Alameda County Municipal Code Ch. 17.31 Housing Element Overlay and Combining District

The district, designated as the housing element (HE) zoning overlay district, is established to be combined with other districts to provide permit streamlining, incentivize the production of housing at all income levels, and to allow for variations in the intensity of development. The HE district is aligned with the base district per the density permitted by general plans, specific plans and/or zoning. The purpose of this Chapter 17.31 is to provide guidelines and approval procedures for the development and improvement of land within HE districts in unincorporated Alameda County.

(Ord. No. 2024-41, § 2, 12-17-24)

The HE district map shows all the overlay parcels and designates the maximum density which shall then determine the applicable development standards and objective design standards described in Table 1 below, Section 17.31.050, review process and procedure. The map also depicts those sites identified for low-income households, and the provisions of subsections 17.31.040(C) and 17.31.040(F) shall apply on these sites.

(Ord. No. 2024-41, § 2, 12-17-24)

The HE district regulations shall apply to all parcels identified in the adopted housing element zoning overlay district map (as amended).

(Ord. No. 2024-41, § 2, 12-17-24)

A. In a combining HE district all regulations shall remain the same as in the base district with which the HE district is combined except as to the matters described in this Chapter 17.31. In the case of any conflict the HE district regulations shall govern over the base district regulations.

B. Parcels within the HE district shall benefit from permit streamlining and, in many cases, ministerial approval.

C. For parcels designated "low income" or "mixed income" in the 6 th cycle housing element, by-right approval shall be given to owner-occupied and rental multi-family projects in which twenty (20) percent or more of the units are affordable to lower-income households. In addition, all HE district sites intended to accommodate lower-income households are required to build to a minimum density of at least twenty (20) dwelling units per acre.

D. All sites in the HE district shall be deemed to have building site status, conforming lot dimensions (frontage, depth, width) and to meet minimum building site size, regardless of the zoning or specific plan district in which they are located.

E. All sites in the HE district shall allow residential uses as a primary use. The primary residential use can be, but is not required to be, combined with a secondary commercial use if the underlying zoning district allows such commercial use.

F. For any mixed-use project sites identified in the sites inventory for "low income" and "mixed income" units, residential use is required of at least fifty (50) percent of the total floor area on these sites.

G. In the case of a subdivision into fee simple parcels, stock cooperative or condominium units, compliance with Title 16 of the county zoning code shall be required, in addition to any HE district requirements.

(Ord. No. 2024-41, § 2, 12-17-24)

For all residential or mixed-use projects proposed in the HE overlay district, the following table shall be used to determine the applicable zoning standards, objective design standards, planning permit required, and approval procedure. The density of the project is the basis for review.

Table 1

(Ord. No. 2024-41, § 2, 12-17-24)

A. As described in Table 1 in Section 17.31.050 above, projects shall be approved using either a ministerial or discretionary process. Ministerial approval is by-right approval that requires no personal judgment or discretion from the approving authority. The discretionary process is as outlined in Section 17.54.210, site development review.

B. For all density ranges below nine dwelling units per acre (single family density) projects follow the base zoning or specific plan standards and shall be ministerially approved with no hearing.

C. For all density ranges above nine dwelling units per acre projects must utilize the county's "checklists for residential development" (as they may be amended) to demonstrate compliance with objective standards that can result in a ministerial approval. Ministerial projects are limited in the number of required hearings, as described in Table 1 in Section 17.31.050 above, and hearings at the municipal advisory councils are only informational, to provide review of objective zoning and design standards only.

D. Projects that require a site development review are limited in the number of required hearings as described in Table 1 in Section 17.31.050 above. These hearings at the municipal advisory councils shall be action items.

E. After the conclusion of the required number of ministerial hearings described in Table 1 in Section 17.31.050 above the project is deemed approved. A project manager from the planning department will be assigned to facilitate the permit process.

(Ord. No. 2024-41, § 2, 12-17-24)

As described in Table 1 in Section 17.31.050 above, development standards shall be determined by the density range that best corresponds to the building type identified in the "checklist for residential development." In no case shall projects exceed the HE overlay density maximum, except as allowed by state law. Minor variations between residential design and objective standards categories may be allowed as determined by the planning director.

(Ord. No. 2024-41, § 2, 12-17-24)

To facilitate projects achieving maximum densities within the HE overlay, an administrative modification is available. Administrative modification is a no-cost request to modify development standards. It applies to lot dimensions, height, setbacks, open space, landscaping and parking. administrative modification is available to applicants and projects covered under Section 17.31.030, applicability, and can only be appealed under findings of adverse specific impact described in the Housing Accountability Act (Government Code Section 65589.5(a)(3)).

(Ord. No. 2024-41, § 2, 12-17-24)

A. Project Parking. HE overlay projects in zoning districts based on the single-family R-1 districts (base districts) shall follow zoning or specific plan parking requirements, which normally require more than one parking space per unit. HE overlay projects with proximity to transit stations or stops may have reduced parking requirements based on applicable state law. In all other cases the maximum parking requirement shall not exceed:

1. Studio units: One parking space per unit

2. One-bedroom units: One and one-half parking spaces per unit

3. Two-bedroom or more units: Two parking spaces per unit, one of which can be tandem and/or uncovered

B. Guest Parking. HE overlay projects in zoning districts based on the single-family R-1 districts (base districts) shall follow zoning or specific plan requirements for guest parking. In all other cases the guest parking requirement shall not exceed .25 parking spaces per unit.

C. In no case shall the parking requirement for HE overlay projects above nine dwelling units per acre exceed 2.25 per unit, inclusive of guest parking.

(Ord. No. 2024-41, § 2, 12-17-24)

The planning department shall include in the annual general plan report to the board of supervisors, or no more than two times per calendar year, as needed, a review of the housing element overlay, including information to address RHNA compliance/no net loss and recommended additions to or deletions from the HE overlay combining district.

(Ord. No. 2024-41, § 2, 12-17-24)

The housing element (HE) district overlay shall sunset upon adoption by the board of supervisors of the 7 th cycle housing element.

(Ord. No. 2024-41, § 2, 12-17-24)

The purpose of Sections 17.31.120 through 17.31.260 is to implement the policy action items of the 2023-2031 housing element of the Alameda County General Plan. The properties designated within the zoning districts in these sections shall be located in the housing element (HE) zoning overlay combining district. Residential and mixed-use residential development that meets 2023-2031 housing element goals and policies shall be subject to the general provisions, process and procedures, permit streamlining, development standards, administrative modification processes, and parking space standards listed in Sections 17.31.010 through 17.31.090 of this chapter.

(Ord. No. 2024-41, § 2, 12-17-24)

Residential development and mixed-use residential development within the housing element combining zoning districts shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the regulations in Sections 17.31.120 through 17.31.260 shall apply.

(Ord. No. 2024-41, § 2, 12-17-24)

A. The neighborhood Commercial 60 (CN-60-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential and mixed-use residential development in the CN zoning district (base district) while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B. Site Development Review. Site development review shall be required for:

1. Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area;

2. For construction of more than ten primary dwelling units;

3. Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4. Development subject to the housing element overlay combining district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C. Permitted Uses.

1. Uses listed as permitted in Section 17.36.020, permitted uses.

2. Residential uses and residential accessory structures and uses.

3. Mixed-use residential uses.

D. Conditional Uses. Uses listed as conditionally permitted in Section 17.36.030, conditional uses.

E. Floor Area Ratio.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the Castro Valley Commercial Business District (CVCBD) specific plan land use group E development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3. For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

F. Lot Coverage.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3. For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

G. Residential Density. Thirty (30) dwelling units per net acre minimum and sixty (60) dwelling units per net acre maximum.

H. Building Site.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3. For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

I. Yards.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD land use group E development type.

3. For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

J. Height of Buildings.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3. For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

K. Parking.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3. For non-residential development: As listed in Chapter 17.52, general requirements, as modified by the residential design standards and guidelines.

L. Other Regulations.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3. For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

(Ord. No. 2024-41, § 2, 12-17-24)

A. The retail business 22 (C1-22-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential and mixed-use residential development in the C1 zoning district (base district) while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B. Site Development Review. Site development review shall be required for:

1. Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area;

2. For construction of more than ten primary dwelling units;

3. Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4. Development subject to the housing element overlay combining district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C. Permitted Uses.

1. Uses listed as permitted in Section 17.38.020, permitted uses;

2. Residential uses and residential accessory structures and uses;

3. Mixed-use residential uses.

D. Conditional Uses. Uses listed as conditionally permitted in Section 17.38.025, conditional uses—planning commission, and in Section 17.38.030, conditional uses—board of zoning adjustments.

E. Floor Area Ratio.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the medium density residential R-S-D20 development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan, land use group D (high density residential) development type at a density range of 17.4 to 21.8 dwelling units per acre.

3. For non-residential development: Development regulations as listed in Chapter 17.38, C-1 districts.

F. Lot Coverage.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan, land use group D (high density residential) development type at a density range of 17.4 to 21.8 dwelling units per acre.

3. For non-residential development: Development regulations as listed in Chapter 17.38, C-1 districts.

G. Residential Density. Ten dwelling units per net acre minimum and twenty-two (22) dwelling units per net acre maximum

H. Building Site.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the medium density residential R-S-D20 development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan, land use group D (high density residential) development type at a range of 17.4 to 21.8 dwelling units per acre.

3. For non-residential development: Development regulations as listed in Chapter 17.38, C-1 districts.

I. Yards.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the medium density residential R-S-D20 development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan, land use group D (high density residential) development type at a range of 17.4 to 21.8 dwelling units per acre.

3. For non-residential development: Development regulations as listed in Chapter 17.38, C-1 districts.

J. Height of Buildings.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the medium density residential R-S-D20 development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan, land use group D (high density residential) development type at a range of 17.4 to 21.8 dwelling units per acre.

3. For non-residential development: Development regulations as listed in Chapter 17.38, C-1 districts.

K. Parking.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the medium density residential R-S-D20 development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan, land use group D (high density residential) development type at a range of 17.4 to 21.8 dwelling units per acre.

3. For non-residential development: Development regulations as listed in Chapter 17.38, C-1 districts.

L. Other Regulations.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the medium density residential R-S-D20 development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan, land use group D (high density residential) development type at a range of 17.4 to 21.8 dwelling units per acre.

3. For non-residential development: Development regulations as listed in Chapter 17.38, C-1 districts.

(Ord. No. 2024-41, § 2, 12-17-24)

A. The community commercial 60 (CC-60-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential and mixed-use residential development in the CC zoning district (base district) while continuing to maintain existing Permitted and conditionally permitted uses as legally conforming.

B. Site Development Review. Site development review shall be required for:

1. Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area;

2. For construction of over ten primary dwelling units;

3. Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4. Development subject to the housing element overlay combining district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C. Permitted Uses.

1. Uses listed as permitted in subsection 17.51.050(B), permitted uses;

2. Residential uses and residential accessory structures and uses;

3. Mixed-use residential uses.

D. Conditional Uses. Uses listed as conditionally permitted in subsection 17.51.050(C), conditional uses.

E. Floor Area Ratio.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan, land use group E development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3. For non-residential development: Development regulations as listed in subsection 17.51.050(D), floor area ratio.

F. Lot Coverage.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3. For non-residential development: Development regulations as listed in Section 17.51.050, community commercial districts.

G. Residential Density. Thirty (30) dwelling units per net acre minimum and sixty (60) dwelling units per net acre maximum.

H. Building Site.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3. For non-residential development: Development regulations as listed in Section 17.51.050, community commercial districts.

I. Yards.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3. For non-residential development: Development regulations as listed in Section 17.51.050, community commercial districts.

J. Height of Buildings.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3. For non-residential development: Development regulations as listed in Section 17.51.050, community commercial districts.

K. Parking.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3. For non-residential development: Development regulations as listed in Section 17.51.050, community commercial districts.

L. Other Regulations.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2. For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3. For non-residential development: Development regulations as listed in Section 17.51.050, community commercial districts.

(Ord. No. 2024-41, § 2, 12-17-24)

A. The neighborhood commercial medium high density residential 43 (CN-MHDR-43-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential and mixed-use residential development in the CN zoning district (base district) designation while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B. Site Development Review. Site development review shall be required for:

1. Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area;

2. For construction of more than ten primary dwelling units;

3. Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4. Development subject to the housing element overlay combining district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C. Permitted Uses.

1. Uses listed as permitted in Section 17.36.020, permitted uses;

2. Residential uses and residential accessory structures and uses;

3. Mixed-use residential uses.

D. Conditional Uses. Uses listed as conditionally permitted in section 17.36.030, conditional uses.

E. Floor Area Ratio.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type.

2. For mixed-use residential development: Development regulations as listed separately as follows:

a. For the residential portion, those development regulations listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type;

b. For the non-residential portion, those development regulations listed in Chapter 17.36, C-N districts.

3. For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

F. Lot Coverage.

1. For residential development: Development regulations as listed in for residential development: development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type.

2. For mixed-use residential development: Development regulations as listed separately as follows:

a. For the residential portion, those development regulations listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type;

b. For the non-residential portion, those development regulations listed in Chapter 17.36, C-N districts.

3. For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

G. Residential Density. Twenty-two (22) dwelling units per net acre minimum and forty-three (43) dwelling units per net acre maximum.

H. Building Site.

1. For residential development: Development regulations as listed in for residential development: development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type.

2. For mixed-use residential development: Development regulations as listed separately as follows:

a. For the residential portion, those development regulations listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type;

b. For the non-residential portion, those development regulations listed in Chapter 17.36, C-N districts.

3. For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

I. Yards.

1. For residential development: Development regulations as listed in for residential development: development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type.

2. For mixed-use residential development: Development regulations as listed separately as follows:

a. For the residential portion, those development regulations listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type;

b. For the non-residential portion, those development regulations listed in Chapter 17.36, C-N districts.

3. For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

J. Height of Buildings.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type.

2. For mixed-use residential development: Development regulations as listed separately as follows:

a. For the residential portion, those development regulations listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type;

b. For the non-residential portion, those development regulations listed in Chapter 17.36, C-N districts.

3. For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

K. Parking.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type.

2. For mixed-use residential development: Development regulations as listed separately as follows:

a. For the residential portion, those development regulations listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type;

b. For the non-residential portion, those development regulations listed in Chapter 17.36, C-N districts.

3. For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

L. Other Regulations.

1. For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type.

2. For mixed-use residential development: Development regulations as listed separately as follows:

a. For the residential portion, those development regulations listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type;

b. For the non-residential portion, those development regulations listed in Chapter 17.36, C-N districts.

3. For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

(Ord. No. 2024-41, § 2, 12-17-24)

A. The residential 60 (R-60-HE) housing element overlay combining zoning district established with the intent to permit multi-family residential development while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B. Site Development Review. Site development review shall be required for:

1. Construction of more than ten primary dwelling units;

2. Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

3. Development subject to the housing element overlay combining district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C. Permitted Uses. Uses listed as permitted in Section 17.16.020, permitted uses.

D. Conditional Uses—Planning Commission. Uses listed as conditionally permitted in Section 17.16.025, conditional uses—planning commission.

E. Conditional Uses—Board of Zoning Adjustments. Uses listed as conditionally permitted in Section 17.16.030, conditional uses—board of zoning adjustments.

F. Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type for residential uses only. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the respective regulations in Sections 17.31.120 through 17.31.260 shall apply.

G. Residential Density. Thirty (30) dwelling units per net acre minimum and sixty (60) dwelling units per net acre maximum.

H. Other Regulations. Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the CVCBD land use group E development type for residential uses only. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the regulations in Sections 17.31.120 through 17.31.260 shall apply.

(Ord. No. 2024-41, § 2, 12-17-24)

A. The residential low medium density 22 (RLM-22-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential development while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B. Site Development Review. Site development review shall be required for:

1. Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area of existing permitted or conditionally permitted uses;

2. Construction of more than ten primary dwelling units;

3. Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4. Development subject to the housing element overlay district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C. Permitted Uses.

1. Uses listed as permitted in subsection 17.51.090(B), permitted uses.

2. Residential uses and residential accessory structures and uses.

D. Conditional Uses. Uses listed as conditionally permitted in subsection 17.51.090(C), conditional uses.

E. Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the suburban residence two thousand (2,000) square feet per dwelling unit (R-S-D-20) development type. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the regulations in Sections 17.31.120 through 17.31.260 shall apply.

F. Residential Density. Eighteen (18) dwelling units per net acre minimum and twenty-two (22) dwelling units per net acre maximum.

G. Other Regulations.

1. Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the suburban residence two thousand (2,000) square feet per dwelling unit (R-S-D-20) development type. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the respective regulations in this zoning ordinance shall apply.

2. Non-residential development shall be subject to the development regulations of the Section 17.51.090.

(Ord. No. 2024-41, § 2, 12-17-24)

A. The residential medium density family 29 (RMF-29-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential development, and to support medium density multi-family residential development in Castro Valley. The RMF-29-HE district (base district) implements and is consistent with the residential medium density multifamily land use classification of the Castro Valley General Plan.

B. Site Development Review. Site development review shall be required for:

1. Construction of more than ten primary dwelling units;

2. Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

3. Development subject to the housing element overlay district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C. Permitted Uses. Uses listed as permitted in subsection 17.51.030(C), permitted uses

D. Conditional Uses—Planning Commission. Uses listed as conditionally permitted in subsection 17.51.30(D), conditional uses—planning commission.

E. Conditional Uses—Board of Zoning Adjustments. Uses listed as conditionally permitted in subsection 17.51.30(E), conditional uses—board of zoning adjustments.

F. Residential Density. Twenty-two (22) dwelling units per net acre minimum and twenty-nine (29) dwelling units per net acre maximum.

G. Design Standards and Guidelines.

1. Residential projects within the RMF-29-HE districts are subject to the development regulations in Section 17.51.030, residential medium density family district, as amended.

2. On matters not provided for in Section 17.51.030, the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the suburban residence two thousand (2,000) square feet per dwelling unit (R-S-D-20) and the suburban residence one thousand five hundred (1,500) square feet per dwelling unit (R-S-D-15) development types, shall apply as applicable based on the proposed building type.

3. For the residential design standards and the requirements for which Section 17.51.030 is silent the residential design guidelines applicable to the proposed building type apply.

(Ord. No. 2024-41, § 2, 12-17-24)

A. The residential small lot 17 (RSL-17-HE) housing element overlay combining zoning district is established with the intent to support infill projects of duplexes, small lot single-family detached units, and townhouses. The RSL district implements and is consistent with the residential small lot land use classification of the Castro Valley General Plan.

B. Site Development Review. Site development review shall be required for:

1. Construction of more than ten primary dwelling units;

2. Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

3. Development subject to the housing element overlay combining district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C. Permitted Uses. Uses listed as permitted in subsection 17.51.020(C), permitted uses.

D. Conditional Uses—Planning Commission. Uses listed as conditionally permitted in subsection 17.51.020(D), conditional uses.

E. Residential Density. Eight dwelling units per net acre minimum and seventeen (17) dwelling units per net acre maximum.

F. Design Standards and Guidelines.

1. Residential projects within the RSL-17-HE districts are subject to the development regulations in Section 17.51.020, residential small lot districts, as amended.

2. On matters not provided for in Section 17.51.020, the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the suburban residence three thousand five hundred (3,500) square feet per dwelling unit (R-S-D-35) and the suburban residence two thousand five hundred (2,500) square feet per dwelling unit (R-S-D-25) development types shall apply based on the proposed building type.

3. For the residential design standards and the requirements for which Section 17.51.020 is silent, the residential design guidelines applicable to the proposed building type apply.

(Ord. No. 2024-41, § 2, 12-17-24)

A. The residential suburban 22 (RS-22-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential development while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B. Site Development Review. Site development review shall be required for:

1. Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area of existing permitted or conditionally permitted uses;

2. Construction of more than ten primary dwelling units;

3. Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4. Development subject to the housing element overlay district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C. Permitted Uses. Uses listed as permitted in Section 17.12.030, permitted uses.

D. Conditional Uses. Uses listed as conditionally permitted in Section 17.12.035, conditional uses—planning commission.

E. Conditional Uses—Board of Zoning Adjustments. Uses listed as conditionally permitted in Section 17.12.040, conditional uses—board of zoning adjustments.

F. Residential development shall be subject to the ["Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County,"] as amended, for the suburban residence three thousand five hundred (3,500) square feet per dwelling unit (R-S-D-35) and the suburban residence two thousand (2,000) square feet per dwelling unit (R-S-D-20) development types, as applicable based on the proposed building type. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the regulations in Sections 17.31.130 through 17.31.260 shall apply.

G. Residential Density. Ten dwelling units per net acre minimum and twenty-two (22) dwelling units per net acre maximum.

H. Other regulations.

1. Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the suburban residence three thousand five hundred (3,500) square feet per dwelling unit (R-S-D-35) and the suburban residence two thousand (2,000) square feet per dwelling unit (R-S-D-20) development types, as applicable based on the proposed building type. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the regulations in Sections 17.31.120 through 17.31.250 shall apply.

2. Non-residential development shall be subject to the development regulations of the Chapter 17.12.

(Ord. No. 2024-41, § 2, 12-17-24)

A. The medium high density residential 43 (MHDR-43-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential development while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B. Site Development Review. Site development review shall be required for:

1. Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area;

2. For construction of more than ten primary dwelling units;

3. Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4. Development subject to the housing element overlay district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C. Permitted Uses. Uses listed as permitted in Section 17.16.020, permitted uses.

D. Conditional Uses—Planning Commission. Uses listed as conditionally permitted in Section 17.16.025, conditional uses—planning commission.

E. Conditional Uses—Board of Zoning Adjustments. Uses listed as conditionally permitted in Section 17.16.030, conditional uses—board of zoning adjustments.

F. Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the regulations in Sections 17.31.120 through 17.31.250 shall apply.

G. Residential Density. Twenty-two (22) dwelling units per net acre minimum and forty-three (43) dwelling units per net acre maximum.

H. Other regulations.

1. Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the regulations in Sections 17.31.130 through 17.31.260 shall apply.

2. Non-residential development shall be subject to the development regulations of Chapter 17.16.

(Ord. No. 2024-41, § 2, 12-17-24)

A. The high density residential 86 (HDR-86-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential development while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B. Site Development Review. Site development review shall be required for:

1. Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area;

2. For construction of more than ten primary dwelling units;

3. Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4. Development subject to the housing element overlay district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C. Permitted Uses. Uses listed as permitted in Section 17.16.020, permitted uses.

D. Conditional Uses—Planning Commission. Uses listed as conditionally permitted in Section 17.16.025, conditional uses—planning commission.

E. Conditional Uses—Board of Zoning Adjustments. Uses listed as conditionally permitted in Section 17.16.030, conditional uses—board of zoning adjustments.

F. Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, Chapter 6 "Standards that Apply to All or Some Development Projects with Residential Uses," Chapter 7 "Definitions and Rules of Measurement," and Chapter 8 "Residential and Mixed-Use Residential Objective Standards." On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, or where there is a conflict with the regulations in this zoning district, the regulations in subdivisions (G) and (H) of this Section 17.31.240 shall apply.

G. Residential Density. Forty-three (43) dwelling units per net acre minimum and eighty-six (86) dwelling units per net acre maximum.

H. Other regulations.

1. Residential development shall be subject to the following regulations:

a. Height: Five stories maximum (two additional stories allowed with a conditional use permit); seventy-five (75) feet height maximum (roofs, rooftop decks, and rooftop equipment may encroach above maximum height up to four feet).

b. Setbacks:

i. Front yard: Twenty (20) feet minimum—may be modified if project design follows the development regulations of the Ashland and Cherryland business districts specific plan, Section 6.3.8 "terrace" development, or Section 6.3.10 "stoop" development, in which case the frontage development standard and design regulations shall apply per Section 6.3.8 "terrace" development, or Section 6.3.10 "stoop" development, respectively.

ii. Rear yard: Twenty (20) feet minimum.

iii. Street side yard: Ten feet minimum.

iv. Interior side yard: Ten feet minimum.

c. Lot coverage: Ninety (90) percent maximum.

d. Floor area ratio: 0.5 minimum (applies only to lots fifty (50) feet wide, or wider) and 2.5 maximum.

e. Open space per unit: Fifty (50) square feet minimum, at a minimum dimension of five feet.

f. On-site common useable open space: Required for ten or more primary dwelling units at one thousand (1,000) square feet minimum, no less than one hundred (100) square feet per unit, at a minimum dimension of twenty-five (25) feet.

g. Site landscaping shall occupy a minimum fifteen (15) percent of project site.

h. There shall be no minimum tree canopy shading requirements of on-site parking or vehicular access.

i. On-site parking:

i. A minimum of one on-site parking space per dwelling unit is required;

ii. If parking is provided: At least one car-share parking space must be designated in new residential developments that offer more than ten private car parking spaces; two car-share parking spaces must be provided in developments with more than thirty (30) private car parking spaces;

iii. Shared or unbundled vehicle parking is allowed (neither prohibited nor required);

iv. Minimum secured bicycle parking: One space per primary dwelling unit minimum;

v. Parking regulations for residential development, as listed in the Ashland and Cherryland business districts specific plan Section 6.4.1.2, general parking standards, shall be applicable for residential development subject to this Section 17.31.250.

j. Percent of lot width occupied by allowed frontage, or combination of frontages: Seventy (70) percent minimum.

k. Allowable encroachments into setbacks (applies to encroachments of architectural features, balconies, decks, bay windows, etc.):

i. Into front yard setback: Two feet

ii. Into street side or rear yard setbacks: Four feet

2. Non-residential development shall be subject to the development regulations of Chapter 17.16.

3. Accessory structures, buildings, and uses, and on-site landscaping, shall be subject to applicable development regulations of this title.

(Ord. No. 2024-41, § 2, 12-17-24)

A. The high density residential 86 (HDR-86-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential development while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B. Site Development Review. Site development review shall be required for:

1. Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area;

2. For construction of more than ten primary dwelling units;

3. Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4. Development subject to the housing element overlay combining district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C. Permitted Uses. Uses listed as permitted in Section 17.16.020, permitted uses.

D. Conditional Uses—Planning Commission. Uses listed as conditionally permitted in Section 17.16.025, conditional uses—planning commission.

E. Conditional Uses—Board of Zoning Adjustments. Uses listed as conditionally permitted in Section 17.16.030, conditional uses—board of zoning adjustments.

F. Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, Chapter 6 "Standards that Apply to All or Some Development Projects with Residential Uses," Chapter 7 "Definitions and Rules of Measurement," and Chapter 8 "Residential and Mixed-Use Residential Objective Standards." On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, or where there is a conflict with the regulations in this zoning district, the regulations in subdivisions (G) and (H) of this Section 17.31.260 shall apply.

G. Residential Density. Eighty-six (86) dwelling units per net acre minimum and one hundred (100) dwelling units per net acre maximum.

H. Other Regulations.

1. Residential development shall be subject to the following regulations:

a. Height: Seven stories maximum; seventy-five (75) feet height maximum (roofs, rooftop decks, and rooftop equipment may encroach above maximum height up to four feet).

b. Setbacks:

i. Front yard: Twenty (20) feet minimum—may be modified if project design follows the development regulations of the Ashland and Cherryland business districts specific plan, Section 6.3.8 "terrace" development, or Section 6.3.10 "stoop" development, in which case the frontage development standard and design regulations shall apply per Section 6.3.8 "terrace" development, or Section 6.3.10 "stoop" development, respectively.

ii. Rear yard: Twenty (20) feet minimum.

iii. Street side yard: Ten (10) feet minimum.

iv. Interior side yard: Ten (10) feet minimum.

c. Lot coverage: Ninety (90) percent maximum.

d. Floor area ratio: 0.5 Minimum (applies only to lots fifty (50) feet wide, or wider) and 3.0 maximum.

e. On-site common useable open space: required for ten or more primary dwelling units at one thousand (1,000) square feet minimum, no less than one hundred (100) square feet per unit, at a minimum dimension of twenty-five (25) feet.

f. Site landscaping shall occupy a minimum fifteen (15) percent of project site.

g. There shall be no minimum tree canopy shading requirements of on-site parking or vehicular access.

h. On-site parking:

i. A minimum of one on-site parking space per dwelling unit is required;

ii. If parking is provided: At least one car-share parking space must be designated in new residential developments that offer more than ten private car parking spaces; two car-share parking spaces must be provided in developments with more than thirty (30) private car parking spaces;

iii. Shared or unbundled vehicle parking is allowed (neither prohibited nor required);

iv. Minimum secured bicycle parking: One space per primary dwelling unit minimum;

v. Parking regulations for residential development as listed in the Ashland and Cherryland business districts specific plan section 6.4.1.2, general parking standards, shall be applicable for residential development subject to this Section 17.31.250.

i. Percent of lot width occupied by allowed frontage, or combination of frontages: Seventy (70) percent minimum.

j. Allowable encroachments into setbacks (applies to encroachments of architectural features, balconies, decks, bay windows, etc.):

i. Into front yard setback: Two feet

ii. Into street side or rear yard setbacks: Four feet.

2. Non-residential development shall be subject to the development regulations of Chapter 17.16.

3. Accessory structures, buildings, and uses, and on-site landscaping, shall be subject to the regulations in Sections 17.31.120 through 17.31.260.

(Ord. No. 2024-41, § 2, 12-17-24)

A. The Bay Fair Transit Area high density residential 125 general commercial (BTA-HDR-125-GC-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential development while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B. Site Development Review. Site development review shall be required for:

1. Any construction of more than ten primary residential dwelling units if the new construction is not affordable housing;

2. Remodel of one thousand (1,000) square feet or more of non-residential floor area;

3. Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4. Development subject to the housing element overlay district and shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C. Streamlined site development review may be granted for new affordable housing construction if the development complies with the following criteria:

1. Satisfies the requirements of Senate Bill 35 (2017, Weiner)[Government Code Section 65913.4]:

a. The project is at least fifty (50) percent residential;

b. A minimum of twenty (20) percent of proposed housing is affordable to low- or very low-income households;

c. The height is within one story of the tallest approved height within a radius of ½ mile; and

d. The construction plan meets required labor standards described in the bill.

2. Is located in the housing element overlay combining district;

3. Development standards are met in the BTA-HDR-125-GC-HE zoning district; and

4. Development complies with the objective residential design standards.

D. Permitted Uses. Uses listed as permitted in Section 17.16.020, permitted uses, and in Section 17.36.020, permitted uses.

1. Restaurants and cafes may include outdoor dining;

2. Retail uses that do not sell or dispense alcoholic beverages may include outdoor display.

E. Conditional Uses—Planning Commission. Uses listed as conditionally permitted in Section 17.16.025, conditional uses—planning commission.

F. Conditional Uses—Board of Zoning Adjustments.

1. Uses listed as conditionally permitted in Section 17.16.030, conditional uses—board of zoning adjustments;

2. Public utility substation, not including service yard, storage of materials, or vehicles, or repair facilities;

3. Commercial parking lot;

4. Commercial parking garage;

5. Alcohol outlet;

6. Indoor recreation facility.

G. Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, Chapter 6 "Standards that Apply to All or Some Development Projects with Residential Uses," Chapter 7 "Definitions and Rules of Measurement," and Chapter 8 "Residential and Mixed-Use Residential Objective Standards." On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, or where there is a conflict with the regulations in this zoning district, the regulations in subdivisions (H) and (I) of this Section 17.31.260 shall apply.

H. Residential Density. Seventy-five (75) dwelling units per net acre minimum and one hundred twenty-five (125) dwelling units per net acre maximum.

I. Other Regulations.

1. Residential development shall be subject to the following regulations:

a. Height: Seven stories maximum; seventy-five (75) feet height maximum (roofs, rooftop decks, and rooftop equipment may encroach above maximum height up to four feet).

b. Setbacks:

i. Front yard: Project development shall follow the development regulations of the Ashland and Cherryland business districts specific plan, per one or more of the following sections:

(A) Section 6.3.6 "shop front and awning" development;

(B) Section 6.3.7 "forecourt" development;

(C) Section 6.3.8 "terrace" development;

(D) Section 6.3.10 "stoop" development.

ii. Rear yard: Five feet, or fifteen (15) feet minimum if adjacent to residential

iii. Street side yard: Five feet minimum

iv. Interior side yard: Zero feet minimum.

c. Lot coverage: Ninety (90) percent maximum.

d. Floor area ratio: 0.5 minimum (applies only to lots fifty (50) feet wide, or wider) and 3.5 maximum.

e. Ground floor height: Fifteen (15) feet minimum for non-residential use on ground floor.

f. Upper floor(s) height: Ten feet minimum.

g. On-site common useable open space: Required for ten or more primary dwelling units at one thousand (1,000) square feet minimum, no less than one hundred (100) square feet per unit, at a minimum dimension of 25 feet.

h. Site landscaping shall occupy a minimum fifteen (15) percent of project site.

i. There shall be no minimum tree canopy shading requirements of on-site parking or vehicular access.

j. On-site parking:

i. For residential uses: A maximum of one on-site vehicle parking space per primary dwelling unit is allowed;

ii. For non-residential uses: No minimum vehicle parking is required; maximum 2.5 parking spaces per one thousand (1,000) square feet;

iii. If parking is provided: At least one car-share parking space must be designated in new residential developments that offer more than ten private car parking spaces; two car-share parking spaces must be provided in developments with more than thirty (30) private car parking spaces;

iv. Shared or unbundled vehicle parking is allowed;

v. For residential uses: A minimum of one secured bicycle parking space per primary dwelling unit;

vi. Parking regulations for residential development as listed in the Ashland and Cherryland business districts specific plan section 6.4.1.2, general parking standards, shall be applicable for residential development subject to this Section 17.31.260.

k. Percent of lot width occupied by allowed frontage, or combination of frontages: Seventy (70) percent minimum.

l. Allowable encroachments into setbacks (applies to encroachments of architectural features, balconies, decks, bay windows, etc.):

i. Into front yard setback: Two feet.

ii. Into street side or rear yard setbacks: Four feet.

2. Non-residential development shall be subject to the development regulations of Chapter 17.16.

3. Accessory structures, buildings, and uses, and on-site landscaping, shall be subject to the applicable development regulations in Sections 17.31.120 through 17.31.260.

(Ord. No. 2024-41, § 2, 12-17-24)