Chapter 9.14 — RESIDENTIAL ESTATE (R-E) ZONE

This chapter shall apply to all land within the Residential Estate (R-E) zone district. The purpose of the R-E zone is to provide areas that serve as a transition between the urban environment and the surrounding agriculture at a density of 0.1 to two dwellings per gross acre.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 9.08.020.

The minimum lot area shall be 20,000 square feet.

• A. The minimum lot frontage shall be 40 feet.

• B. The minimum lot width shall be 80 feet for interior lots and 120 feet for corner lots.

• C. The minimum lot depth shall be 100 feet.

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Not more than one dwelling unit shall be allowed on each lot unless approved as an accessory dwelling unit in accordance with Section 9.60.030.

The maximum coverage of a lot in the R-E zone shall be forty percent (40%) of the area of the lot.

• A. No structure shall be placed within a building setback area.

• B. The front building setback area shall be a minimum of 35 feet from the front lot line.

• C. The rear building setback shall be a minimum of 20 feet.

• D. The interior side building setback area shall be a minimum of 15 feet.

• E. The street-side building setback area shall be a minimum of 25 feet from a street-side property line where the lot line fronts a local street and 35 feet from the street-side lot line where the lot line fronts a collector or arterial street.

• F. Structures used for the purpose of housing livestock or for processing, packing, or storing agricultural produce shall be at least 50 feet away from any property line, 30 feet away from any residential structures on the site, and at least 100 feet from any public parks, schools, hospitals, or similar institution.

• A. The minimum distance between structures shall be 10 feet, except as required by the building code.

• B. The minimum distance between residential structures and structures used for the purpose of housing livestock or for processing, packing, or storing agricultural produce shall be 30 feet.

The maximum structure height shall be 35 feet unless approved up to 50 feet with a conditional use permit in accordance with Chapter 9.80.

• A. The width of a driveway and any paved area shall not cumulatively exceed 30 percent (30%) of the width of the lot’s street frontage on which the driveway and any paved area face. In the case of “L” or “U” shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed 40 percent of the front building setback area.

• B. Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

• C. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

• D. On key lots, the driveway shall be located on the side of the lot that is not adjacent to the rear lot line of the adjacent reverse corner lot.

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Accessory structures may be located within a required rear or side building setback area subject to all of the following:

• A. The walls shall be at least five (5) feet from the rear and side lot lines.

• B. The accessory structure shall be separated from other structures by a minimum of ten (10) feet.

• A. Mechanical equipment shall be located a minimum of three (3) feet from a side lot line that adjoins a neighboring side lot line.

• B. Above- or below-ground swimming pools shall be set back three (3) feet from all lot lines.

• C. Decks, balconies, and other types of platforms with a floor height over two (2) feet high shall be set back five (5) feet from the rear and interior side lot lines and ten (10) feet from the streetside lot line.

• A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 9.54.

• B. Required parking spaces may not be provided within any front, side, or rear building setback area except that garages or carports opening onto an alley shall be set back five (5) feet, provided that the structure, including roof overhang, shall not extend into the alley right-ofway.

• C. The exterior siding and roofing materials utilized on garages and carports shall match the design and materials of any single-family dwelling on the same lot. New two-car carports may be utilized in place of a two-car garage only if located at least 20 feet behind the front building setback line and must be connected to the main dwelling, have a similar roof pitch as the main dwelling, use similar roofing material, and the main dwelling, and have support beams or posts that are decorative in style.

• D. No recreation vehicle, including without limitation camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within an enclosed side or rear yard or within a garage or carport except if a side or rear yard is not accessible due to existing legal permanent structures.

• E. All recreational vehicles or trailers parked in a location visible from the street are to be clean and maintained so as not to detract from the neighborhood. All recreational vehicles must be operable.

• F. No recreational vehicle or trailer shall be used as a residence/dwelling.

• G. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport. Vehicles with custom-fitted covers may be stored in an open area when it does not create a nuisance or safety problem as determined by the Director, cause complaints from neighbors, or violate any section of this code.

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• H. Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage or carport if no garage exists. Vehicle repair and storage of parts are prohibited in a driveway and the front or street-side building setback areas.

There is no open space requirement in the R-E zone.

• A. Landscaping shall be provided for each use as prescribed in Section 9.52.

• B. Except for driveways and approved parking areas, all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the Avenal area, or up to 100 percent of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.

• C. Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 9.52. The Director may grant an exception to this section to avoid planting in inclement weather.

• D. Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping. However, the widening of an existing paved driveway perpendicular to the street is permitted if the total width of the existing paving and the new paving does not exceed 50 percent (50%) of the lot frontage along the street.

Fences, walls, and hedges in the R-E zone shall conform to the design standards in Section 9.50.110 and the following:

• A. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

• B. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

  1. Fences, walls, and hedges shall not exceed four (4) feet in height in a required front yard and in the street-side yard of a corner lot, provided that the top one foot shall be of a seethrough material such as wrought iron. Hedges up to three feet tall are also permitted in a required front yard.

  2. Fences and walls shall not exceed seven (7) feet in height in any rear or side yard or other areas outside a required front yard.

  3. On corner lots, a fence may not exceed four (4) feet in height in the street corner area of the parcel formed by a right triangle with the right angle at the street corner property lines and its right-angle sides measuring 25 feet. The top foot of the fence shall be of a seethrough material (such as wrought iron).

  4. Walls along arterial and collector streets shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

  5. Walls greater than seven feet in height may be permitted, if approved by the Planning Commission, to mitigate noise impacts identified in the General Plan.

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• C. All fences shall be limited to the following materials or a combination of materials:

  1. Front and street-side yards:

     • a. Concrete/block/brick

     • b. Latticework fencing

     • c. Wood

     • d. Wrought iron

  2. Rear and interior side yards:

     • a. Concrete/block

     • b. Latticework fencing

     • c. Wood

• D. Perimeter walls around residential subdivisions shall be of neutral color and shall be textured with stone, brick, stucco, or other surface finish. Walls shall incorporate vertical elements (e.g., pilasters, indentations) of differing colors and/or materials at least every 50 feet.

• E. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

• F. Swimming pools shall be entirely enclosed by structures, fences, or walls in compliance with California Government Code Section 115920 - The Swimming Pool Act.

1. Pool fences shall have a minimum height of five feet. Such fences shall be substantial and shall be constructed so there are no openings greater than three inches when all gates are closed. All gates, five feet or less in width, in enclosing fences shall be self-closing and self-latching. All gates greater than five feet in width shall be provided with a means of latching said gate closed. All latches on gates in enclosing fences shall be a minimum of four feet above grade. No pool shall be filled with water until the enclosing fence has been constructed and approved by the building inspector. Surrounding structures, existing fences, and gates shall suffice for this requirement if they comply with all requirements of this section as determined by the building inspector.

• G. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

Signs placed in the R-E zone shall be subject to the requirements and standards prescribed in Chapter 9.56.

The following standards apply to all single-family dwellings, including manufactured homes, developed in the R-E zone:

• A. The minimum width of a primary one-family dwelling or mobile home shall be 20 feet.

• B. All residential units shall be attached to a permanent foundation, pursuant to the State’s Health and Safety Code.

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• C. Roofing material shall be composed of composition shingles, ceramic tile, wood shakes, wood shingles, or other materials consistent with the Uniform Building Code.

• D. Exterior siding material shall be composed of, or resemble, wood, masonry, or plaster.

• E. Siding shall extend to the ground, except when a solid concrete or masonry perimeter foundation or retaining wall is used, in which case the material need only extend to the top of the foundation or wall.

• F. Manufactured homes must be certified under the National Manufactured Home Construction and Safety Standards Act of 1974.

• G. A manufactured home is prohibited if more than 10 years have elapsed between the date of the manufacture and the date of the application for the issuance of a permit to install the manufactured home.

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City of Avenal Municipal Code Title 9 – Zoning Ordinance