Article 12 — MULTIPLE RESIDENTIAL ZONE (R-4)

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-4 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose other than as a public library, a single- or multiple-family dwelling and the usual and customary accessory and appurtenant uses thereto including one accessory dwelling unit on a lot developed only with a single-family dwelling subject to the criteria in section 10-3409 of this chapter; a family daycare home; a small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter; or transitional or supportive housing structured as a single-family residence or as a multiple-family dwelling. (Ord. 17-O-2724, eff. 2-10-2017; amd. Ord. 24-O-2892, eff. 4-18-2024; Ord. 24-O-2894, eff. 6-7-2024; Ord. 24-O-2904, eff. 1-3-2025)

The following uses shall be permitted in the R-4 zone only if authorized by a conditional use permit issued pursuant to the provisions of article 38 of this chapter:

Childcare uses licensed pursuant to state law.

Educational institutions. Large community care facilities.

Multiple-family housing for the elderly or disabled pursuant to article 12.5 of this chapter. Museums.

Public utility uses, except as provided in section 10-3-2754 of this chapter. Religious institutions.

Restaurants located in nonconforming hotels, as provided in section 10-3-1207 of this chapter. (Ord. 12-O-2633, eff. 11-23-2012)

(Rep. by Ord. 96-O-2266, eff. 10-18-1997)

A hotel is not a permitted use within an R-4 zone.

Within any nonconforming hotel in an R-4 zone, it shall be unlawful for any person to erect, construct, establish, alter, enlarge, maintain, or use any building, structure, or improvement which is used, designed, arranged, or intended to be used or occupied for retail sales rooms, stores, offices of a business other than the hotel, and other service uses such as vehicle rentals. Additionally, it shall be unlawful to expand, enlarge or intensify a nonconforming hotel use except as allowed by section 10-3-1207 of this chapter. (Ord. 96-O-2256, eff. 4-5-1996)

Subject to the following restrictions, restaurants or dining rooms may be operated within a nonconforming hotel located in an R-4 zone:

A. Private Dining Rooms: A private dining room may be operated within a nonconforming hotel in an R-4 zone provided that the dining room serves only hotel occupants and their guests and has no door or entrance opening through an exterior wall except a service door into a garage or warehouse or an emergency exit door.

B. Restaurants: A restaurant may be operated within a nonconforming hotel pursuant to a conditional use permit if the hotel and restaurant meet the following criteria:

1. The hotel is located on a street identified as an "arterial" street or "collector" street in the city's general plan.

2. The total dining and bar floor area of all restaurants and private dining rooms in the hotel does not exceed the floor area of any dining and bar area that existed on or before November 1, 1995, except as provided for in subsections B.7 and B.8.

3. No patrons of the restaurant are seated after eleven o'clock (11:00) P.M.

4. No live entertainment is performed.

5. No banquets or similar private receptions or parties are held at the restaurant.

6. Parking is provided free of charge to employees to ensure that employees do not park in the public right of

way.

7. For nonconforming hotels with established rooftop uses that existed on or before December 14, 2023, existing enclosed rooftop structures area may be converted for use as restaurant kitchen facilities and outdoor dining and bar area may be established on the rooftop, subject to the requirements of subsection C of this section.

8. For nonconforming hotels with established rooftop uses that existed on or before December 14, 2023, dining and bar floor area of existing ground floor restaurants may be expanded, subject to the requirements of subsection C of this section.

C. Restaurant Conditional Use Permit: Prior to issuing a conditional use permit to allow for the operation or expansion of restaurant uses, including the establishment of rooftop outdoor dining, to be located in a nonconforming hotel pursuant to subsection B, the commission shall consider, as part of its determination pursuant to article 38 of this chapter, whether the restaurant will have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to:

1. The accumulation of garbage, trash, or other waste;

2. Noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant;

3. Light and glare;

4. Odors or noxious fumes;

5. Parking demand created by the restaurant, including parking demand created by employees; or

6. Traffic.

D. Prohibition Against Expansion: Nothing in this section shall be construed to permit the expansion or enlargement of a nonconforming hotel use or private dining room or restaurant within a nonconforming hotel except that a private dining room may be converted to a restaurant as allowed by subsections B and C of this section, and restaurants may be expanded as provided for in subsections B.7 and B.8. No hotel may include both a private dining room and a restaurant.

E. Signage: In addition to any other signage permitted for the hotel, a hotel restaurant or private dining room may be identified by a sign at the entrance to the restaurant or private dining room. The size of the sign shall be approved by the planning commission but in no event shall the sign exceed twelve (12) square feet. The sign shall not be illuminated except with back lighting.

F. Outdoor Dining: Outdoor dining may be approved by the planning commission as part of the issuance of a conditional use permit subject to the issuance of a development plan review approval that must be renewed on an annual basis for the first three (3) years and every three (3) years thereafter unless the director of planning and community development determines that more frequent review and renewal is required to ensure that no adverse impacts occur. (Ord. 96-O-2256, eff. 4-5-1996; amd. Ord. 98-O-2318, eff. 1-1-1999; Ord. 24-O- 2887, eff. 3-22-2024)

Nothing in this chapter shall be construed to prohibit the laying, construction, repair, and/or removal of all necessary ties, tracks, rails, poles, trolleys, and other necessary equipment for streetcars and railways in, under, or upon private property located in and along the center of any public street within zone R-4. (1962 Code § 10-320)

A. Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-4, except the business of an apartment house. All property and buildings in zone R-4 hereby are limited to residential uses, except as otherwise provided in this article. A multi-family transient use as defined in section 10-3-100 of this chapter is prohibited in a multi-family residence, or accessory dwelling unit(s), or other accessory structure(s) of a multi-family residence, including but not limited to pools, game courts, or yards.

B. A "multi-family dwelling" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, may be rented or leased (as evidenced by a written rental or lease agreement, or by evidence of occupancy for at least one year) provided that the initial lease term shall be at least one year. This provision does not apply to transitional housing, emergency shelters, congregate care facilities, or supportive housing. (1962 Code § 10-321; amd. Ord. 73-O1491, eff. 10-18-1973; Ord. 01-O-2383, eff. 11-2-2001; Ord. 25-O-2918, eff. 9-5-2025)

Lot 510, tract 4988, is hereby placed in zone R-4. No building, structure, or improvement, except a fence, gate, wall, or hedge not exceeding three feet (3') in height and not otherwise prohibited by deed or ordinance, shall be erected, constructed, established, altered, or enlarged on said lot within twelve and one-half feet (12[1] /2') of the property line along Tower Drive. (1962 Code § 10-328)

(Rep. by Ord. 80-O-1759, eff. 4-17-1980)

Lots 12 and 13, tract 11875 are hereby placed in zone R-4. Lot 12 shall be subject to the height limits of height district A and lot 13 shall be subject to the height limits of height district B, as set forth in section 10-3-2804, or its successor section, of this code.

Notwithstanding any other provision of this code, lot 12 and 13 shall be subject to the following density limitations:

A. Lot 12: One dwelling unit for each two thousand eight hundred (2,800) square feet of site area;

B. Lot 13: One dwelling unit for each two thousand three hundred (2,300) square feet of site area. Notwithstanding any other provision of this code, in the event lots 12 and 13 are combined and developed as a single site, the following density limitation shall apply: One dwelling unit for each two thousand (2,000) square feet of site area.

Notwithstanding any other provision of this code, lot 12 shall be subject to the following side setback limitations: The northerly side setback shall be at least twelve feet (12') and the southerly side setback shall be at least eight feet (8'). In the event lots 12 and 13 are combined and developed as a single site, notwithstanding any other provision of this code, the following side setback limitations shall apply: The northerly side setback of lot 12 shall be at least twelve feet (12') and the southerly side setback of lot 13 shall be at least eight feet (8'). (Ord. 98-O-2309, eff. 10-9-1998)

School playgrounds where permitted by other sections of this chapter shall be:

A. Located not less than fifty feet (50') from the side common property line of adjacent residential property; and B. Separated from all adjacent residential property by a solid masonry wall, or equivalent thereof, not less than ten feet (10') in height. (Ord. 70-O-1380, eff. 4-2-1970)