Division III. Base District Regulations

Chapter 18.50
RESIDENTIAL DISTRICTS (R)

Sections:

Article I. General

18.50.005    Specific purposes.

18.50.010    RR, RS-40, RS-10, RS-6, RS-5, RS-4, RM, RMD, RH and RHD districts – Land use regulations.

Article II. Development Standards

18.50.100    Review of plans.

18.50.105    RR, RS-40, RS-10, RS-6, RS-5, RS-4, RM, RMD, RH and RHD districts – Property development regulations.

18.50.115    Planting areas.

18.50.120    Exterior materials.

18.50.123    Senior housing units.

18.50.125    Development standards and amenities applicable to all multifamily residential projects.

18.50.130    Garage or carport exception for single-family dwellings.

Article III. Performance Standards

18.50.200    Outdoor storage.

18.50.205    Repairs and related work.

18.50.210    Screening of vehicles and equipment.

Article IV. Accessory Dwelling Units and Junior Accessory Dwelling Units

18.50.300    General.

18.50.302    Definition.

18.50.305    Where permitted.

18.50.310    Administrative review.

18.50.315    Design and development standards.

Article V. Home Occupations

18.50.400    Home occupation permit required.

18.50.405    Standards for home occupation permit.

18.50.410    Zoning administrator approval.

18.50.415    Uses not permitted as home occupations.

18.50.420    Multiple home occupations.

18.50.425    Cessation of use.

18.50.430    Revocation of permit.

Article I. General

18.50.005 Specific purposes.

A. The specific purposes of residential districts are to:

1. Provide areas for residential development that are consistent with the general plan and with standards of public health and safety established by the municipal code;

2. Ensure adequate light, air, privacy, parking and open space for each dwelling and protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental effects;

3. Promote development of housing affordable by low- and moderate-income households by providing a density bonus and/or other incentives, consistent with state law and local ordinances, for projects in which a portion of the units are affordable for such households;

4. Protect residential areas from fires, explosions, landslides, toxic fumes and substances, and other public safety hazards;

5. Protect adjoining single-family residential districts from excessive loss of sun, light, quiet, and privacy resulting from proximity to multifamily development;

6. Achieve design compatibility with surrounding neighborhoods;

7. Provide sites for public and semipublic land uses needed to complement residential development or requiring a residential environment;

8. Ensure the provision of public services and facilities needed to accommodate planned population densities.

B. The additional purposes of specific residential districts are as follows:

1. Rural Residential District (RR). To provide opportunities for rural living and activities, including rural subdivisions and scattered homes on parcels with minimum lot sizes of five up to 20 acres, depending on slopes, soils, topography and other physical conditions.

2. Single-Family Residential District – 40,000 Square Foot Minimum Lot Size (RS-40). To provide opportunities for very low-density residential land use at a maximum density of one dwelling unit per acre, in a development pattern that is compatible with the topography and public service capacities.

3. Single-Family Residential District – 10,000 Square Foot Minimum Lot Size (RS-10). To provide opportunities for low-density single-family residential development in hillside areas, view corridors and environmentally sensitive areas.

4. Single-Family Residential District – 6,000 Square Foot Minimum Lot Size (RS-6). To provide opportunities for single-family detached residences in neighborhoods or in conjunction with agricultural pursuits, subject to appropriate standards. Duplexes and multifamily dwellings such as triplexes and fourplexes existing as of the effective date of the ordinance codified in this title are allowed to remain.

5. Single-Family Residential District – 5,000 Square Foot Minimum Lot Size (RS-5). To provide opportunities for attached or detached single-family residences in existing and new neighborhoods, subject to appropriate standards. Duplexes and multifamily dwellings such as triplexes and fourplexes existing as of the effective date of the ordinance codified in this title are allowed to remain.

6. Single-Family Residential District – 4,000 Square Foot Minimum Lot Size (RS-4). To provide opportunities for attached and detached single-family residences in existing and new neighborhoods, subject to appropriate standards. Duplexes and multifamily dwellings such as triplexes and fourplexes existing as of the effective date of the ordinance codified in this title are allowed to remain.

7. Medium-Density Residential District (RM). To provide opportunities for attached or detached single-family residences and multifamily residences such as townhouses, apartments with 20 or more units, and condominiums. Duplexes and multifamily dwellings such as triplexes and fourplexes existing as of the effective date of the ordinance codified in this title are allowed to remain.

8. Downtown Medium-Density Residential District (RMD). To provide opportunities for residential development with increased land coverages for attached or detached single-family residences and multifamily residences such as townhouses, apartment complexes with 16 or more units, and condominiums. Duplexes and multifamily dwellings such as triplexes and fourplexes existing as of the effective date of the ordinance codified in this title are allowed to remain.

9. High-Density Residential District (RH). To provide opportunities for an intensive form of residential development and institutional uses with relatively high land coverage, including single-family attached units, apartment complexes with 20 or more units, and condominiums, at appropriate locations in the city. Multifamily projects that incorporate a community benefit such as affordable housing may be permitted density increases that result in a maximum of 40 dwelling units per acre.

10. Downtown High-Density Residential District (RHD). To provide opportunities for an intensive form of residential development and institutional uses in the downtown with high land coverage, including apartment complexes with 16 or more units, and condominiums. Multifamily residential developments that incorporate a community benefit such as affordable housing may be permitted density increases that result in a maximum of 40 dwelling units per acre. [Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.50.010 RR, RS-40, RS-10, RS-6, RS-5, RS-4, RM, RMD, RH and RHD districts – Land use regulations.

In the following schedule, the letter “P” designates use classifications permitted in residential districts. The letter “L” designates use classifications subject to certain limitations prescribed under the “Additional Use Regulations” which follow. The letter “U” designates use classifications permitted on approval of a use permit (Chapter 18.28 PMC). The letter “T” designates temporary use classifications permitted on approval of a temporary activity permit. The letter “Z” designates use classifications permitted on approval of the zoning administrator. The symbol (–) under any of the zoning district columns indicates that the use is not allowed in that particular district.

RR, RS-40, RS-10, RS-6, RS-5, RS-4, RM, RMD, RH AND RHD DISTRICTS – LAND USE REGULATIONS
 

P = Permitted

U = Use Permit, Planning Commission

T = Temporary Activity Permit

L = Limited (See Additional Use Regulations)

Z = Use Permit, Zoning Administrator

– = Not Permitted

 

RR

RS-40

RS-10

RS-6

RS-5

RS-4

RM

RMD

RH

RHD

Residential

Congregate care residential

L-164

L-164

L-164

L-101

L-101

L-101

L-101

Day care home

 

 

 

 

 

 

 

 

 

 

Small

P

P

P

P

P

P

P

P

P

P

Large

L-163

L-163

L-163

L-163

L-163

L-163

L-163

L-163

L-163

L-163

Group residential

U

U

U

U

Multifamily residential

P

P

P

P

Residential care, limited

L-101

L-101

L-101

L-101

L-101

L-101

L-101

L-101

L-101

L-101

Single-family residential

 

 

 

 

 

 

 

 

 

 

Attached

P

P

P

P

P

P

Detached

P

P

P

P

P

P

P

P

L-102

Supportive housing

P

P

P

P

Transitional housing

P

P

P

P

Governmental and Quasipublic

Cemetery

U

Club and lodge

U

U

U

U

College, public or private

L-32

L-32

L-32

L-32

Convalescent facility

L-104

L-104

L-104

L-104

Cultural institution

U

U

U

U

Day care, general

U

U

U

U

L-105

L-105

L-105

L-105

Park and recreation facility

L-2

L-2

L-2

L-2

L-2

L-2

L-2

L-2

L-2

L-2

Public safety facility

U

U

U

U

U

U

U

U

U

U

Religious assembly

U

U

U

U

U

U

U

U

U

U

Residential care, protective

U

U

U

U

School, public or private

L-32

L-32

L-32

L-32

L-32

L-32

L-32

L-32

L-32

L-32

Telecommunication facility

P

P

P

P

P

P

P

P

P

P

Utility, minor

P

P

P

P

P

P

P

P

P

P

Commercial

Animal sales and service

 

 

 

 

 

 

 

 

 

 

Animal grooming

 

L-161

L-161

L-161

L-161

L-161

L-161

L-161

Animal hospital

L-161

L-161

L-161

L-161

L-161

L-161

L-161

Bank and savings and loan

L-161

L-161

L-161

L-161

L-161

L-161

L-161

ATM

L-161

L-161

L-161

L-161

L-161

L-161

L-161

Commercial recreation and entertainment, limited

L-161, L-162

L-161, L-162

L-161, L-162

L-161, L-162

L-161, L-162

L-161, L-162

L-161, L-162

Eating and drinking establishments

 

 

 

 

 

 

 

 

 

 

Food shop

L-161

L-161

L-161

L-161

L-161

L-161

L-161

Restaurant, full-service

L-161

L-161

L-161

L-161

L-161

L-161

L-161

Restaurant, self-service

L-161

L-161

L-161

L-161

L-161

L-161

L-161

Restaurant, take-out

L-161

L-161

L-161

L-161

L-161

L-161

L-161

Restaurant with outdoor dining

L-161, L-128

L-161, L-128

L-161, L-128

L-161, L-128

L-161, L-128

L-161, L-128

L-161, L-128

Food and beverage sales

 

 

 

 

 

 

 

 

 

 

Grocery

L-161

L-161

L-161

L-161

L-161

L-161

L-161

Specialty food market

L-161

L-161

L-161

L-161

L-161

L-161

L-161

Medical services office

L-161

L-161

L-161

L-161

L-161

L-161

L-161

Personal improvement services

L-161

L-161

L-161

L-161

L-161

L-161

L-161

Personal services

L-161

L-161

L-161

L-161

L-161

L-161

L-161

Retail and wholesale sales

 

 

 

 

 

 

 

 

 

 

General merchandise, retail and rental

L-161

L-161

L-161

L-161

L-161

L-161

L-161

Secondhand appliance and clothing store

L-161

L-161

L-161

L-161

L-161

L-161

L-161

Vehicle/equipment sales and service

 

 

 

 

 

 

 

 

 

 

Service station

L-161

L-161

L-161

L-161

L-161

L-161

L-161

Visitor accommodations

 

 

 

 

 

 

 

 

 

 

Bed and breakfast inn

U

U

U

U

L-106

L-106

L-106

L-106

Accessory Uses

Accessory uses

L-30

L-30

L-30

L-30

L-30

L-30

L-30

L-30

L-30

L-30

Accessory structures

 

 

 

 

 

 

 

 

 

 

Nonresidential accessory structure

P

P

P

P

P

P

P

P

P

P

Accessory dwelling unit

L-107

L-107

L-107

L-107

L-107

L-107

L-107

L-107

L-107

L-107

Accessory living quarters

P

P

P

P

P

P

P

P

P

P

Temporary Uses

 

Animal show

T

Christmas tree sales

Commercial filming, limited

T

T

T

T

T

T

T

T

T

T

Personal property sales

P

P

P

P

P

P

P

P

P

P

Real property sales

P

P

P

P

P

P

P

P

P

P

Rummage sales

T

T

T

T

T

T

T

T

T

T

 

RR, RS-40, RS-10, RS-6, RS-5, RS-4, RM, RMD, RH AND RHD DISTRICTS
– ADDITIONAL USE REGULATIONS
 

L-2

Publicly owned facilities permitted. Privately owned noncommercial facilities, including swim clubs or tennis clubs, shall be subject to a use permit.

L-30

Permitted, except that a home occupation is governed by PMC 18.50.400 through 18.50.430.

L-32

Use permit required for private institution; public schools permitted.

L-101

Permitted; provided, that such uses shall be separated from each other by a minimum distance of 300 feet, measured from any point upon the outside wall of the structure(s) housing the facility.

L-102

Each lot existing as of June 20, 2007, shall be allowed one single-family residence as a conditionally permitted use, except that for an existing single-family residence for which a building permit was issued prior to June 20, 2007, plans for proposed building additions shall be reviewed by the city planner. Prior to approving the use permit, the commission must make the findings specified in PMC 18.16.040 and must find that the site is not of adequate size to allow construction of apartment or condominium residences in accordance with the regulations summarized in Schedule 18.50.105. Development standards applicable to new construction of or addition to a single-family residence shall be those of the RMD district.

L-104

Permitted when designed as an integral component of a senior housing development.

L-105

Permitted; provided, that the facility is designed as an ancillary part of a multifamily residential project and serves only residents of the multifamily complex. A use permit is required if the facility does not meet both of these criteria.

L-106

Limited to properties located within the downtown subarea as designated in the general plan. Use permit required.

L-107

Permitted, subject to the requirements of PMC 18.50.300 through 18.50.315.

L-128

An outdoor dining permit is required for all outdoor dining activities.

L-161

Zoning administrator use permit approval required in accordance with PMC 18.14.020 and 18.16.040. Also, a new use must be (1) located within an existing structure that was built prior to October 20, 2010; (2) located within 300 feet of an existing collector/arterial roadway; and (3) cannot be located within a single-family home or any other residential structure that was constructed for exclusive use as a dwelling unit.

L-162

Limited to health/fitness clubs/gyms.

L-163

Permitted; provided, that (1) outdoor activities shall not occur before 8:00 a.m. on weekdays and 9:00 a.m. on weekends, and shall not occur after 9:00 p.m. any day of the week; (2) a minimum of one paved off-street drop-off/pick-up parking space is provided on site (note, this is in addition to any required parking for the residential unit); (3) the off-street parking space is reserved exclusively for child loading and drop-off during all hours of operation, and parents shall be provided notice about the availability of the designated drop-off/pick-up location; and (4) the use is separated from other large family day care homes by a minimum of 300 feet in all directions, as measured from property line to property line. Zoning administrator approval required for any use that does not meet all of these requirements. Zoning administrator approval process (when required) shall adhere to the requirements of state law, including the California Child Day Care Facilities Act (California Health and Safety Code Section 1597.46(a)(3)), as amended from time to time.

L-164

Zoning administrator use permit approval required in accordance with PMC 18.14.020 and 18.16.040. Also must be (1) located within an existing structure that was built prior to October 20, 2010; (2) located within 300 feet of an existing collector/arterial roadway.

[Ord. 17-1424 § 4 (Exh. A), 2017; Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 12-1356 § 3, 2012; Ord. 10-1327 § 3 (Exh. A), 2010; Ord. 09-1322 § 3, 2009; Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 1257 § 4 (Exh. B), 2005; Ord. 979 § 2 (Exh. A), 1990.]

Article II. Development Standards

18.50.100 Review of plans.

All projects require design review (Chapter 18.36 PMC). [Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.020.]

18.50.105 RR, RS-40, RS-10, RS-6, RS-5, RS-4, RM, RMD, RH and RHD districts – Property development regulations.

Schedule 18.50.105 prescribes development regulations for residential districts. The column beneath each district heading establishes basic requirements for permitted and conditional uses for that district. The symbol (–) under any of the zoning district columns indicates either not applicable or no regulation for that particular classification. Additional land use-specific development regulations are identified in the subsequent sections of this article. [Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 05-1257 § 4 (Exh. B1), 2005; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.015.]

 

Schedule 18.50.105

RR, RS-40, RS-10, RS-6, RS-5, RS-4, RM, RMD, RH AND RHD DISTRICTS – PROPERTY DEVELOPMENT REGULATIONS 

Development Classifications

RR

RS-40

RS-10

RS-6

RS-5

RS-4

RM

RMD

RH

RHD

Maximum density (min. lot area per unit – sq. ft.)

5 acres

1 acre

10,000

6,000

5,000

4,000

3,000

2,500

1,800a

1,500b

Maximum height (ft.)

Apartments

35

40

45

40

Condominium or PUD

35

40

45

40

Single-family dwellings, attached

28

28

35

28

35

40

Single-family dwellings, detached

30

35

28

28

28

28

28

28

Nonresidential uses

30

35

28

28

28

28

35

40

45

40

Maximum coverage

Apartments

50%

60%

60%

80%

Condominium or PUD

60%

60%

60%

80%

Single-family dwellings, attached

50%

50%

60%

60%

75%

90%

Single-family dwellings, detached

10%

15%

30%

40%

50%

50%

60%

60%

Nonresidential uses

10%

15%

30%

40%

45%

45%

50%

60%

60%

80%

Minimum lot area (sq. ft.)

Apartments

60,000

50,000

36,000a

30,000b

Condominium or PUD

5,000

4,000

4,000

3,000

Single-family dwellings, attached

5,000

4,000

2,500

2,000

2,000

1,500

Single-family dwellings, detached

5 acres

1 acre

10,000

6,000

5,000

4,000

3,000

2,500

Nonresidential uses

5 acres

1 acre

10,000

6,000

5,000

5,000

5,000

5,000

5,000

5,000

Minimum lot width (ft.)

Apartments

100

100

100

100

Condominium or PUD

30

30

30

30

Single-family dwellings, attached

50

40

30

20

20

20

Single-family dwellings, detached

200

150

80

60

50

40

30

30

Nonresidential uses

200

150

80

60

60

60

100

100

100

100

Minimum front yard (ft.)

Apartments

15

10

15

10

Condominium or PUD

15

10

15

10

Single-family dwellings, attached

20

15

15

10

10

10

Single-family dwellings, detached

30

25

20

20

20

15

15

10

Nonresidential uses

30

25

20

20

20

15

15

10

15

10

Minimum side yard (ft.)

 

 

 

 

 

 

 

 

 

 

Apartments

7.5

5

7.5

5

Condominium or PUD

7.5

5

7.5

5

Single-family dwellings, attached

0

0

0

0

0

0

Single-family dwellings, detached

15

10

7.5

5

5

3 – 5f

3 – 5f

3 – 5f

Nonresidential uses

15

10

10

5

5

5

5

5

5

5

Minimum corner side yard (ft.)

 

 

 

 

 

 

 

 

 

 

Apartments

15

10

15

10

Condominium or PUD

15

10

15

10

Single-family dwellings, attached

10

10

10

15

10

Single-family dwellings, detached

25

20

15

10

10

10

10

10

Nonresidential uses

25

20

15

10

10

10

10

10

15

10

Minimum rear yard (ft.)

 

 

 

 

 

 

 

 

 

 

Apartments

10

10

10

5

Condominium or PUD

10

10

10

5

Single-family dwellings, attached

15c

15c

10

10

5

Single-family dwellings, detached

30

25

15

10

15c

15c

15c

10

Nonresidential uses

30

25

15

10

10

10

10

10

10

10

Maximum nonresidential FAR

 

 

 

 

 

 

 

 

 

 

Apartments

Condominium or PUD

Single-family dwellings, attached

Single-family dwellings, detached

Nonresidential uses

0.2

0.25

0.5

0.5

0.5

0.5

0.6

0.6

0.75

0.75

Minimum site landscaping

 

 

 

 

 

 

 

 

 

 

Apartments

25%

20%

20%

20%

Condominium or PUD

25%

20%

20%

20%

Single-family dwellings, attached

Single-family dwellings, detached

Nonresidential uses

30%

25%

20%

20%

15%

10%

10%

5%

10%

5%

Minimum private storage area (cubic ft. per unit)

 

 

 

 

 

 

 

 

 

 

Apartments

200d

200d

200d

200d

Condominium or PUD

200d

200d

200d

200d

Single-family dwellings, attached

200d

200d

200d

200d

Single-family dwellings, detached

Nonresidential uses

Minimum private open space (sq. ft. per unit)

 

 

 

 

 

 

 

 

 

 

Apartments

60e

60e

60e

60e

Condominium or PUD

60e

60e

60e

60e

Single-family dwellings, attached

60e

60e

60e

60e

Single-family dwellings, detached

Nonresidential uses

a.    Residential projects that incorporate more than the minimum number of affordable units required under Chapter 18.86 PMC are permitted an increase in the maximum density identified in this schedule. For each two percent increase in deed restricted lower-income units offered above that required by Chapter 18.86 PMC, lot area per unit may be reduced 100 square feet per unit and minimum lot area may be reduced 2,000 square feet.

    In no case, however, shall lot area per unit be less than 1,100 square feet per residential unit, nor shall minimum lot area be less than 22,000 square feet.

b.    Residential projects that incorporate more than the minimum number of affordable units required under Chapter 18.86 PMC are permitted an increase in the maximum density identified in this schedule. For each two percent increase in deed restricted lower-income units offered above that required by Chapter 18.86 PMC, lot area per unit may be reduced 100 square feet per unit and minimum lot area may be reduced 2,000 square feet.

    In no case, however, shall lot area per unit be less than 1,100 square feet per residential unit, nor shall minimum lot area be less than 22,000 square feet, unless the planning commission finds that the site encompasses an entire city block and that the area of the given city block is not adequate in size to support 20 or more units. Alternatively, the planning commission may find that a multifamily development consisting of fewer than 20 units would better serve the public interest because more than 50 percent of the units in the development would be rental units with three or more bedrooms. Upon making one or both of the findings stated above, minimum site area may be reduced to no less than 18,000 square feet.

c.    The minimum required rear yard may be reduced to 10 feet for a residential property located in a subdivision with a tentative map approved prior to June 20, 2007.

d.    Each private storage space required by this section shall have minimum horizontal area of 24 square feet, and shall consist of enclosed, weather-proofed and lockable private storage space in addition to guest, linen, pantry, and clothes closets customarily provided. The space for each unit may be provided in a location approved by the city planner, but must not be divided into two or more locations.

e.    Each private open space required by this section shall have a horizontal dimension of no less than six feet of length or width. On-site recreation facilities and common open space (other than required front and street side yards and parking facilities) may be used as credit towards this requirement.

f.    Interior side yard setbacks shall be a minimum 10 percent of the lot width, with a three-foot minimum and a five-foot maximum required. This section shall not be construed as to disallow side yard setbacks greater than five feet. If, in applying the requirements of this section, a fractional number is obtained, the required setback shall be rounded to the nearest half-foot increment.

[Ord. 17-1433 § 4 (Exh. A), 2017; Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990. Formerly Schedule 18.50.015.]

18.50.115 Planting areas.

A. Yards Adjoining Streets. All visible portions of a required yard adjoining a street must be planting area or hardscape that includes parking areas, driveways and walks, as well as areas covered by ornamental gravel, crushed rock or similar materials.

B. Interior Yards. In the RM and RH districts, at least 50 percent of each required interior side yard and rear yard must be planting area having a minimum width of five feet adjoining a side or rear property line; provided, that the width of a required planting area may be reduced to two feet in a side or rear yard adjoining a driveway and an accessory structure may occupy a portion of the planting area in a rear yard. [Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.330(C).]

18.50.120 Exterior materials.

In each R district, the exterior walls of each structure, other than an accessory structure, must have a nonmetallic finish. [Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.305.]

18.50.123 Senior housing units.

A. Within each subdivision or site intended for, or building within which the residents of the dwelling units are, senior citizens, all of the dwelling units designated for occupancy by senior citizens shall be handicapped accessible.

B. Notwithstanding the off-street parking requirements identified in PMC 18.78.040(A), the minimum off-street parking requirements for housing units designated for occupancy by senior citizens shall be determined by the zoning administrator or planning commission, as appropriate, in conjunction with the zoning approval process. [Ord. 07-1284 § 3 (Exh. D), 2007.]

18.50.125 Development standards and amenities applicable to all multifamily residential projects.

A. Laundry Facilities. A residential site containing multifamily residential units must have either a laundry area in each unit or a common laundry area consisting of not less than one automatic washer and dryer for each five units or fractional part.

B. Park Land Dedication. Each multifamily rental housing project is subject to the park land dedication requirements prescribed by PMC 17.32.020 because apartments contribute to increased demand for community and neighborhood parks in the same manner as condominiums and single-family housing. The applicant must dedicate land or pay a fee, or dedicate land and pay a fee in combination as provided by PMC 17.32.020(G). The partial credit for private open space improvement and common open space allowed under PMC 17.32.020(I) applies to multifamily rental housing projects if the standards of that section and all of the following conditions are met:

1. The multifamily rental housing project incorporates an affordability component that exceeds, by five or more percent, the minimum requirement for dedication of lower-income renter units as specified in PMC 18.86.060; and

2. At least 25 percent of the units within the multifamily rental project have three or more bedrooms; and

3. At least 50 percent of the units with three or more bedrooms are lower-income renter units; and

4. Five or more of the park elements identified in PMC 17.32.020(I)(6) are provided on-site and incorporated into the design of the improvements for the rental housing project.

Fees required pursuant to this subsection are calculated according to a schedule adopted by the city council by resolution or ordinance and are payable at the time a building permit is issued. [Ord. 07-1284 § 3 (Exh. D), 2007.]

18.50.130 Garage or carport exception for single-family dwellings.

A single-family dwelling constructed in a subdivision approved before December 31, 1961, except for those listed in subsection (E) of this section, that has subsequently and with zoning approval had the garage or carport converted to be used for other than the storage of automobiles is considered to be in conformance with this title and is subject to the following conditions:

A. After the effective date of the ordinance codified in this section, the owner of such property who wishes to convert the garage or carport must make an application for zoning approval from the city planner. A processing fee shall accompany the application in the amount set forth by city council resolution.

B. The application for zoning approval must be accompanied by plans and elevations necessary to show the detail of the lot and converted area.

C. The city planner may approve the garage or carport conversion and issue a zoning permit if the structure meets the requirements of the building division and housing code contained in this code.

D. The applicant must apply and pay for any permit required or that would have been required under PMC Title 15 for the alteration work. All such work shall be inspected and approved by the building official.

E. This exemption does not apply to any building constructed within the above-mentioned subdivisions that were constructed after one year from December 31, 1961, and to the following subdivisions:

Hillview Subdivision No. 2327;

The Highlands Subdivision No. 2639;

Ridgeview Terrace Subdivision No. 2930. [Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.315.]

Article III. Performance Standards

18.50.200 Outdoor storage.

A. Storage of Unsightly Objects and Other Equipment. A person may not store, park, or place a camper shell, sofa, appliance, mechanical equipment, or any other unsightly objects in the front yard or in the corner side yard of an occupied lot or in any part of a vacant lot in an R district for a period of more than 24 hours in any one calendar month. This does not apply to building material or equipment for use on the site during the time a building permit is in effect for construction on the premises.

B. Placement of Automobiles. A person may not keep, store, park, or allow to be parked or left unattended any automobile (whether or not registered or capable of operation) on any unpaved portion of a front or corner side yard.

C. Placement of Vehicles and Vessels. A person may not keep, store, park, or allow to be parked or left unattended on a property any boat, utility or travel trailer, or recreational vehicle, except as allowed by PMC 18.78.070. [Ord. 07-1294 § 3, 2007; Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.405.]

18.50.205 Repairs and related work.

A. Site Location Limitations. A person may not park, store, place or allow to remain in the front yard or the comer side yard of an occupied lot or in any part of a vacant lot in an R district any motor vehicle, motorcycle, bicycle, boat, trailer, camper shell, household appliance, or other mechanical apparatus or device for the purpose of disassembling, constructing, reconstructing, repairing, or servicing. However, a person may perform repair or related work on an item referred to on a driveway within a front or corner side yard of a lot occupied by a main building for a period of no more than 24 hours at a time, or for no more than 24 hours in any one calendar month. Such repair or related work is limited to work conducted on a vehicle registered to, or other item owned by, a resident of the property.

B. Nighttime Repair Work. A person may not disassemble, construct, reconstruct, repair, or service an item referred to in subsection (A) of this section outside a building in an R district between the hours of 9:00 p.m. and 8:00 a.m.

C. Spray Painting, Welding and Burning. A person may not operate spray painting, welding or burning equipment that uses compressed gas or a similar device, in the front yard or in the corner side yard of an occupied lot or in any part of a vacant lot in an R district, for the purpose of painting, repairing, wrecking, dismantling, assembling, fabricating, or constructing an item referred to in subsection (A) of this section. [Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.410.]

18.50.210 Screening of vehicles and equipment.

Repair or storage of vehicles or equipment not otherwise restricted by PMC 18.50.200 and 18.50.205 and Chapter 18.78 PMC must be screened from view on all sides by a fence, wall or hedge. [Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.415.]

Article IV. Accessory Dwelling Units and Junior Accessory Dwelling Units

18.50.300 General.

This article is intended to implement the general plan housing policy on accessory dwelling units, adopted in part in response to Government Code Section 65852.1 et seq., by allowing an accessory dwelling unit in residential districts, subject to approval by the city planner. [Ord. 20-1476 § 1, 2020; Ord. 17-1433 § 4 (Exh. A), 2017; Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.100.]

18.50.302 Definition.

An “accessory dwelling unit (ADU)” shall mean an attached or detached residential dwelling that is subordinate to a primary dwelling on the same lot, and that provides complete independent and permanent facilities for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling. An accessory dwelling unit may include a prefabricated or manufactured home on a permanent foundation.

An “efficiency kitchen” is as defined in Section 17958.1 of the Health and Safety Code.

A “junior accessory dwelling unit (JADU)” is a unit no larger than 500 square feet and contained entirely within the walls of a single-family dwelling. A JADU includes an efficiency kitchen, sleeping facilities, and may include its own bathroom or it may share a bathroom within the existing structure.

“Livable area” is defined as the interior habitable space of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

A “primary dwelling” refers to the main single-family or multifamily dwelling unit on site, absent the space devoted to or designated as the accessory dwelling unit or junior accessory dwelling unit.

“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. [Ord. 20-1476 § 1, 2020; Ord. 17-1433 § 4 (Exh. A), 2017.]

18.50.305 Where permitted.

An accessory dwelling unit is permitted in any residential district or planned development district on each lot that has a single-family dwelling or multifamily dwelling.

A junior accessory dwelling is permitted in conjunction with a single-family residential use in all zoning districts. [Ord. 20-1476 § 1, 2020; Ord. 17-1433 § 4 (Exh. A), 2017; Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.105.]

18.50.310 Administrative review.

An application for an accessory dwelling unit and/or junior accessory dwelling unit meeting the following development standards shall be processed ministerially. In accordance with PMC 18.32.010(B), an accessory dwelling unit and/or junior accessory dwelling unit shall be approved if the unit complies with all of the following:

A. The unit is not intended for sale and may be rented, except to a qualified nonprofit corporation as authorized by Government Code Section 65852.26;

B. The lot is zoned for single-family, multifamily residential use, or mixed use;

C. The dwelling conforms to the design and development standards for an accessory dwelling unit established in PMC 18.50.315;

D. The accessory unit structure is compatible with the design of the primary dwelling unit in terms of building materials, colors and exterior finishes and architectural style;

E. Public and utility services including emergency access are adequate to serve both dwellings;

F. The accessory dwelling unit complies with the development standards applicable to “single-family dwellings, detached,” within the residential or planned development district in which the primary dwelling is located, except as allowed by PMC 18.50.315;

G. The primary dwelling and junior accessory dwelling unit shall not be occupied by two separate households under two separate leases. The primary dwelling and junior accessory dwelling unit built on the property shall be separately occupied only if the owner occupies one of the units. A deed restriction prohibiting sale and restricting the size and attributes of the JADU shall be recorded with the Contra Costa County recorder, on a form prepared by the city planner, and shall be a covenant running with the land. No certificate of occupancy shall be issued or no final inspection shall be conducted for the junior accessory dwelling unit unless the owner has submitted to the city planner a copy of the recorded restriction required by this subsection. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization;

H. The property owner must file an application with the planning division, which shall include:

1. Plans and elevations showing the proposed JADU and/or ADU and its relation to the primary dwelling, all existing or proposed structures on site, and all property lines;

2. Description of building materials;

3. Landscaping and exterior finish to be used;

4. Location of required parking pursuant to PMC 18.50.315;

5. Footprint (in square feet) of all existing and proposed structures, as well as the total lot coverage;

6. Any other information required to determine whether the proposed unit conforms to the requirements of this article;

I. The property owner must register the JADU or ADU, if a rental, with the city of Pittsburg residential rental inspection program. No ADU or JADU shall be rented for a term of 30 days or less. [Ord. 20-1476 § 1, 2020; Ord. 17-1433 § 4 (Exh. A), 2017; Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.110.]

18.50.315 Design and development standards.

Schedule 18.50.315 prescribes specific design and development standards for accessory dwelling units and junior accessory dwelling units. The column beneath each accessory dwelling unit classification heading establishes basic requirements for accessory dwelling unit development. Additional land-use-specific development regulations are identified in PMC 18.50.310.

Schedule 18.50.315: Accessory Dwelling Units and Junior Accessory Dwelling Units – Development Regulations 

Unit Classification

JADU

Attached ADU

Detached ADU

Number of Units

1 per lot within the primary dwelling.

1 per lot with a primary dwelling.

 

With a multifamily residential use, multiple ADUs within portions of the existing structure that were not used as livable area, to no more than 25 percent of the existing dwelling units on site.

1 per lot with a primary dwelling.

 

With a multifamily residential use, up to 2 detached units per lot.

Maximum Unit Size

500 square feet

Lesser of 50 percent of the primary dwelling floor area, or 1,200 square feet.

1,200 square feet.

Height and Setbacks

Not applicable

(1)    Not permitted within any portion of an established front yard, as defined by PMC 18.06.745(B).

(2)    Minimum 4 feet side, corner side and/or rear yard setback provided the maximum height does not exceed 16 feet with a roof having a pitch of 3:12 or greater.

(3)    Corner side yard setback may be increased as necessary to maintain a sight distance triangle formed by the intersecting street lines and a line joining points on these street lines at a distance of 30 feet from the intersection of these lines.

(1)    Not permitted within any portion of an established front yard, as defined by PMC 18.06.745(B).

(2)    Must be located at least 4 feet from the walls of the primary dwelling unit or an accessory structure.

(3)    Minimum 4 feet side, corner side and/or rear yard setback, provided the maximum height does not exceed 16 feet with a roof having a pitch of 3:12 or greater.

(4)    Corner side yard setback may be increased as necessary to maintain a sight distance triangle formed by the intersecting street lines and a line joining points on these street lines at a distance of 30 feet from the intersection of these lines.

Exterior Appearance

The junior accessory dwelling unit shall be constructed within the walls of the proposed or existing single-family residence to be compatible with the design of the primary dwelling unit in terms of building materials, colors and exterior finishes and architectural style.

The accessory dwelling unit must be compatible with the design of the primary dwelling unit in terms of building materials, colors and exterior finishes and architectural style. The entrance of an attached accessory dwelling unit shall not be visible from the public right-of-way.

The accessory dwelling unit must be in harmony with the primary dwelling unit or convey the appearance of a single-family home.

Conversion of an Existing Structure

An accessory structure lawfully established that does not conform to 1 or more of the development standards contained in this section may be converted to an accessory dwelling unit, provided the structure: (a) meets the criteria established in PMC 18.50.310; (b) and may be altered up to 150 square feet as not to increase the discrepancy between the existing nonconforming conditions and the standards contained in this section; and (c) any walls within setback areas comply with applicable building and fire codes.

Building Foundation

Permanent foundation required.

Unit Access

The separate entrance of an attached junior accessory dwelling unit and may include an interior connection to the single-family dwelling and may be secured by a locking door.

Separate unit access required. The exterior entry shall not be visible from the public right-of-way. If the exterior entry is on the second floor, the stairway shall not be located in the front of the primary dwelling. Interior access between an attached accessory dwelling unit and the primary dwelling may be provided and may be a door equipped with a double lock.

Separate unit access required. If the exterior entry is on the second floor, the stairway shall not be located in the front of the primary dwelling.

Kitchen Facilities

An efficiency kitchen shall include cooking facilities and a food preparation counter with storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

Separate kitchen facilities required.

Sanitation Facilities

A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

Separate sanitation facilities required.

Utility Meters

Separate gas and electric meters may be permitted if approved by the chief building official and utility provider.

Required Parking

No additional parking stalls required.

1 spacea or zerob, c

a    Required parking space(s) may be in tandem with required parking for the primary dwelling unit.

b    No additional parking shall be required for an accessory dwelling unit which meets one or more of the following: (a) is located within one-half mile of a public transit stop (in such cases, the one-half mile standard shall be based on the actual walking route between the accessory dwelling unit and the transit stop rather than on a straight line between the two points); (b) is located within an architecturally and historically significant historic district; (c) is located entirely within the existing primary dwelling or an existing accessory structure and results in no net addition of floor area on the property; (d) when on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or (e) when there is a car share vehicle located within one block of the accessory dwelling unit.

c    When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, no replacement of off-street parking is required.

[Ord. 20-1476 § 1, 2020; Ord. 17-1433 § 4 (Exh. A), 2017; Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.115.]

Article V. Home Occupations

18.50.400 Home occupation permit required.

A home occupation is permitted in an R district as an accessory use for a dwelling unit upon the issuance of a home occupation permit. [Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.200.]

18.50.405 Standards for home occupation permit.

A home occupation permit may be issued only if the use meets all of the following conditions:

A. The home occupation is not incompatible in any way with the residential character of the neighborhood;

B. There is no external evidence of its operation;

C. The use conforms to all of the following conditions:

1. Only a resident of the dwelling unit may be engaged or employed in the home occupation;

2. The primary function of the home occupation will not necessitate providing services to customers or clients within or on the site of the dwelling unit. An exception to this condition is the provision of an educational service and the supply of goods or materials to be used in conjunction with the educational service if the educational service does not create a neighborhood nuisance by the generation of noise or pedestrian or vehicular traffic beyond that normal for the area in which the use is located;

3. No goods, samples, materials or objects in connection with the operation of the home occupation may be stored or displayed on the site of the dwelling unit. This condition is not intended to prohibit the temporary interior storage of materials used in the operation of the home occupation; provided, that the storage complies with subsection (C)(5) of this section and does not create a health or safety problem or neighborhood nuisance;

4. No goods, products, or items may be maintained and sold from the dwelling as an activity of the home occupation, except as provided by subsection (C)(2) of this section. This does not include an activity regulated under the temporary use section of this title;

5. Not more than 20 percent of the total floor area of the dwelling or 10 percent of the site may be used in conjunction with the home occupation;

6. No sign, nameplate, or any other form of advertising used in connection with the home occupation may be displayed on the site;

7. No structure, addition, alteration or remodeling of the dwelling is permitted in connection with the home occupation;

8. Access to that portion of the dwelling used for the home occupation may only be through the main entrance to the dwelling unit;

9. One commercial motor vehicle, not exceeding a gross vehicle weight of 15,000 pounds, together with equipment, tools, and stock-in-trade may be maintained on the site provided such vehicle is used as the applicant’s means of transportation and such tools and equipment are not used for the performance of services on the site and stock-in-trade is not sold from the site;

10. No noise, dust, smoke, odor, nor electrical interference may be emitted in conjunction with the home occupation and the use must comply with the performance standards prescribed by Chapter 18.82 PMC.

The planning staff may refuse a home occupation permit even though the use may technically qualify with all these conditions if it finds that there is the possibility that the use may disrupt the residential neighborhood or that it is not in keeping with the intent and purpose of a home occupation. [Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.205.]

18.50.410 Zoning administrator approval.

If an application for a home occupation permit does not comply with every condition listed in PMC 18.50.405, or if the application is refused by the planning staff, the applicant may file for a zoning administrator approval under the provisions of PMC 18.32.010. The zoning administrator may issue a home occupation permit under the following provisions:

A. The zoning administrator must find that:

1. The establishment, maintenance or conduct of the home occupation, or the conditions under which the use will be conducted in this particular case, will not be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in, or adjacent to, the neighborhood of such use, and will not, in this particular case, be detrimental to the public welfare or injurious to property in such neighborhood;

2. The home occupation, in this case, will not be objectionable or undesirable because of potential noise, increased pedestrian or vehicular traffic, dust, smoke, odors, or any other condition which may interfere with the general welfare of the surrounding residential area; and

3. The establishment, maintenance, and conduct of the use generally complies with the intent of a home occupation as defined in this title.

B. In approving the home occupation permit, the zoning administrator may impose such conditions considered necessary to protect the best interests of the surrounding area or neighborhood, in line with the standards prescribed in this section and with the general plan. [Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.210.]

18.50.415 Uses not permitted as home occupations.

The following occupations or activities and every similar use when conducted on a commercial basis and performed on the site of the applicant’s dwelling may not be considered a home occupation and therefore not permitted in an R district.

A. The repair, manufacture, processing, or alteration of goods, materials, objects, or equipment. However, dressmaking, tailoring and the manufacturing of arts and crafts items or the creation of artistic works, intended for off-site sale in which no equipment or process is used which creates an adverse impact on the neighborhood is permitted if the activity complies with PMC 18.50.405. This provision is also not intended to exclude the creation or processing of clerical, graphic, computer-generated, or administrative associate products;

B. A use involving food handling, processing, or packing;

C. Harboring, training, or raising animals, with the exception of the breeding and selling of no more than two litters or broods of domestic animals in any calendar year;

D. Either major or minor vehicle equipment repair or painting, including off-site mobile services. However, windshield or glass repair and minor dent removal are permitted; provided, that the service does not necessitate removal or replacement of any automobile body panel, engine part or paint; and provided, that the activity complies with the provisions of PMC 18.50.205 and 18.50.405;

E. Sale or servicing of firearms or ammunition;

F. Automobile washing and detailing, including off-site mobile services. [Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.215.]

18.50.420 Multiple home occupations.

More than one home occupation may be located in a dwelling unit but each use is considered a separate business and must obtain a home occupation or zoning administrator approval. [Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.220.]

18.50.425 Cessation of use.

A permit granted under this article becomes null and void if either the use ceases for a period of six consecutive months or if the home occupation is no longer conducted by the applicant to which the permit was granted. [Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.225.]

18.50.430 Revocation of permit.

A permit granted under this article may be revoked by the zoning administrator by following the notice hearing and determination provisions of PMC 18.28.100 and 18.28.110 except that the zoning administrator rather than the planning commission shall hear and decide the matter. [Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.50.230.]