Chapter 17.10
RESIDENTIAL DISTRICTS

Sections:

17.10.010    Purpose.

17.10.020    Intent of individual districts.

17.10.030    Uses allowed.

17.10.040    Development standards.

17.10.050    R-1 Districts and substandard parcels.

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

17.10.070    Open space requirements.

17.10.080    Secondary residential units.

17.10.090    Accessory structures.

17.10.100    Accessory uses.

17.10.110    Residential design guidelines.

17.10.010 Purpose.

The purpose of Chapter 17.10, Residential Districts, 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 within San Pablo, consistent with the policy direction in the city of San Pablo general plan. The intent of each of the residential zoning districts is described below. (Ord. 03-004 § 1 (part), 2003: Ord. 02-004 § 1 (part), 2002)

17.10.020 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. Secondary residential 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 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 single-family homes, two-family homes, townhouses, apartments, and condominiums. The maximum density allowable in this district is twenty-four dwelling units per acre. 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 uses are also allowed. (Ord. 03-004 § 1 (part), 2003: Ord. 02-004 § 1 (part), 2002)

17.10.030 Uses allowed.

A.    Matrix of Uses. Table 10-A contains the use regulations for the residential zoning districts, listed by classes of uses as defined in Chapter 17.08. The allowable uses in Table 10-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;

3.    “U” designates classes of uses permitted with a use permit; and

4.    “-” designates classes of uses that are prohibited;

5.    Any class of use not listed in Table 10-A is prohibited.

B.    Exceptions Along Railroad Lines and Streams. Notwithstanding the provisions of Table 10-A, the following provisions apply:

1.    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 Goal PS 4 of the general plan.

2.    Any development, including land disturbance, that is within fifty feet of any stream shall require a 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 under Goal ER 1 of the general plan.

C.    Design Review. Certain uses also require design review. A list of those uses is contained in Chapter 17.62.

D.    Principal Uses Only. Only principal uses are listed in Table 10-A. Accessory uses are addressed in Section 17.10.100.

E.    Other Regulations. Some uses are also subject to the provisions of Title 5 and 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 10-A.

Table 10-A

RESIDENTIAL DISTRICTS USE REGULATIONS 

 

R-1

R-2

R-3

R-4

Special Provisions

Residential Classes of Uses

 

 

 

 

 

Caretaker Residence

U

U

U

U

See § 17.30.090

Day Care—Small Family

R

R

R

R

A use permit is required if located in other than a single-family dwelling

Day Care—Large Family

A

A

-

-

Section 1597.46 of California’s Health and Safety Code

Dwellings—Multiple Family

-

-

R

R

 

Dwellings—Single-Family Attached

-

R

R

R

 

Dwellings—Single-Family Detached

R

R

R

U

 

Dwellings—Two-Family (Duplexes)

-

R

R

U

 

Mobile Home Parks

-

-

-

-

 

Residential Care Facilities

R

R

R

R

 

Secondary Units

R

-

-

-

See § 17.10.080 (amended 06/02/03)

Nonresidential Classes of Uses

 

 

 

 

 

Adult Uses

-

-

-

-

 

Alcoholic Beverage Sales

-

-

-

-

 

Animal Boarding

-

-

-

-

 

Animal Care

-

-

-

-

 

Assisted Living

-

-

U

U

 

Automotive—General Repair

-

-

-

-

 

Automotive—Limited Repair

-

-

-

-

 

Automotive—New Car Sales

-

-

-

-

 

Automotive—Parking

-

-

U

U

Only allowed if parcel is adjacent to any C or M district or adjacent to an approved nonresidential use

Automotive—Parts Sales

-

-

-

-

 

Automotive—Service Stations

-

-

-

-

 

Automotive—Used Car Sales

-

-

-

-

 

Automotive—Washing

-

-

-

-

 

Bed and Breakfasts

U

U

R

R

 

Boarding Houses

-

-

U

U

 

Boat and RV Sales

-

-

-

-

 

Building Materials

-

-

-

-

 

Business and Professional Services

-

-

-

-

 

Catering Services

-

-

-

-

 

Cemeteries

U

U

U

-

 

Check Cashing Businesses

-

-

-

-

 

Commissaries

-

-

-

-

 

Community and Religious Assembly

U

U

U

U

 

Community Care Facilities

U

U

U

U

 

Dance and Fitness Studios

-

-

-

-

 

Day Care Facilities

U

U

U

U

 

Dental Jewelry Stores

-

-

-

-

 

Escort Services

-

-

-

-

 

Farmers Markets

-

-

-

-

 

Food and Beverage Sales—Convenience

-

-

-

-

 

Food and Beverage Sales—General

-

-

-

-

 

Funeral and Interment Services

-

-

-

-

 

Hospitals and Clinics

U

U

U

U

See § 17.12.070

Hotels and Motels

-

-

U

U

 

Industry—Limited

-

-

-

-

 

Industry—General

-

-

-

-

 

Junkyards

-

-

-

-

 

Live Entertainment

-

-

-

-

 

Maintenance Yards

-

-

-

-

 

Massage Establishments

-

-

-

-

 

Medical Marijuana Dispensaries

-

-

-

-

 

Mobile Vending

-

-

-

-

 

Nightclubs

-

-

-

-

 

Nurseries

-

-

-

-

 

Offices

-

-

-

-

 

Payday Loan Businesses

-

-

-

-

 

Personal Services

-

-

-

-

 

Public Services

U

U

U

U

 

Recreation—Amusements

-

-

-

-

 

Recreation—Indoor

-

-

-

-

 

Recreation—Major Arcades

-

-

-

-

 

Recreation—Minor Arcades

-

-

-

-

 

Recreation—Outdoor Passive

-

-

-

-

 

Recreation—Parks and Playgrounds

U

U

U

U

 

Recycling Services—Consumer

-

-

U

U

 

Recycling Services—General

-

-

-

-

 

Recycling Services—Donation/Collection Box

-

-

-

-

 

Repair Services—General

-

-

-

-

 

Repair Services—Limited

-

-

-

-

 

Research and Development

-

-

-

-

 

Restaurants—Fast Service

-

-

-

-

 

Restaurants—General

-

-

-

-

 

Restaurants—Outdoor Dining

-

-

-

-

 

Retail Sales—General

-

-

-

-

 

Retail Sales—Local

-

-

-

-

 

Retail Sales—Outdoor

-

-

-

-

 

Retail Sales—Regional

-

-

-

-

 

Secondhand Dealers

-

-

-

-

 

Schools—Private

-

-

-

-

 

Schools—Public

-

-

-

-

 

Smoke Shops

-

-

-

-

 

Storage—Personal

-

-

-

-

 

Tattoo Parlors

-

-

-

-

 

Taxicab Companies

-

-

-

-

 

Truck Repair and Sales

-

-

-

-

 

Utilities—Major

-

-

U

U

 

Utilities—Minor

U

U

U

U

 

Vocational Schools

-

-

-

-

 

Warehousing and Storage—Enclosed

-

-

-

-

 

Warehousing and Storage—Outdoors

-

-

-

-

 

Wholesaling

-

-

-

-

 

(Ord. 2014-004 § 5, 2014; Ord. 12-003 § 3, 2012; Ord. 10-003 § 6, 2010; Ord. 06-022 § 3, 2006; Ord. 06-020 § 4, 2006; Ord. 03-004 § 1 (part), 2003: Ord. 02-004 § 1 (part), 2002)

17.10.040 Development standards.

A.    General. Table 10-B establishes property development standards for residential districts. Standards shown in the table are subject to the rules of measurement set forth in Chapter 17.30.

 

Table 10-B

RESIDENTIAL DISTRICTS: DEVELOPMENT STANDARDS

 

R-1

R-2

R-3

R-4

Minimum parcel area—interior parcels (sq ft)(1)

5,000

7,000

10,000

10,000

Minimum parcel area—corner parcels (sq ft)(1)

6,000

7,000

10,000

10.000

Minimum parcel frontage—interior parcels (feet)(1)

50

70

100

100

Minimum parcel frontage—corner parcels (feet)(1)

60

70

100

100

Maximum parcel coverage (%)

45(2)

50

70

75

Maximum density(3)

12 units/acre (may be exceeded for existing parcels below minimum size)

18 units/acre

24 units/acre

48 units/acre

Minimum setbacks (feet)(4)

 

 

 

 

Front

20

20

15(5)

15(5)

Side

Table 10-C

5

See Note (6)

See Note (6)

Rear

15

15

15

15

Maximum height at eave (feet)

20

20

40

60(7)

Maximum height at roof peak (feet)

27

27

48

75(7)

Maximum stories

2

2

4

6(7)

Minimum building separation (feet)

UBC(8)

UBC(8)

UBC(8)

UBC(8)

Maximum width of driveways and driveway cuts at curb (feet)

 

 

 

 

Single driveway

12

N/A

N/A

N/A

Double driveway

See Note (9)

See Note (9)

See Note (9)

See Note (9)

(1)    See subsection B below.

(2)    Parcel coverage may be increased to 50% if two R-1 lots of 5,000 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.

(4)    Additional setbacks may be required for development adjacent to creeks or steep slopes to meet the requirements in Section 17.10.030B and other applicable laws, and to ensure safety of development from unstable soils.

(5)    A 20 foot setback is required if covered parking is located in the front of the building.

(6)    See Section 17.10.060.

(7)    Within 75 feet of a R-1 or R-2 District, the height shall be limited to 40 feet eave height, 50 feet roof peak height, and 4 stories.

(8)    The applicable standards are set forth in the provisions of the latest edition of Chapter 15 of the Municipal Code and other codes adopted by the City of San Pablo. See also ordinance requirements applicable to accessory buildings as set forth in Section 17.10.090.

(9)    22 feet or 40% of the lot frontage, whichever is less.

B.    Substandard Parcels. Parcels not meeting the minimum parcel area or parcel frontage requirements as shown in Table 10-B are subject to the provisions of Section 17.10.050.

C.    Measurement of Front and Side Yard Setbacks. For rules on the measurement of front and side yard setbacks, see Chapter 17.30.

D.    Intrusions into Setbacks. For rules on allowable intrusions into setbacks, see Chapter 17.30.

E.    Creation of New Lots. No new lots smaller than the minimum parcel areas shown on Table 10-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 Section 17.30.180. (Ord. 03-004 § 1 (part), 2003: Ord. 02-004 § 1 (part), 2002)

17.10.050 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 10-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 10-C. Examples of the application of side yard setbacks to parcels of varying widths are illustrated in Figure 2 of the Residential Design Guidelines associated with Section 17.10.110.

E.    Front Yards. Within the R-1 district, a minimum of 90% 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 or constituting an approved parking space shall be used for parking.

F.    Intrusions into Setbacks. For rules on allowable intrusions into setbacks, see Chapter 17.30.

Table 10-C

SETBACKS FOR R-1 AND SUBSTANDARD PARCELS
(1)

Minimum Parcel Sizes and Parcel Widths(2)

Minimum Side Yard Setback for First Story

Minimum Side Yard Setback for Second Story

Size (sq ft)

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 feet(3)

(1)    Additional setbacks may be required for development adjacent to creeks or steep slopes to meet the requirements in Section 17.10.030B 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. 03-004 § 1 (part), 2003: Ord. 02-004 § 1 (part), 2002)

17.10.060 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 20 % 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; and

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

C.    Special Yards.

1.    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; and

2.    An inner court providing access to a double row dwelling group shall be a minimum of twenty-two feet wide. (Ord. 03-004 § 1 (part), 2003: Ord. 02-004 § 1 (part), 2002)

17.10.070 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; and

2.    R-3 and R-4 districts: Minimum of three hundred square feet per unit, except for parcels subject to Section 17.10.050.

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 17.40. (Ord. 03-004 § 1 (part), 2003: Ord. 02-004 § 1 (part), 2002)

17.10.080 Secondary residential units. (Amended 06/02/03)

A.    Ministerial Action. Approval of secondary units shall be a ministerial action by the planning department. Approval of a secondary unit shall not occur in conjunction with a discretionary planning permit.

B.    Principal Use. A secondary unit shall only be allowed when the principal use on the parcel is dwellings—single family and the secondary unit is allowed by Table 10-A.

C.    Parcel Size. Secondary units shall not be allowed on parcels less than five thousand square feet.

D.    Number of Units Per Parcel. Only one secondary residential unit shall be allowed on any one parcel.

E.    Creation. A secondary residential unit may be created by:

1.    Alteration of an existing residential structure whereby kitchen and bathroom facilities are not shared in common;

2.    Conversion of an attic, basement or other previously uninhabited portion of a residential structure, except that the conversion of an existing garage or carport shall be prohibited unless alternate covered, off-street parking can be provided on the property in full compliance with zoning ordinance requirements;

3.    Addition of a separate unit onto an existing residential structure, within the size constraints provided further in this chapter; or

4.    Construction of a separate structure on a parcel in addition to an existing residential structure.

F.    Facilities. The secondary residential unit shall contain kitchen and bathroom facilities separate from those of the main unit and have a separate entrance.

G.    Utility Services. The secondary residential unit may be metered separately from the main building for gas, electricity, communications, water, and sewer services.

H.    Size. The total floor area of the secondary residential unit shall be no more than five hundred feet and shall contain no more than one bedroom.

I.    Attached Unit. A secondary residential unit that shares a common wall with the single-family residence shall not exceed four hundred square feet and shall conform to the development standards for the single-family residence, including, but not limited to, standards for front, rear and side yard setbacks, height and parcel coverage.

J.    Detached Unit. A detached secondary residential unit shall have a minimum five (5) foot rear and side yard setback and a minimum six (6) foot separation between other structures. A detached secondary residential unit shall conform to the development standards for the single-family residence, including, but not limited to, standards for front yard setbacks, height and parcel coverage. If the property is located on a corner lot, the proposed secondary structure shall maintain a fifteen (15) foot setback from the property line facing the street.

K.    Code Compliance. The secondary residential unit shall be constructed in accordance with provisions of the latest edition of Chapter 15 of the municipal code and other codes adopted by the city of San Pablo.

L.    Certificate of Compliance. The applicant shall provide a certificate of compliance pursuant to Chapter 15.52 prior to submittal for a building permit and shall otherwise comply with that chapter.

M.    Parking. Parking for the secondary residential unit shall comply with the provisions of Chapter 17.32.

N.    Ownership. At the time of creation of the secondary residential unit, the main dwelling on the subject property must be owner-occupied. Thereafter, the main dwelling or the secondary residential unit shall be owner-occupied. Before the approval of a secondary unit becomes final, the owner shall provide proof that this restriction has been recorded in the office of the county recorder.

O.    Rental Occupancy. The secondary residential unit shall be exclusively for rental occupancy or occupancy by the owner of the secondary residential unit and main dwelling. Sale or ownership of such unit separate from the principal residential unit is prohibited.

P.    Existing Units. Existing secondary residential units that have not been approved by the city shall meet conditions as described in this section to be considered lawful secondary units.

Q.    Design. The design of the secondary unit shall at a minimum match the existing architectural style, exterior materials, window style, roof pitch and entrance features of the principal residence, although a proposed higher quality material may be substituted.

R.    Existing Code Violations. If a property has existing code violations it shall not be eligible for building permits for a secondary dwelling unless the existing violations are corrected to the satisfaction of the Building Official and Code Enforcement Officer. (Ord. 10-003 § 7, 2010; Ord. 03-004 § 1 (part), 2003: Ord. 02-004 § 1 (part), 2002)

17.10.090 Accessory structures.

A.    Number and Height. Accessory buildings and structures are allowed as follows:

1.    Within the R-1 district, one accessory building or structure is allowed with a maximum height of twelve feet, provided it is constructed simultaneously with or subsequent to the main building on the same parcel (for purposes of this subsection only, a detached garage does not count as an accessory building);

2.    Within the R-2 district, two accessory buildings or structures are allowed with a maximum height of twelve feet, provided they are constructed simultaneously with or subsequent to the main building or buildings on the same parcel;

3.    Within the R-3 and R-4 districts, three accessory buildings or structures are allowed with a maximum height of twelve feet, provided they are constructed simultaneously with or subsequent to the main building or buildings on the same parcel; and

B.    Location. Accessory buildings and structures shall be located as follows:

1.    If an accessory building or structure is attached to the main building, it shall be made structurally a part of and have a common wall with the main building and shall comply in all respects with the requirements of this title applicable to the main building.

2.    If an accessory building or structure is not attached to the main building, it shall be located on the rear one-half of the parcel and at least six feet from any residential building existing or under construction on the same parcel or adjacent parcel.

3.    If in conformance with San Pablo’s building codes, an accessory building or structure may be located to within three feet of the side and rear property lines of the rear one-half of the parcel.

C.    Parcel Coverage. All accessory buildings and structures shall be included in the maximum parcel coverage calculation.

D.    Approvals. All accessory buildings and structures are allowed only as approved pursuant to the administrative approval process in Chapter 17.60. (Ord. 03-004 § 1 (part), 2003: Ord. 02-004 § 1 (part), 2002)

17.10.100 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, as defined in Chapter 17.04, 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 Chapter 17.30. (Ord. 03-004 § 1 (part), 2003: Ord. 02-004 § 1 (part), 2002)

17.10.110 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. 03-004 § 1 (part), 2003: Ord. 02-004 § 1 (part), 2002)