Chapter 9.09 — RESIDENTIAL DISTRICTS

The residential zoning districts are intended to permit a range of residential densities and dwelling types, in an organization and pattern consistent with the General Plan Land Use Policy Map. All residential zoning districts provide for high quality, attractive, and liveable residential neighborhoods.

• (a) Very Low Density. Very low density residential districts have a maximum density of 3 dwelling units per acre. Districts in this classification include Residential Single Family 2 and 3 (RSF 2 and RSF 3). The RSF 2 and RSF 3 districts provide for very low density, single family residential neighborhoods. These districts include single family detached residential dwellings at a maximum density of 2 and 3 dwellings per net acre of land, respectively.

• (b) Low Density. Low density residential districts have a maximum density of 7 dwelling units per acre. Districts in this classification include Residential Single Family 4 and 7 (RSF 4 and RSF 7) and Residential Multiple Family 7 (RMF 7). The RSF 4 and RSF 7 districts provide for low density, single family residential neighborhoods. These districts include single family detached and attached residential dwellings at a maximum density of 4 and 7 dwellings per net acre of land, respectively. The Residential Multiple Family 7 (RMF 7) district provides for low density, multiple family residential neighborhoods. This district includes multiple family development at a maximum density of 7 dwellings per net acre of land.

• (c) Medium Density. Medium density residential districts have a maximum density of 14 dwelling units per acre. Districts in this classification include Residential Single Family 12 (RSF 12), Residential Beach Road 12 (RBR 12), Residential Duplex 14 (RD 14) and Residential Multiple Family 14 (RMF 14). The RSF 12 and RBR 12 districts provide for medium density single family residential development. These districts include single family detached and attached residential dwellings at a maximum density of 12 dwellings per net acre of land. Residential Duplex 14 (RD 14) district provides for medium density residential development consisting of duplexes at a maximum density of 14 dwellings per net acre of land. Residential Multiple Family 14 (RMF 14) districts provide for medium density multiple family residential neighborhoods. These districts include multiple family residential development at a maximum density of 14 dwellings per net acre of land.

ex 14 (RD 14) district provides for medium density residential development consisting of duplexes at a maximum density of 14 dwellings per net acre of land. Residential Multiple Family 14 (RMF 14) districts provide for medium density multiple family residential neighborhoods. These districts include multiple family residential development at a maximum density of 14 dwellings per net acre of land.

• (d) High Density. High Density Residential Districts have maximum density of 30 dwelling units per acre. Districts in this classification include Residential Beach Road Duplex (RBR 18), Residential Single Family 22 (RSF 22), Residential Multiple Family 22 and 30 (RMF 22, RMF 30). The Residential Beach Road Duplex 18 (RBRD 18) district provides for moderate density residential development consisting of duplexes at a maximum density of 18 dwellings per net acre of land. The Residential Multiple Family 22 and 30 (RMF 22 and RMF 30) districts provide for high density, multiple family residential neighborhoods. These districts include multiple family residential development at a maximum density of 22 and 30 dwellings per net acre of land, respectively.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 96-10, 8/13/96)

• (a) Several classes of uses are allowed in Residential Districts. Each of these classes must promote the residential character of the individual districts. These classes of uses are:

  • (1) Permitted Use — allowed by right if no discretionary review is required. Certain permitted uses, indicated by P*, are also regulated by provisions contained in Chapter 9.07 .

  • (2) Accessory Use — allowed by right if accessory to a dwelling unit or a residential development.

  • (3) Temporary Use — allowed on a temporary basis in accordance with the provisions of Chapter 9.39 .

  • (4) Conditional Use — allowed subject to the approval of a Conditional Use Permit in accordance with the provisions of Chapter 9.65 . Certain conditional uses, indicated by a C*, are also regulated by provisions contained in Chapter 9.07 .

  • (5) Prohibited Use — not allowed in the subject residential district.

• (b) The following Table lists the classification of allowable uses in the Residential Districts. Any use not expressly allowed is prohibited.

LEGEND:

P = Permitted Use

P* = Permitted Use subject to special use standards (see Chapter 9.07 )

LEGEND:

C = Conditional Use

C* = Conditional Use subject to special use standards (see Chapter 9.07 )

T = Temporary Use T* = Temporary Use subject to special use standards (see Chapter 9.39 )

X = Prohibited Use A = Accessory Use

(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 03-07, 4/9/03; Ord. 21-06, 8/23/21; Ord. 25-02, 2/4/2025)

The following Table provides the minimum acceptable standards for development within the Residential Districts necessary to assure quality development and attractive local residential areas. The development standards are supplemented, and where applicable, superseded by the special development standards described in Chapter 9.05 , Chapter 9.07 , and Section 9.09.040 . Parking standards are provided in Chapter 9.35 .

imum acceptable standards for development within the Residential Districts necessary to assure quality development and attractive local residential areas. The development standards are supplemented, and where applicable, superseded by the special development standards described in Chapter 9.05 , Chapter 9.07 , and Section 9.09.040 . Parking standards are provided in Chapter 9.35 .

Footnotes for Section 9.09.030:

• (1) See Chapter 9.75 for definitions and illustrations of development standards.

• (2) Development standard applies to any proposed subdivision of land. These standards do not apply to existing lots where no subdivision is proposed nor to proposed condominiums or other common lot subdivisions.

• (3) Land Area per Dwelling Unit may not be rounded up. (Example: 14,250 square feet/2,500 square feet of land per dwelling unit = 5.7 dwelling units which equals 5 dwelling units, not 6 dwelling units.)

• (4) Subject to the measurement and design criteria in Section 9.05.110(a) .

• (5) For existing lots less than 50 feet wide and/or less than 100 feet deep, see Section 9.05.190 for reduced front, side and rear building setbacks.

• (6) If the side yard of a flag lot is adjacent to the rear yard of a residentially zoned lot, that side yard setback shall be a minimum of 10 feet.

• (7) Additional rear yard building setback from a bluff top may be required by Section 9.27.030 .

• (8) For RBR 12 and RBRD 18, maximum building height is 28 feet as measured 18 inches above the Flood Plain Overlay 3 (FP-3) requirement or Beach Road which ever is higher. Mezzanines may be allowed subject to compliance with the applicable provisions of the Uniform Building Code.

• (9) See Section 9.09.040(a) for special building setbacks and standards for maximum projections into required yards applicable to properties on Beach Road.

• (10) Setback for the first floor as measured from the right-of-way line of Beach Road. The second floor may project a maximum of five feet into the required front yard setback.

• (11) A minimum of 10% of that portion of the lot area bounded by the side property lines, the Beach Road property line and the structure stringline.

• (12) The maximum lot coverage standard for hillside lots, as defined in Section 9.05.110(a)(4) (A) of this Title, within the RSF7, RSF12 and RSF22 Zoning Districts shall be no greater

Footnotes for Section 9.09.030:

than 50%.

(13) Subject to standards in Section 9.35.040(e) for garage setbacks. (Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94; Ord. 96-10, 8/13/96; Ord. 96-13, 11/26/96; amended during 8/99 supplement; amended by Ord. 06-02, 4/12/06; Ord. 08-06, 6/3/08; Ord. 08-09, 7/15/08)

• (a) Development in the Residential Beach Road 12 (RBR 12) and Residential Beach Road Duplex 18 (RBRD 18) Zoning Districts shall comply with the following standards:

  • (1) The following Table provides the requirements for structural stringlines, patio stringlines, and front yard setbacks for properties in the Residential Beach Road 12 (RBR 12) and Residential Beach Road Duplex 18 (RBRD 18) Districts.

SECTION 9.09.040(a)(1)

Footnotes for Section 9.09.040(a)(1):

• (a) No enclosed portion of any structure shall extend seaward of a straight line drawn between the structure stringline measurements set forth in this section for the east and west property lines of the subject property.

• (b) No patio or unenclosed portion of any structure shall extend seaward of a straight line drawn between the patio stringline measurements set forth in this section for the east and west property lines of the subject property. Where vertical displacement exists between the lowest level patio and sandy beach, a stairway may encroach seaward of the patio stringline no more than three feet. Where the patio stringline lies inland of an ocean protective device (OPD), an accessway from the lowest level patio to the OPD may be constructed as necessary to link the patio with a stairway to the beach.

Footnotes for Section 9.09.040(a)(1):

• (c) Deleted by Ord. 99-05, 4/27/99.

• (d) Location of a 12 foot wide walkway extending from Beach Road to the beach. According to Tract Map No. 889, walkways are for the use of the property owners within the Capistrano Bay Community.

• (e) May be reduced to the figure shown in parenthesis. If the setback on the ground floor is less than 18 feet, three parking spaces must be provided perpendicular to Beach Road.

• (f) The second floor of any structure may project a maximum of five feet into the required front setback for the first floor, but no closer than five feet to the ultimate right-of-way line for Beach Road.

• (g) The roadside line from which measurements are taken juts five feet inland at this turnaround point. For properties directly seaward of the turnaround, the roadside measurement line is not necessarily their property line.

• (h) A modification has been made that applies to the three indicated lots only. A control value of 101 feet shall extend from the midpoint of the lot a 35561 across 35565 to the midpoint of the lot at 35567. Therefore, any construction on the eastern half of 35561, on any portion of 35565 or on the western half of 35567 may extend no further than 101 feet. Any construction on the western half of 35561 or the eastern half of 35567 may extend no further than the control values established for their western and eastern property lines respectively.

• (i) This parcel is not a part of Tract No. 889. The stringline measurements set forth in this section for this parcel are based upon a line 20 feet seaward of and parallel to the inland property line.

  • (2) Maximum Projections into Required Yards. The following Table provides the requirements for allowable projections into required yards for properties in the Residential Beach Road 12 (RBR 12) and Residential Beach Road Duplex 18 (RBRD 18) Districts.

(click here to view the full table)

Footnotes for Section 9.09.040(a)(2):

• (A) On a corner lot, projections permitted in a front yard setback also apply to a street side yard. (B) In any instance where there is a conflict between the allowable maximum projection and the minimum distance from property line standard, the minimum distance from property line standard shall rule.

• (C) For radio antennas, only see Section 9.07.020 for satellite dish antennas.

• (D) This provision shall not apply to television and radio antennas used to receive UHF, VHF, FM and AM signals. Such antennas may exceed the district height limit by up to 10 feet. FCC licensed amateur ham radio operators may apply for a Conditional Use Permit for a radio tower greater than the maximum height limit, but not exceeding 70 feet.

(E) The total horizontal length of all projections (marked by this footnote) on a given building elevation shall not exceed the maximum percentage of building elevation length as specified below: (Note: Building elevation length is measured at the first floor and not adjusted for multiple storied buildings.)

• (F) Column supports for balconies may be a maximum of 12 inches square, and may be no closer than six feet from a side property line. Balcony guard rails may be three feet above the 2nd floor, or as required by the Uniform Building Code.

Footnotes for Section 9.09.040(a)(2):

(U) As measured from the edge of the water within the swimming pool or spa.

• (V) See Section 9.31.060(f)(10) regarding the construction of pools and spas in floodplain zones.

  • (3) Walls, Fences, Windscreens, and Railings. The following standards shall apply to the construction of:

    • (A) Walls, fences, windscreens and railing between the front setback and the structure stringline:

Materials — any material that conforms with local ordinance, including UBC requirements for fire resistive construction, as applicable.

Height — a maximum of six feet higher than the finished floor of the adjacent walk, deck, balcony, or patio allowed in Section 9.09.040(a)(2) .

In the case of elevated side yard decks, walks, or patios, the railing may extend down to the finished grade forming a fence. This fence may be higher than eight feet above the finished grade of the adjoining property in cases where the structure on the subject property has been appropriately elevated to the FP-3 level and the structure on the adjacent property has not been so elevated.

• (B) Walls, fences, windscreens and railings between the structure stringline and the patio stringline:

Material — clear tempered glass with uprights and railings as required by City Code and not exceeding the following maximum finished dimensions:

Vertical posts: 6" x 6"

Horizontal railings: 3" x 6"

Height — a maximum of six feet higher than the finished floor of the adjacent deck, balcony, or patio allowed in Section 9.09.040 (a)(2).

• (4) Offers to dedicate easements for public pedestrian access laterally along the beach at Capistrano Beach will be required as a condition of any new development project, as defined in public access ordinance (Section 9.27.030(a)(2)(A) of this Zoning Code), requiring a coastal development permit along Beach Road, consistent with the requirements of the public access ordinance (Section 9.27.030(a) of this Zoning Code).

• (b) Condominium, Stock Cooperative, and Community Apartment Conversions.

  • (1) Purpose and Intent. This Section provides standards and criteria for converting multiple family dwellings, including dwelling units in a rental mobilehome park to residential condominium, stock cooperative and community apartment types of ownership. The standards and criteria promote the retention of affordable housing and promote design quality.

  • (2) Development Standards. Where possible the conversion shall be designed to comply with all applicable development standards of the zoning district in which it is located. In addition, the following standards shall apply:

    • (A) Conversion projects shall provide high quality urban design by the provision of architectural enhancement, high quality landscaping, high quality construction, and improvements to the function of the site and project signage.

    • (B) Privacy between residential units shall be enhanced through urban design, insulation, and other means.

  • (C) Individual gas and/or electrical metering systems shall be provided for each dwelling unit.

  • (D) Where individual trash and recycling pick-up is not provided, common trash and recycling storage shall be provided within a totally walled and roofed structure with a roof not exceeding 12 feet in height. All enclosures shall be located within 200 feet of all dwelling units.

• (3) Conditional Use Permit and Tentative Tract or Parcel Map Required. Conversion requires approval of a Conditional Use Permit and Tentative Tract or Parcel Map by the Planning Commission as described in Chapter 9.65 and Title 7 . The application for conversion must also include the following additional information.

• (A) A detailed report by licensed certified professionals describing the condition of all structural, electrical, plumbing, and mechanical elements of the existing development, including noise insulation, and the estimated cost of repair or improvement, if any, in a form acceptable to the City.

  • (B) A complete and current mailing list and two sets of addressed stamped envelopes of all tenants occupying the subject property as specified by the Department of Community Development shall be submitted and utilized to provide notice of the public hearing for consideration of the application for conversion.

  • (C) A housing program which includes, at a minimum, the following:

    1. The means by which the provision or expansion of affordable housing opportunities will be achieved by the conversion consistent with the goals and policies of the General Plan.

    2. A study of the balance of housing in the City, including vacancy rates, other available housing of similar type and rent; the current rents and estimated monthly payments and fees of the units to be converted, and all improvements and/or renovations contemplated;

    3. For mobilehomes, the estimated costs for movement of each mobilehome to an available reasonably comparable space;

    4. A current survey of existing tenants as to their length of occupancy and the number of those who will purchase one of the units; and

    5. A relocation plan which comprehensively identifies all the steps which will be taken to assure the successful proposed relocation of each tenant with the minimum disruption to their lives. The relocation plan shall also state what specific relocation assistance existing tenants will be given, including the cost of physical moving, first and last months' rent, security and cleaning deposits, phone connection and utility deposits. Particular consideration shall be given to the elderly, handicapped, families with children, and other tenants who may encounter difficulty in finding a new residence.

• (4) Tenant Provisions. Each application for conversion shall include assurance that the following provisions will be or have been satisfied.

  • (A) By certified mail or other verifiable means the property owner shall provide tenants a 90 day preemptive right to purchase a unit or right of exclusive occupancy upon more favorable terms and conditions than those on which such unit or share will be initially offered to the general public. Such right shall be in writing and shall be irrevocable for a period of 90 days after the commencement of sales and notification of the tenant of such right.

• (B) By certified mail or other verifiable means, the property owner shall provide, in writing, all tenants a minimum of 180 days advance notice of termination of their tenancy due to an approved conversion plan, except that a one year notice shall be provided for dwelling units in a mobilehome park conversion.

• (C) "Art-in-Public-Places" Program. All new development projects located in the zoning districts described in this Chapter are subject to the provisions of the "Art-in-Public Places" Program as described in Section 9.05.240 .

(Amended per city's instructions, based on Ord. 97-12, 11/12/97 and Ord. 97-13, 11/25/97; Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 94-13, 8/23/94; Ord. 94-21, 12/13/94; Ord. 97-05, 9/9/97; Ord. 97-12, 11/12/97; Ord. 97-13, 11/25/97; Ord. 99-05, 4/27/99; Ord. 08-06, 6/3/08)