4.5.1 PERMITED USES[35]

• (a) Any use permitted in any R-3 Residential Districts, provided however that new construction on vacant R-4 project sites must contain the minimum density permitted in

33 Amended by Ord. 2020-1148, §15, 6/23/2020

34 Amended by Ord. 2017-1118, §16, 5/23/2017

35 Amended by Ord. 2020-1148, §16, 6/23/2020

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the district, inclusive of Accessory Dwelling Units that can be constructed without approval of a Variance to a development standard.

• (b) Accessory uses which are necessary to the above mentioned uses.

• 4.5.2 CONDITIONAL USES - The following uses are permitted only when authorized by a Conditional Use Permit:[36]

  • (a) Any Conditional Use permitted in the R-3 Multi-Family Residential Districts.

  • (b) Lodging, boarding or rooming houses as defined in this Ordinance.

  • (c) Private clubs or lodges, except those the chief activity of which is a service normally carried on as a business. The serving of food and meals may be permitted provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests may be allowed in conjunction with the operation of a dining room, or they may be served in a separate room or rooms.

  • (d) Fraternity and sorority houses.

  • (e) Hospitals and sanitariums, but not including animal hospitals.

• 4.5.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS[37]

  • (a) LOT AREA - The minimum lot area for multi-family dwellings is the greater of:

    • (1) 6,000 square feet, or

    • (2) 750 square feet for the first dwelling unit plus for each unit thereafter 1,450 square feet per unit and 125 square feet per bedroom.

  • (b) LOT AREA - CONDITIONAL USE - Minimum lot sizes for Conditional Uses shall be the same as prescribed in the R-3 District, Multiple-Family Dwelling.

  • (c) FLOOR AREA RATIO - The floor area ratio of buildings and structures on a building site in this District shall not exceed 1.4.

  • (d) HEIGHT LIMITATION - No multi-family structure in any R-4 District shall have a height in excess of 50 feet, provided that in the case of structures having frontage on the down slope side of a street the maximum height may be measured from top of curb at midpoint of frontage of said lot.

Non-habitable building features such as chimneys (up to six feet in width), cupolas, flagpoles, monuments, steeples, roof screens, equipment, and similar structures, covering no more than 20% of the top floor roof area to which they are accessory, may exceed maximum permitted height standards by eight feet.

36 Amended by Ord. 2025-1192, §36, 12/9/2025; Amended by Ord. 2018-1131, §9, 4/24/2018

37 Amended by Ord. 502, 2/22/73; Added by Ord. 850, 10/24/91; Amended by Ord. 2020-1148, §17, 6/23/2020

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• 4.5.4 YARD AREAS - The regulations set forth for R-3 Districts in Section 4.4.4 shall apply to all R-4 Multi-Family Residential Districts.

• 4.5.5 OPEN SPACE REQUIREMENTS - The regulations set forth in the R-3 Districts in Section 4.4.5 shall apply to all R-4 Multi-Family Residential Districts.[38 ]

• 4.5.6 DESIGN REVIEW All new construction and exterior modifications are subject to design review under Section 13.[39]

• 4.5.7 OFF-STREET PARKING - Off-street automobile parking space shall be provided in accordance with the provisions of Section 8 and 24, as applicable.[40]

• 4.6 REGULATIONS FOR HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICTS - R-5 - The regulations in this Section shall apply to all land in the R-5 Districts and shall be subject to all the general provisions and regulations of this Ordinance.

• 4.6.1 PERMITTED USES - Any use permitted in any R-1, R-2, R-3 or R-4 Districts.

• 4.6.2 CONDITIONAL USES - The following uses shall be permitted only when authorized by a Conditional Use Permit:[41]

  • (a) Any use permitted as a Conditional Use in the R-4 Multi-Family Residential Districts.

  • (b) Apartment Hotels.

  • (c) Private clubs, lodges and fraternal organizations, including the serving of food and beverages to members and their guests, and including such other facilities customarily provided for the comfort and convenience of the membership.

  • (d) Multi-family structures having a height in excess of 50 feet.

• 4.6.3 SITE AREA, DIMENSION AND DENSITY LIMITATIONS[42]

  • (a) LOT AREA – The minimum lot area for a multiple-family dwelling is the greater of:

  • (1) 7,200 square feet in area, or

  • (2) 1000 square feet per unit plus 100 square feet for each bedroom in such unit.

  • (b) LOT AREA - CONDITIONAL USE - Minimum building site sizes for Conditional Uses shall be prescribed by the Commission at the time a Conditional Use is authorized, but in no case shall any such site be less than 7,200 square feet in area, or less than 60 feet in average width.

38 Amended by Ord. 850, 10/24/91

39 Amended by Ord. 2020-1148, §18, 6/23/2020

40 Amended by Ord. 2017-1118, §17, 5/23/2017

41 Amended by Ord. 2018-1131, §10, 4/24/2018

42 Amended by Ord. 502, 2/22/73; Amended by Ord. 850, 10/24/91; Added by Ord. 850, 10/24/91; Amended by Ord. 2020-1148,

§19, 6/23/2020

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• (c) FLOOR AREA RATIO - The floor area ratios of buildings and structures in this District shall not exceed 3.5.

• (d) HEIGHT LIMITATION - No multi-family structure in any R-5 District shall have a height in excess of 50 feet, provided that in the case of structures having frontage on the down slope side of a street the maximum height may be measured from top of curb at midpoint of frontage of said lot subject to the provisions of Section 4.6.2 (d).

Non-habitable building features such as chimneys (up to six feet in width), cupolas, flagpoles, monuments, steeples, roof screens, equipment, and similar structures, covering no more than 20% of the top floor roof area to which they are accessory, may exceed maximum permitted height standards by eight feet.

• 4.6.4 YARD AREAS

  • (a) FRONT YARD - The same regulations shall apply as required in the R-3 District, MultiFamily Dwelling.

(b) SIDE YARD

• 1. For one and two story multi-family dwellings, there shall be provided and maintained a side yard of not less than six feet on each side of the principal building. For multi-family dwelling structures of more than two stories in height, the side yard adjacent thereto shall be increased one foot in width for each additional story or fraction thereof, but in no case shall a side yard of more than 20 feet be required.
  • 2. For one and two story multiple-family dwellings on corner lots, there shall be maintained a minimum side yard of not less than 15 feet on the side adjacent to the street which intersects the street upon which the building maintains lot frontage, and in the case of a reversed corner lot, there shall be maintained a setback from the side street of not less than 50 percent of the front yard required on the lots in the rear of such corner lots, but such setback need not exceed 10 feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than six feet to the side lot line of said adjacent lots. For multi-family dwelling structures of more than two stories in height, the minimum required side yards shall be increased one foot in width for each additional story or fraction thereof, but in no case shall a side yard of more than 20 feet be required.[43 ]

• (c) REAR YARD - On a building site upon which a building is constructed there shall be a rear yard of not less than 15 feet, for habitable portions of the building, and not less than 10 feet for all non-habitable structures or portions of the principal building. For buildings more than three stories in height the minimum rear yard shall be increased two feet for each additional story or fraction thereof, but in no case shall a rear yard of more than 25 feet be required.

  • 1. On a building site improved with a non-residential building, exclusive of residential accessory buildings, there shall be a side yard of not less than 10 feet on each side of

43 Amended by Ord. 481, 5/8/72

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the principal structure. Additional side yard area may be required as a part of a Conditional Use Permit.

All required rear yards shall be unobstructed from ground level to the sky, except as otherwise provided in this Ordinance.

• 4.6.5 OPEN SPACE REQUIREMENTS - The regulations set forth in the R-3 Districts in Section 4.4.5 shall apply to all R-5 Multi-Family Residential Districts.[44]

• 4.6.6 DESIGN REVIEW - All new construction and exterior modifications are subject to design review under Section 13.[45]

• 4.6.7 OFF-STREET PARKING - Off-street automobile parking space shall be provided in accordance with the provisions of Section 8 and 24, as applicable.[46]

• 4.7 HILLSIDE RESIDENTIAL AND OPEN SPACE (HRO) DISTRICTS (note: HRO-1 applies to unsubdivided, HRO-2 applies to subdivided).[47 ]

• 4.7.1 PURPOSE - The City Council finds and declares that certain areas of the City provide unique terrain features and add substantially to the character of the area, that the location and visibility of development therein will affect the visual quality of the environment, and that hillside development should preserve the natural terrain while providing a density of residential development compatible with the limitations of slope on the development site. The Council further finds that there are geologic and soils hazards in the area, steep slopes, and inadequate roadways making it necessary to reduce density in portions of the San Juan Hills Area to protect the public safety and to reduce significant and cumulative traffic impacts to the Ralston Avenue corridor. The objectives of this chapter's regulations are to encourage minimal grading and to reduce citizens' exposure to hazardous slopes by decreasing residential density as slope increases, to encourage clustering of homes and density transfer to reduce roadway and driveway grading, to regulate home size, and to encourage the voluntary merger of lots.

• 4.7.2 PERMITTED USES[48] - The following uses are permitted in the HRO-1, HRO-2 and HRO-3 Districts:

  • (a) Single-family residences except in the HRO-3 Zone west of Hastings Drive and accessed by Carlmont Drive.

  • (b) Private stables for the keeping of horses as provided for in the City Code.

  • (c) Accessory structures and uses located on the same site as a single-family residence for which the use is clearly related to single-family dwelling, including the following:[49]

    • 1. Garages and carports.

44 Amended by Ord. 850, 10/24/91

45 Amended by Ord. 2020-1148, §20, 6/23/2020 46

Amended by Ord. 2017-1118, §18, 5/23/2017

47 Amended by Ord. 808, 4/11/89; Ord. 848, 8/8/91

48 Amended by Ord. 2025-1192, §37, 12/9/2025

49 Amended by Ord. 2017-1118, §19, 5/23/2017

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  - 2) Garden structures. 

  - 3) Greenhouses. 

  - 4) Storage buildings. 

  - 5) Recreation rooms. 

  - 6) Hobby shops provided that no noisy or otherwise objectionable machinery or equipment is used and provided that no sales are made therefrom. 

  - 7) Private swimming pools. 

  - 8) Accessory Dwelling Units. 

• (d) Home occupations as defined in Section 2.68 and associated signs not exceeding one square foot in area.

• (e) Residential care facilities that serve seven or more persons.

• (f) Residential care facilities, small that serve six or fewer persons.

• (g) Temporary subdivision sales offices in accordance with the provisions of Section 9.5.2 of this Ordinance provided such use is for no more than 60 days.

• (h) Temporary buildings or trailers used during construction on the site, for a period not to exceed the duration of the related building permit.

• (i) Transitional and supportive housing located in single-family residences.

• (j) A sign not exceeding 4 square feet in area pertaining to the sale, lease, rental, or display of the property on which the sign is located.

• (k) Small-family day care homes.

• 4.7.3 CONDITIONAL USES - The following uses are permitted in the HRO-1, HRO-2, and HRO3 Districts, except as otherwise specified, only when authorized by a Conditional Use Permit:[50]

  • (a) Public parks and playgrounds and other public recreation facilities.

  • (b) Public, parochial and private elementary schools and high schools.

  • (c) Kindergartens, nursery schools and large-family day-care homes.

  • (d) Churches, parish houses, monasteries, convents and other religious institutions.

  • (e) Public and private philanthropic institutions.

50 Amended by Ord. 2025-1192, §38, 12/9/2025; Amended by Ord. 2017-1118, §20, 5/23/2017; Ord. 2018-1131, §11, 4/24/2018

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• (f) Public and private, nonprofit libraries and museums.

• (g) Public buildings and grounds when found by the Commission to be necessary for the public health, safety or welfare.

• (h) Public utility and public service structures or installations when found by the Commission to be necessary for the public health, safety or welfare.

• (i) Incidental and accessory structures and uses located on the same site with and necessary to the operation of a Conditional Use.

• (j) Clustered dwelling units in the HRO-1 and HRO-3 zones, and townhouses in the HRO-3 Zone.[51]

• (k) Density transfer of dwelling units in the HRO-2 Zone.

• (l) Floor area transfer in the HRO-2 Zone.

• (m) Mobile home parks.

• (n) Signs for conditional uses, which do not exceed 10 square feet in area, are not illuminated, and are wall mounted.

• 4.7.4[52] LOT DIMENSION STANDARDS FOR HRO-1, HRO-2, AND HRO-3 ZONES:

  • (a) Lot Width - The minimum average lot width shall be 60 feet.

  • (b) Lot Frontage - All lots shall have a minimum frontage of 40 feet.

  • (c) Lot dimension standards for individual townhouses in the HRO-3 zone shall be as established through the conditional use permit process.[53]

• 4.7.5 YARD AREA REQUIREMENTS FOR HRO-1, HRO-2, AND HRO-3 ZONES:[54]

  • (a) The minimum yard areas for primary structures shall be as follows:

Front yard - 15 feet. Rear yard - 15 feet. Side yard - 7 feet.

• (b) Except as provided in Section 24, the minimum yard areas for accessory structures shall be as follows:

  • (1) Front yard

(1) Front yard 18 feet. (2) Side and rear yards 7 feet.

51 Amended by Ord. 848, 8/8/91 52 Amended by Ord. 999, 5/27/04 53 Amended by Ord. 848, 8/8/91

54 Amended by Ord. 2017-1118, §21, 5/23/2017

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  - (3) No accessory building on a reversed corner lot shall project beyond the inner line of the front yard required on the adjacent lot to the rear, nor be located less than seven feet from the side lot line of such adjacent lot. 

  - (4) A detached accessory building on a corner lot must be located at least fifteen feet from side lot line having frontage on a street, and seven feet from the interior side lot line. 

• (c) Except as provided in Section 24, the total of all accessory structures shall not occupy more than 30% of any required yard area.

• (d) The minimum yard areas for townhouses in the HRO-3 zone shall be as established through the conditional use permit process.[55]

• 4.7.6 BUILDING HEIGHT - The maximum height for primary structures shall be 28 feet. Except as provided in Section 24, the maximum height for accessory structures shall be 15 feet.[56]

• 4.7.7 OFF-STREET PARKING - Off-street automobile parking spaces shall be provided in accordance with the provisions of Section 8 and 24, as applicable.[57]

• 4.7.8 FENCES, WALLS, AND HEDGES - Fences, walls, and hedges not exceeding six feet in height shall be permitted with the exception that no fence, wall, or hedge on a corner lot shall exceed 3 ½ feet in height when located within 25 feet of the property corner at the street intersection.

• 4.7.9 GENERAL RESIDENTIAL DENSITY AND LOT SIZE STANDARDS - The maximum allowed residential dwelling unit densities and minimum lot sizes in the HRO districts shall be computed in accordance with the applicable provisions of the Slope Density Table in this Section unless a conditional use permit authorizing a smaller lot size is approved pursuant to provisions in the respective HRO Zone. The maximum allowable densities and the minimum allowable lot sizes shall be based upon net land area (after subtracting public street rights of way and vehicular access easements). Lot slope shall be calculated using the formula from the definitions section of Ordinance 360 and lot slopes ending in ½% or more shall be rounded to the next highest whole number. Each lot created by subdivision, or any remainder parcel associated with a subdivision, shall individually meet the minimum lot size standard based upon that lot's particular slope. The allowable density indicated, however, does not preclude the hearing body from determining that a lower density, or larger lots, from that indicated is required to meet the purpose of this ordinance and the goals and policies of the General Plan.

TABLE 1[58]

HRO DENSITY AND MINIMUM LOT SIZE STANDARDS

55 Amended by Ord. 848, 8/8/91

56 Amended by Ord. 2017-1118, §22, 5/23/2017

57 Amended by Ord. 2017-1118, §23, 5/23/2017

58 Amended by Ord. 979, 5/14/02

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