall not be permitted on any lot less than 55 feet wide. No more than 30 percent of units in a subdivision developed under these regulations shall have a three-car garage facing directly toward a street.

(3)    Off-site parking spaces shall be provided within 200 feet of each lot.

(4)    All street-trees shall be located within eight feet of back of sidewalk.

(5)    Required private open space shall not be located in the required front yard setback, and shall have a minimum uncovered dimension of 10 feet. Partially covered or enclosed rear yard areas shall be allowed to be counted towards 50% of the required open space as long as they are completely open to the rear yard on a minimum of two sides.

(6)    Projects consisting of 20 or less dwellings shall be exempt from the requirement to provide common open space.

(7)    Rear setbacks shall be increased by ten feet for lots that abut an arterial roadway.

(8)    Interior side-yard setback may be reduced to three feet for structures complying with all applicable Uniform Building Code regulations.

(9)    Garages for homes proposed on lots less than 50 feet in width shall not exceed 60 percent of the front elevation for the home and shall be recessed a minimum of five feet from the habitable portion of the home, not including any front porch.

(10)    Increased height is allowed with approval of a Conditional Use Permit, see Section 25.40.6.

(11)    A garage opening directly to an alley or courtyard shall either have a minimum 18-foot setback or three-foot setback.

(Ord. 2009-06 § 2; Ord. No. 2015-06, § 2; Ord. No. 2017-08, § 2.)

25.20.3.3 Alternative Multifamily Development Regulations

A.    Purpose. This Section is provided to encourage the voluntary reconstruction, rebuilding or rehabilitation of non-conforming multifamily dwellings, and to allow construction of new units on infill sites at a density consistent with surrounding development. To create an incentive for private property owners, the regulations in this section are less restrictive than in Table 25-5 (Multifamily Residential Development Regulations). However, this Section is intended only to apply to lots that are one acre or less, and where development at the existing density is not permitted based on non-conformance of the parcel and/or existing structures with the applicable zoning regulations.

    This Section differs from Government Code Section 65852.25 (Reconstruction, restoration or rebuilding of multifamily housing) in that it is not limited to dwellings involuntarily damaged or destroyed. New construction shall meet all applicable codes and design guidelines in effect at the time of approval and/or issuance of a building permit.

B.    Applicability. Multifamily projects that comply with all of the following criteria are eligible to use the regulations of this Section. All other multifamily development shall comply with the regulations in Table 25-5.

1.    The net land area of the project is three acres or less, and

2.    The project involves any one of the following activities or situations:

a.    Reconstruction or rebuilding of existing multifamily dwelling units;

b.    Alteration, rehabilitation or remodeling of existing multifamily dwelling units (including work beyond that allowed by Section 25.46 (Nonconforming Structures and Uses); or

c.    Construction of new multifamily dwellings on a vacant infill parcel. A parcel must have development existing on at least two abutting parcels to be considered an infill parcel (see Section 25.50 for a definition of “abutting”); and

d.    Construction of multifamily housing as a component of a mixed-use development as per Section 25.22.4.3

e.    There is a pre-existing multifamily structure in a legal nonconforming building, and use of the applicable development regulations in Table 25-5 (e.g.; density, open space, parking, setbacks, etc.) would prohibit the rebuilding of the same number of dwelling units and/or units of similar size as were pre-existing on the property.

f.    In the case of an infill project which involves reconstruction of an existing multifamily building, use of the development regulations in Table 25-5 would prohibit the development on the subject site of a new project whose density is less than the calculated average number of dwelling units per gross developable acre found on abutting property.

The applicant shall be required to document these situations or activities to the satisfaction of the Director.

3.    The existing multifamily structure is a legal nonconforming building; or, use of the applicable development regulations in Table 25-5 (e.g.; density, open space, parking, setbacks, etc.) would prohibit the rebuilding of the same number of dwelling units on the property (or pre-existing on the property). In the case of an infill project, use of the development regulations in Table 25-5 would prohibit the development of the average number of dwelling units per gross developable acre on abutting property. The applicant shall be required to document these facts to the satisfaction of the Director.

C.    Development regulations. Projects that meet the above criteria shall comply with the development regulations in Table 25-6. Notwithstanding any provision of this Section, the City shall apply all applicable design guidelines necessary to ensure that multifamily development is compatible with surrounding development.

Table 25-6: Alternative Multifamily Development Regulations

Regulations

Zoning District

Applicable

Sections and Footnotes

(all figures are minimums and/or linear feet unless otherwise indicated)

RM

RH

RVH

 

Site Planning

Lot Area (maximum)

3 acres

 

Lot Dimensions (width/depth) (feet)

150/150

 

Open Space

 

 

    Private (sq. ft. per ground floor/upper story unit)

80/48

Notes 1

    Common & private open space (% of net parcel area)

25%

Section 25.20.4.8 (A)

Recreational Amenities

Required for projects with 10 or more units

Section 25.20.4.8 (B)

Parking

One and one-third spaces per unit

Note 2

Landscaping

 

Section 25.20.4.8 (C)

    Street trees (one tree for each ...)

25 feet of street frontage

Note 3

    Tree density, on-site

1 tree for each 325 square feet of landscape area

 

Laundry Facilities

Private or common facilities required

 

Storage Space (private, exterior area per unit)

100 cubic feet

 

Trash Enclosures (for garage and recyclable materials)

Required

 

 

Buildings

Lot Coverage (maximum)

50%

60%

60%

 

Setbacks (feet)

 

 

    Front

15

Note 4

    Side Yard

5 one side, 15 total for both sides

 

    Rear

15

 

Building Separation and Special Setbacks (feet)

 

Note 5

    Between any two buildings

10

 

    Front to front

20 feet between buildings

 

    Front to rear

20 feet between buildings

 

Building Height Limit

35

45

45

Note 6

Notes:

(1)    Private patios shall be completely enclosed on all sides by a fence which is a minimum of 5 feet in height and shall have a minimum depth of 10 feet.

(2)    Any fraction of a parking space shall require one additional parking space. Parking located between a main building and a street shall screened by low fencing, berming and/or shrubs.

(3)    All street-trees shall be located within eight feet of back of sidewalk.

(4)    The front setbacks shall be a minimum of 25 feet for lots that front on an arterial roadway.

(5)    Distances required between buildings on the same lot and as yards and courts for dwelling groups shall be increased by two feet for each story that the height of any building or dwelling group exceeds two stories.

(6)    Increased height is allowed with approval of a Conditional Use Permit, see Section 25.40.6.

(Ord. No. 2017-08, § 2.)

25.20.4 Specific Regulations

This Section provides site planning and development standards for land uses that are allowed by Table 25-1 (Residential Land Uses). Each of the uses or improvements identified below shall be subject to Section 25.40.1 (Permit Requirements).

25.20.4.1 Accessory Structures and Room Additions

A.    Applicability. This section shall apply to room additions and to any structure or use that is customarily incidental to a residence, including patio covers, detached garages, gazebos, sheds, animal enclosures, cabanas, carports, greenhouses, spas, studios, tennis courts, workshops, and other similar structures. This section shall not apply to swimming pools or any structure exempt from this Ordinance, as identified in Section 25.10.6. Furthermore, the regulations contained in this section shall only be applicable to properties where the principal building on the property is a single-family detached dwelling or duplex. Additions and accessory structures for dwellings in structures of three or more units shall comply with the applicable regulations in Table 25-4 or Table 25-6. Non-residential additions and accessory structures in residential zoning districts shall comply with Section 25.20.4.9 (Non-Residential Development).

B.    Definition. For the purpose of this Section, an accessory structure shall include any of the following:

1.    Any spa, tennis court, or similar facility (not including swimming pool, which are exempt from this Ordinance – see Section 25.10.6);

2.    Any uninhabitable detached structure. “Detached”, for the purpose of this section shall mean no physically connection between structures, other than a common foundation or concrete slab; or

3.    Any attached structure that is open on three or more sides, with a solid or lattice roof.

    Any structure that does not meet any of the above conditions shall be considered a room addition. For the purpose of compliance with setback regulations, second dwelling units shall be subject to the regulations identified for room additions (see Section 25.20.4.11 for Second Dwelling Unit regulations).

C.    General Requirements.

1.    Design. Room additions and accessory structures visible from the public street shall be compatible with the design of the main building in terms of form, exterior siding, roof materials, trim and color, and window placement and type.

2.    Kitchen facilities. Except for structures open on three or more sides, no kitchen and bathroom combinations shall be allowed in any accessory structure. Accessory structures with kitchen/bathroom combinations not open on three or more sides shall comply with Section 25.20.4.11 (Second Dwelling Units).

D.    Animal shelters. The following additional regulations shall apply to any accessory building used to shelter animals:

1.    Stables and paddocks. A private horse stable or paddock shall be located no closer than 40 feet from any dwelling, 60 feet from the front property line, and 25 feet from the side property lines.

 

Table 25-7: Accessory Structure and Room Addition Regulations

(applicable to all properties with single family attached or detached dwellings in any zoning district)

 

Small

Accessory

Structure

Large

Accessory

Structure

Room

Addition

 

Regulations

Additional

Regulations

(all figures are minimums and/or lineal feet, unless otherwise indicated)

 

Height and Size Limits

Maximum height

7 feet

16 feet

35 feet

Note 1

Maximum size (floor area)

60 sq. ft.

No limit

No limit

 

Location

Behind solid 6 ft. or higher fence

Rear half of usable lot

Within allowed setbacks

Note 2

Rear yard coverage

No limit

20%

20%

Notes 3 and 4

 

Setbacks

From front property line

Same as for existing home

Same as for existing home

Same as for existing home

 

From street side-yard property line

 

From interior side property line - between dwelling and property line

0 feet

 

From interior side property line - not between dwelling and property line

0 feet

3 feet

 

From rear property line

0 feet

3 feet

15 feet

Note 5

(1)    Large accessory structures may be built up to 35 feet in height if the structure satisfies all regulations for a room addition.

(2)    Carport, porticos, and entry features over front-yard gates shall be permitted on the front-half of the lot. However, all carports and porticos shall meet the front setback required for the home on the property. Front-yard entry trellises may be placed on the front property line, but shall be no taller than eight feet.

(3)    The following shall not be counted toward rear-yard coverage: trellis structures that are open on at least three sides, without a solid roof, and less than 10 feet in height; pavement or decks less than 30 inches in height; and swimming pools and spas.

(4)    Room additions and accessory structures may cover up to 30 percent of a rear yard when combined.

(5)    The required rear setback for open patio covers (open on at least three sides) shall not exceed 3 feet.

(Ord. No. 2008-08 § 2.)

25.20.4.2 Common Area Uses and Facilities

    This Section establishes regulations for land uses and facilities in residential developments constructed for the benefit or convenience of project residents. The purpose of these regulations is to allow these uses where they can be conveniently located to serve project residents without the need for rezoning. Where a facility is proposed to serve residents other than those in the same project and the use is not allowed on the site, a General Plan Amendment and/or Rezoning shall be required.

A.    Permitted common area facilities. Common area uses and facilities that provide a recreational amenity (excluding golf courses), provide an essential service to residents (e.g., group dining in a senior housing project), support the operation of a homeowners’ association or group, and do not involve retail, service, or restaurant trade shall be permitted without a Conditional Use Permit. Examples include:

    Child day care center or preschools

    Offices, community centers and meeting rooms

    Group dining facilities (e.g., within a senior housing project)

    Project amenities (e.g., tot lots, swimming pools, and picnic areas)

    Recreational facilities (e.g., an athletic club)

B.    Conditionally permitted common area facilities. A Conditional Use Permit shall be required for facilities engaged in retail sales, personal services, or a restaurant. These uses shall not be located in a freestanding building. Examples include:

    Equestrian facilities

    Food markets and/or delicatessens

    Personal services (e.g., barber shops, dry cleaning)

    Recreational vehicle storage facilities

    Restaurants with table or counter service (excluding drive through service)

    Retail sales

C.    Location. A common area facility shall be conveniently located within the development it serves and shall not be located to encourage patronage by persons other than residents.

D.    Design. In addition to any other site design standards established by this Ordinance, common area facilities in residential zoning districts shall comply with the following:

1.    Architecture. All structures shall be architecturally compatible with the surrounding neighborhood. Scale, roof lines, and materials shall complement surrounding buildings. Architectural treatment for all elevations visible from abutting residential uses shall provide visual relief and design interest.

2.    Buffering. Buffering of residential uses along interior side and rear property lines may be required depending on the scale and intensity of the use in relation to surrounding uses. Where determined necessary by the City, buffering shall be provided by either:

a.    A six foot high solid masonry wall and five feet of perimeter landscaping; or

b.    A six foot high solid wood fence and 10 feet of perimeter landscaping.

3.    Perimeter landscaping. All perimeter landscaping shall be compatible with surrounding residential uses.

4.    Size. All facilities shall be of a scale, proportion, and intensity necessary to serve the projected population of the residential project.

5.    Signs. All signs shall be of a size and height appropriate for a residential setting and shall comply with the Signs Ordinance. The design shall complement the project architecture and community design plan elements.

E.    Operation. All common area uses and facilities shall be operated to serve residents of the development in which the use or facility is operated. Use and operation of the facilities shall be under the control of the residential project management or homeowners’ association.

25.20.4.3 Garage Conversions

This Section establishes regulations for the conversion of an existing garage to habitable space for domestic use. The applicant shall submit all necessary information and drawings to demonstrate compliance with the Zoning Ordinance and this Section.

A.    Minimum lot size. No garage conversion shall be permitted on a lot less than 4,500 square feet.

B.    Parking requirements. A garage conversion shall only be permitted when one on-site parking space is provided for each required parking space displaced by the conversion, if the space is required by this Ordinance. The conversion of garage space required to meet the parking requirement for a second dwelling unit shall be prohibited.

C.    Design. The conversion shall be architecturally consistent with the design of the house using one of the following alternatives:

1.    The garage door is left intact in a permanently closed position;

2.    The garage door remains intact and functional, with a storage area between a partition wall and the garage door; or

3.    The garage door and all necessary remnants are removed and the garage door opening is treated with building materials and design detail to match the remainder of the house. An in-ground landscaped planter, or raised masonry planter, 30 inches in depth shall be installed between the driveway and where the garage door is to be removed. This planter shall be reduced in depth if necessary to maintain an 18 foot long driveway, measured from the back of the sidewalk to the landscaped planter. Where there is insufficient driveway depth to provide a planter of at least 18 inches, the alternatives in paragraph (C)(1) or (C)(2) above shall be used.

25.20.4.4 Garage Sales

Garage sales and estate sales (which include estate auctions) shall be subject to the following regulations:

A.    Merchandise. Only the sale of personal household items is allowed. The sale of items acquired for resale or items assembled or manufactured on the premises (including products from a home occupation) is prohibited. All transactions shall take place on the property of the owner conducting the event.

B.    Displays. No item for sale shall be displayed within the public right-of-way.

C.    Duration and frequency. A sale or auction shall not exceed four consecutive days and occur no more than two times per calendar year on any one parcel. This regulation does not preclude the sale of individually advertised items at any time, provided they are not displayed so as to be visible from public view, other than legally parked vehicles and trailers.

25.20.4.5 Home Occupations

This Section allows for home-based business activity that is clearly subordinate and compatible with residential land uses, and will not negatively impact the character of the residential area. Childcare businesses are not regulated by this section but are instead subject to Section 25.32.5 (Child Day Care Facilities and Private Schools).

A.    Permit requirements. No person shall conduct a home occupation without a Home Occupation Permit (concurrent with a Business License, as required in Chapter 10b of the City Code). Home occupation permits shall not be transferred to other persons or locations.

B.    Operating standards.

1.    Accessory use only. Home occupations shall be clearly incidental and accessory to the use of the residence as a dwelling.

2.    Prohibited activities, equipment, and materials. The following uses and activities are prohibited as part of any home occupation:

a.    Use of equipment or machinery that is not customarily incidental to domestic use (e.g., cement mixers, tractors, and paint booths).

b.    Equipment, machinery, or processes that create noise, smoke, glare, fumes, odor or vibration (e.g., assembly requiring power tools, carpentry) offensive to a reasonable person at the property line.

c.    Uses that involve activities or use of equipment or materials on more than an intermittent basis so as to change the fire safety or occupancy classification of the premises (e.g., welding).

d.    Activities that cause electromagnetic (e.g. radio, television, etc.) interference to surrounding properties.

e.    Use or storage of chemicals or processes that are not customarily associated with domestic use.

f.    Repair of motor vehicles.

g.    Escort services, meaning a person who, for a fee, commission, hire, reward or profit, accompanies other persons to or about social affairs, entertainments or places of amusement or consorts with others about any place of public resort or within any private quarters

C.    Customers. Up to eight patron visits per day shall be permitted between the hours of 7:00 AM and 7:00 PM. There shall be no restriction on the number of patrons visiting at any given time so long as the total number of visits per day does not exceed eight.

D.    Delivery or pick-up of items. Delivery or pick-up to or from the premises, except postal and small parcel, is prohibited. No more than four small parcel deliveries shall be permitted each day.

E.    Employees. No persons, other than residents of the household for which the permit has been issued, shall engage in the home occupation at the home.

F.    Exterior evidence of use prohibited. To ensure that dwellings for which home occupation permits have been issued remain compatible with surrounding residential use, the following regulations shall apply:

1.    The home occupation shall be conducted entirely within the principal dwelling.

2.    Incidental storage in a garage or any activities associated with the home occupation shall not displace any required parking in currently usable garage.

3.    The home shall not require any alteration not customarily associated with residential use. Home occupation activities shall not be visible from the public rights-of-way or neighboring properties.

4.    Outdoor storage or storage in any accessory building or structure is prohibited.

5.    There shall be no window display, sign, or other identification of the home occupation on the premises. No off-site sign shall be placed as to denote the location of the home occupation.

6.    No home occupation shall produce quantities or types of refuse not customarily associated with a residential use.

G.    Firearms sales. Prior to receiving a Home Occupation Permit, firearms dealers shall provide a written statement to the Department specifying that:

1.    No firearms, ammunition, or accessories shall be sold or offered for sale on the premises.

2.    The exchange of firearms shall only be conducted at gun shows.

3.    No stock in trade shall be kept on the premises, and no services shall be conducted on the premises.

In the event that Federal or State law prohibits the exchange of merchandise outside of the home (i.e., the business location), Home Occupation Permits for firearms sales shall become void.

H.    Vehicles, parking, and traffic. No vehicle shall be allowed in conjunction with a home occupation that has been manufactured or altered to provide mobile services. Examples of vehicles that have been manufactured or altered to provide mobile services include, but are not limited to, ice cream trucks, catering trucks, or tow trucks. Parking needs and traffic volumes generated by the home occupation shall not exceed that typically generated by a residential use. (Ord. No. 2015-06, § 2.)

25.20.4.6 Mobile Homes

A.    Applicability. Mobile homes (identified as manufactured homes by the National Manufactured Housing Construction and Safety Standards Act of 1974) on lots zoned for single-family dwellings and to be used as permanent dwellings are subject to the requirements of this Section. Mobile homes placed in mobile home parks (Section 25.20.4.7) that are regulated by the California Department of Housing and Community Development, are not subject to the provisions of this Section. Modular (also known as “factory-built") housing units are considered the same as single-family dwellings for the purposes of this Zoning Ordinance, and are not subject to the provisions of this Section.

B.    Certified mobile homes. Mobile homes that are certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC Section 5401, et seq.), are subject to the following standards:

1.    Location. As required by Government Code Section 65852.3, mobile homes for permanent occupancy are considered the same as single-family dwellings, and are permitted by Section 25.20.2 (Allowed Uses and Permit Requirements) in all zoning districts that allow single-family dwellings. However, mobile homes are not allowed within a historic district or on any parcel with a building, structure, object or place having special historical interest or value, provided the building, structure, object or place is listed in the National Register of Historic Places.

2.    Foundation system. The mobile home shall be placed on a foundation system in compliance with Section 18551 of the Health and Safety Code.

3.    Architectural standards. The same development regulations that apply to single-family dwellings shall apply to mobile homes, including the provision of covered parking. In addition, the following specific design requirements shall apply:

a.    All homes shall have a minimum eaves dimension of one foot.

b.    All siding shall be non-reflective and shall be installed from the foundation up to the eaves.

c.    All roofing material shall be consistent with that found in the surrounding neighborhood.

d.    All roofs shall have a minimum pitch of 3:12.

C.    Non-certified mobile homes. Mobile homes that are not certified under the National Mobile Home Construction and Safety Act of 1974, and that do not meet the requirements of Subsection A. above shall be placed only in mobile home parks.

D.    Density. The number of certified mobile homes that may be placed on a single parcel shall be the same as the number of single-family dwellings permitted by Section 25.20.3 (Development Regulations).

E.    Storage of unoccupied mobile homes. Unoccupied mobile homes or portions thereof that are not fixed to a foundation shall be stored only in a mobile home sales lot, or an approved storage yard.

25.20.4.7 Mobile Home Parks

The following regulations are intended to ensure that new, expanded or reconstructed mobile home parks are located and established so as to be compatible with adjacent residential neighborhoods and commercial areas.

The planning and design of features and amenities internal to any mobile home park, including lots and other areas within parks, and the permitting of individual mobile homes within mobile home parks is regulated by the California Department of Housing and Community Development (HCD), and is not subject to the provisions of this Section. The City shall however have the right to regulate any internal features and amenities where not specifically preempted by the State.

A.    Site planning and design standards. Mobile home parks and subdivisions shall conform to the following minimum standards affecting exterior property:

1.    Minimum site area: Five acres.

2.    Density: A maximum of eight mobile homes spaces per gross developable acre in the RVL, RL, and RLM zoning districts. A maximum of 12 mobile homes spaces per gross developable acre in the RM, RH, and RVH zoning districts.

3.    Mobile home park boundaries. All structures, including mobile homes, shall be set back from property lines as follows:

a.    Street property lines: 20 feet; and

b.    Perimeter property lines not abutting streets: 10 feet

4.    Landscaping. The perimeter of mobile home parks shall be landscaped as follows:

a.    Landscaping shall be installed within adjacent street rights-of-way and at least 15 feet into the site (measured from the property line), except where traversed by access driveways; and

b.    All other required setback areas shall be fully landscaped.

5.    Fencing. The perimeter of a mobile home park or subdivision shall be enclosed by a six-foot high solid masonry wall (or other approved material), located behind the required landscaping along street frontages and along property lines not abutting streets.

B.    Conversion of mobile home park to another use. Any subdivision of an existing mobile home park or conversion of an existing mobile home park to another land use shall be subject to the provisions of the Government Code related to mobile home park closure, commencing at Section 65863.7.

25.20.4.8 Multifamily Development

This Section provides regulations for new multifamily development in addition to the regulations contained in Tables 25-5 and 25-6. For the purposes of this section and Tables 25-5 and 25-6, the term “multifamily” means three or more dwelling units in any single structure including, but not limited to, apartments, townhouses, and condominiums. Multifamily does not include duet units (two units attached to each other on separate properties) in the RH or RVH zoning district, which shall instead comply with Table 25-4: RLM and RM Small Lot Development Regulations. This Section is intended to ensure that multifamily development is compatible with adjacent land uses and will promote the long-term viability of neighborhoods in which they are proposed.

A.    Open space. No less than 50 percent of the required common open space in a project shall be usable, having a dimension of 20 by 35 feet, and improved for passive or active open space. This standard may be adjusted through the approval of an individual project to a lower percentage where the review authority determines that high quality design will maximize the functional and aesthetic purposes of open space, such as creation of large consolidated open areas and/or the addition of landscape features which decrease the perceived mass and scale of large buildings and parking lots.

B.    Required amenities. The minimum number of recreational amenities required in a new multi-unit project is established in Table 25-8 below. The overall mix of facilities shall provide for a variety of activities, and shall consider the needs of different age groups anticipated in the project.

For the purposes of this Section, recreational amenities are categorized as follows:

1.    Major. Recreation buildings; swimming pools; tennis, baseball, or handball courts (regulation size and surface), child care facilities, and other such amenities requiring significant investment and appropriate to serve residents of the project as determined by the City; and

2.    Minor. Children’s play areas, sand volleyball courts, basketball half courts, a spa or sauna, picnic and barbecue areas and other such amenities requiring substantial investment and appropriate to serve residents of the project as determined by the City. Can include indoor amenities such as small gyms, shared resident media lounges, and shared dining and kitchen facilities.

Table 25-8: Multi-Family Recreational Amenities - Minimum Requirements

Dwelling Units

Type

4 or less

5 - 25

26 - 100

101 - 150

151 - 200

201 - 250

251 - 300

301 or more

Major

0

0

1

1

2

2

3

plus 1 per 100 additional dwelling units

Minor

0

1

1

2

2

3

3

plus 1 per 50 additional dwelling units

C.    Landscaping. All landscaping shall comply with the landscaping requirements identified in Table 25-5: Multifamily Development Regulations and Table 25-6: Alternative Multifamily Development Regulations. Preliminary and final landscape plans for multifamily developments shall be prepared by a landscape architect licensed by the State of California.

D.    Maintenance plan and program. A continuous maintenance and management program shall be required for each development and compliance with the approved plan and program shall be required as a condition of approval of the development.

1.    Maintenance standards. Definitive standards for maintenance of landscaping for each project shall be established in the form of conditions of approval. The City, to the extent legally permissible, shall establish a lien process whereupon making specified findings, the City may perform the required maintenance and place a lien on the property to recover maintenance costs.

2.    On-site management. An on-site resident property manager shall be provided for any multifamily development consisting of 16 or more apartment units.

E.    Consolidation of parcels. As a condition of approval for the development of any multi-unit project that includes more than one parcel, all parcels shall be merged, or otherwise consolidated in a manner consistent with the City and State law, prior to issuance of any building permit. The purpose of this requirement is to provide a guarantee of common ownership, maintenance and management of multi-unit projects. Within townhouse and condominium developments, the sale of land or air space for individual dwellings is permitted. Multi-plex dwellings, such as tri-plex, four-plex or row houses, on individual parcels of land with no common area are exempt from this Section. (Ord. No. 2017-14, § 8.)

25.20.4.9 Non-Residential Development

This Section applies to land uses identified as “non-residential” in Table 25-1. This section shall not apply to any public or private park, public safety facility, major/minor public utility, agricultural land use, or to temporary uses and events. The intent is to ensure that these land uses are developed in a manner compatible with nearby residential areas and that a sufficient supply of quality affordable housing sites is maintained to meet the City’s housing needs.

A.    Location. Non-residential development shall front on a collector or arterial street.

B.    Maximum parcel size. Non-residential development located in the RM, RH, or RVH zone district shall occur on sites less than two acres to ensure that properties best suited for multifamily housing are preserved for housing. The City may modify this requirement during the Development Review and/or Conditional Use Permit review process if it is determined by the City that the suitability of the property for multifamily dwellings is diminished by environmental or design constraints.

C.    Proximity to other non-residential uses. The quantity and mix of non-residential uses in a neighborhood shall not adversely impact the residential character of the area.

D.    Development regulations. All development shall comply with the applicable regulations identified by this Ordinance except that:

1.    Building setbacks for nonresidential structures shall be designed to preserve the overall visual character of the residential environment.

2.    No new building or accessory structure shall be located closer than 10 feet from any common residential property line; and

3.    Parking lots fronting street rights-of-way shall be set back a minimum of 15 feet from the property lines.

E.    Design. Non-residential uses subject to this section shall comply with the following regulations:

1.    When located in an existing residential area, all structures that front public rights-of-way shall be architecturally compatible with the surrounding neighborhood. Scale, rooflines, and materials shall complement the surrounding residential development.

2.    All setback areas shall be landscaped.

3.    Buffering of residential uses along interior side and rear property lines shall be provided using a minimum six-foot high solid masonry wall and five feet of perimeter landscaping.

4.    All building elevations visible from adjacent residential areas shall provide visual relief and design interest through architectural detail.

5.    Overhead doors shall not be visible from any public right-of-way and adjacent residential areas. Outdoor storage, except a recreational vehicle storage lot, is prohibited.

F.    Project review on multifamily sites. The approval authority shall consider the following items when reviewing a Conditional Use Permit for a non-residential use on land zoned for multifamily development:

1.    The city-wide vacancy rate among multifamily development of 10 or more units; and

2.    If the suitability of the site for multifamily development is diminished based on environmental or design constraints, such as noise from an adjacent rail line.

    The applicant shall be responsible for providing any pertinent information or data required by the City to review the project site relative to the above factors.

G.    Required findings. In addition to the standard findings required for action on a Conditional Use Permit, the following findings shall be made by the approval authority prior to granting approval of a project subject to this section:

1.    The project will be compatible with the surrounding neighborhood and will not have a detrimental effect on the ability to construct multifamily housing on adjacent sites if those properties are zoned for such; and

2.    The project will not have a substantial adverse impact on the diversity of housing types or provision of affordable housing within the City. (Ord. No. 2013-07, § 2.)

25.20.4.10 Residential Occupancy

All dwelling units, and the number of occupants thereof, shall meet the Space and Occupancy Standards of the Uniform Housing Code as may be amended and adopted by the City from time to time. Any dwelling that does not meet the minimum floor area requirements shall be considered overcrowded and is in violation of this Ordinance.

25.20.4.11 Second Dwelling Units

A.    Applicability. Second Dwelling Units and “Granny Flats” (collectively referred to as “second unit(s)”) are permitted on any lot where one single family detached dwelling is permitted or exists. Definitions for Second Dwelling Units and Granny Flats are provided in Section 25.50. Second units shall not be counted as an additional dwelling for the purposes of calculating permitted General Plan or residential zoning density.

B.    Restrictions. All second units shall comply with the following regulations:

1.    One second unit is allowed on a parcel 5,000 square feet or greater containing a detached single-family dwelling. Any second unit proposed on a lot with a detached garage or any lot with alley access shall be exempt from this minimum lot size requirement.

2.    Second units are not allowed on lots with two or more dwellings.

3.    Any applicant seeking approval for a second unit shall be both an owner and current resident of the property for which a second unit is proposed. An exception to the occupancy requirement is allowed where a second unit is to be constructed concurrent with the principal dwelling, and the owner will reside on the property upon completion of construction.

4.    A second unit may only be rented, leased, and/or occupied for residential purposes. Property containing a second unit shall not be subdivided from that on which the principal dwelling exists.

5.    Second units may be contained in an addition to the principal dwelling, within the principal dwelling, or in a detached building.

6.    Any illegal building additions or accessory structures shall be brought into compliance with the City Code prior to approval of the second unit.

7.    Setbacks. Second units shall comply with all setbacks established in Table 25-7, Accessory Structures and Room Addition Regulations, except as follows:

a.    In any property in the RM Zoning District whose rear property line abuts a public alley, the rear yard setback applicable to a garage (i.e., three feet) shall also apply to any second unit constructed above the garage.

b.    No additional setback shall be required for conversion of an existing garage or an existing accessory structure to a second unit as long as the structure and location meet fire and building code requirements.

c.    A setback of no more than five feet from the side and rear lot lines shall be required for a second unit that is constructed above an existing garage.

8.    Construction of a second unit must avoid creating any adverse impacts on any real property that is listed in the California Register of Historic Places.

C.    Unit size. No attached second unit shall exceed 40 percent of the floor area of the principal dwelling or 1,200 square feet, whichever is less. No detached second unit shall exceed 1,200 square feet.

D.    Parking.

1.    Number of spaces required. Exclusive of the parking required for the principal dwelling, the following parking shall be provided for a second unit, except where not feasible based on specific site or regional topographical or fire or life safety conditions:

a.    One space shall be required for each bedroom contained in the second unit.

b.    Two spaces shall be required for a unit having two or more bedrooms. If two parking spaces are required for a second unit, they may be located in a tandem garage, or as tandem parking on an existing driveway, or in a setback as described below.

2.    Location. Parking spaces for the second unit shall be located where they will not interfere with or obstruct required parking for the principal dwelling unit. Parking shall not encroach into a front or street side yard except in a driveway apron (e.g.; between a garage door and the curb cut), and between a driveway apron and a side or rear property line (see Figure 25-2 below). When the parking area is located between the garage apron and side property line, a minimum width of five feet of landscaping shall be installed.

Figure 25-2: Allowed Second Unit Parking

3.    Replacement Parking Spaces. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of a second unit, the parking contained in the garage must be replaced. Replacement parking spaces may be located in any configuration on the same lot as the second unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.

4.    Parking standards shall not be imposed on a second unit in any of the following instances:

a.    The second unit is located within one-half mile, by vehicle or pedestrian pathway, of a public transit stop or terminal.

b.    The second unit is part of the existing primary residence or an existing accessory structure.

c.    When on-street parking permits are required but not offered to the occupant of the second unit.

d.    When there is a car share vehicle in a location designated for car share within one block of the second unit.

E.    Design. All second units shall comply with the following design standards:

1.    The design shall match the principal dwelling, including exterior siding, trim and color, roof materials, and window placement and type. The maximum height of the second unit shall be limited as set forth in Table 25-7.

2.    Where feasible, the entrance to the second unit shall not be located on the same building elevation as the entrance to the principal dwelling. The second unit entry shall be clearly subordinate to that of the principal dwelling. The appearance of a duplex shall be avoided.

3.    Exterior stairways, second floor entries, or balconies for second units shall only be allowed where privacy impacts on adjacent lots are insignificant.

4.    No more than 40 percent of the frontage of a parcel shall be devoted to driveways. This standard may be modified for lots in a cul-de-sac, flag-lot, or at an expanded corner with narrow frontage (see Section 25.50, Definitions of Terms and Phrases).

5.    Second units shall not be required to provide fire sprinklers if they are not required for the primary residence.

F.    Recordation. A covenant in a form acceptable to the City shall be recorded with the County of Solano, prior to issuance of any building permit for a second unit. Failure to record the covenant shall be grounds for code enforcement action by the City. The purpose of recording the covenant is to ensure that future property owners are made aware of the requirements under which the second unit shall be maintained, including:

1.    No rentals by absentee owners. Rental of any housing unit on the property requires occupancy of a housing unit on the property by the property owner.

2.    Granny flat occupancy requirement. Any granny flat approved by the City for which a waiver has been obtained by the applicant for any school fee shall record the fact that unit shall be solely occupied in a manner consistent with the definition for “Dwelling, Granny Flat,” as identified in Section 25.50.

G.    Fees. Notwithstanding any other provision of this Code, or any ordinance or resolution of the City, there is hereby established the following development impact fees for second dwelling units:

1.    The second unit shall be exempt from any Water Connection Fee.

2.    The second unit shall be exempt from all AB1600 Fees, all Benefit District Fees, and any infrastructure fees established for Northeast Fairfield.

3.    The second unit shall be subject to the Park and Recreation Fee (bedroom tax) and the Cordelia Recreation Fee at the rate established for each additional bedroom.

4.    The second unit shall pay 40% of the single-family rate for the General Plan Cost Recovery Fee, Comprehensive Amendment to the General Plan Cost Recovery Fee, and License Tax.

5.    All other development impact fees shall apply except as specifically provided by Government Code Section 65852.2(f).

H.    Notwithstanding the above, an application for a building permit to create within a single-family residential zone one second unit per single-family lot shall be ministerially approved if the unit (1) is contained within the existing space of a single-family residence or accessory structure, (2) has independent exterior access from the existing residence, and (3) the side and rear setbacks are sufficient for fire safety. Second units approved pursuant to this subsection shall not be required to install a new or separate utility connection directly between the second unit and the utility. Second units approved pursuant to this subsection shall not be subject to utility capacity charges. (Ord. No. 2008-08 § 2; Ord. No. 2017-03, § 2.)

25.20.4.12 Subdivision Model Homes, Trailers, and Sales Offices

Model homes, subdivision sales offices, trailers, and subdivision model home complexes shall comply with the following regulations:

A.    Limitation on office use. The sales office shall be used only for selling new homes located within the subdivision where the office has been established.

B.    Parking. Temporary parking facilities shall be constructed of asphalt and striped in compliance with City standards. A parking lot may not be required for a subdivision sales trailer. However, the trailer may not be located on a collector street and adequate on-street parking must exist to the satisfaction of the Director.

C.    Conversion. All installations related to the sales activity (e.g., display partitions, canopies, walls, etc.) shall be removed and any room used for sales activity shall be converted to the approved residential use prior to occupancy. Temporary parking facilities installed to serve any model home or sales office shall be removed within 60 days after conclusion of sales activities.

D.    Surety requirement. The applicant shall post the following bonds, refundable cash deposits, or other form of surety:

1.    $2,000 to guarantee removal of any temporary parking facilities to serve the model home complex or tract sales office; and

2.    $1,000 to guarantee conversion of any office and/or display area to the approved residential use.

E.    Design. As a Minor Discretionary Approval item, design standards for model home complexes may be established by the Department or through Planning Commission Resolution. All temporary sales trailers shall comply with Section 25.32.8 (D)(2) (Temporary Uses and Events).

F.    Land use map display. All subdivision model home and sales offices for residential developments shall prominently display a Fairfield General Plan Land Use Diagram. In addition, the sales office shall prominently display a map identifying all planned land uses within the subdivision and within 1/4 mile of the boundary of the subdivision, including the type and location of any public or private trail that will be constructed in or adjacent to the subdivision.