Chapter 17.24 — RM MULTIFAMILY RESIDENTIAL DISTRICTS

Sections:

• 17.24.010 Purpose 17.24.020 Special provisions and development standards 17.24.030 Permitted uses 17.24.040 Fences, walls and hedges 17.24.050 Site area

• 17.24.060 Site area per dwelling unit 17.24.070 Frontage, width and depth of site

• 17.24.080 Coverage

• 17.24.090 Setback requirements

• 17.24.100 Distance between structures

• 17.24.110 Multifamily dwellings oriented to side yards

• 17.24.120 Building height

• 17.24.130 Signs

• 17.24.140 Off-street parking and off-street loading facilities

• 17.24.150 Access 17.24.160 Landscaping 17.24.170 Recreation and leisure areas

• A. The RM multifamily residential districts are intended primarily for the development of multifamily residential structures at densities consistent with policies of the general plan as follows:

  1. The RM-3 district is intended for application to areas designated by the general plan for medium and medium high density, and within older, basically single-family residential areas of the community where vacant property has been bypassed because of excessive size, irregular shape or difficulty in providing public access.

  2. The RM-2 district is intended for application to areas designated by the general plan for medium high and high density.

  3. The RM-1.5 district is intended exclusively for application to areas designated by the general plan for high density.

• B. It is the intent of the RM districts to:

  1. Avoid a monotonous and undifferentiated development pattern by encouraging building designs with varied elevations and volumes.

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2. Provide appropriately located areas for multiple-family residential development consistent with the policies and standards of the general plan and with the standards of public health, safety, and welfare established by the municipal code.

3. Provide an adequate supply and range of housing types to accommodate the city’s future population growth.

4. Achieve a high level of design quality that contributes beneficially to the surrounding neighborhood.

5. Ensure adequate light, air, privacy, recreation and open space for each dwelling.

6. Protect residential areas from public safety hazards.

7. Ensure the provision of public services and facilities needed to accommodate the residential population.

All uses in the RM districts shall be subject to the provisions of Chapter 17.71 of this title.

Uses permitted by right and subject to approval of an administrative site plan or conditional use permit in the RM district shall be as listed in Section 17.26.030.

Fences, walls and hedges shall be permitted in RM districts in accordance with the provisions of Chapter 17.71.100 of this title.

In RM districts, the minimum area of a lot shall be seven-thousand (7,000) square feet provided, however, that there shall be no minimum lot area requirement in the following cases:

• A. Lots of record as of the date of adoption of the ordinance codified in this title;

• B. Lots in any area heretofore or hereafter annexed to the city, of record as of the time of such annexation, and which were not in violation of any county ordinance regulating subdivisions in effect at the time of such annexation.

A. In the RM districts, the minimum site area per dwelling unit shall be as follows:

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• B. No yard space surrounding any structure shall be deemed to provide a yard for another structure, and no yard on one site shall be deemed to provide a yard space for a structure on another site.

In the RM districts:

• A. Each site shall have not less than fifty (50) feet of frontage on a public street, except that those sites which front on a cul-de-sac or loop-out street may have a frontage of not less than fifty (50) feet provided that the width of the site as measured along the front yard setback line is at least fifty (50) feet. The minimum width of each site shall be fifty (50) feet. The minimum depth of each site shall be as follows:

• B. In order to encourage the consolidation of long, narrow and odd shaped parcels into contemporary building sites, a depth to width ratio exceeding two and one-half to one (2 ½ to 1) may be cause for site plan disapproval.

• C. In a street side area of a corner lot or a front yard area of any lot which provides driveway access, the width of the driveway or any paved area shall not exceed forty (40) percent of the width of the property’s street frontage on which the driveway or any paved area faces.

• A. The maximum site area covered by roofed structures in RM districts shall be as follows:

• B. The percentage of the site covered by roofed structures shall be measured by dividing the number of square feet of horizontal floor area covered by roofed structures, (whether open or enclosed,) by the horizontal area within the property lines of the site. Areas without roofs, (including, with limitations, such as decks, patio slabs, driveways and walks,) are not counted

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as site coverage. Areas covered by a trellis of less than fifty percent open, tarps, plastic and the similar impermanent materials, are considered to be roofed areas for the purposes of this calculation.

Setback requirements in the RM districts are as follows:

• A. Front Setback. The minimum front setback shall average no less than twenty (20) feet but shall at no point be less than fifteen (15) feet; provided that the distance from the centerline of a public street to the rear of the required front setback shall not be less than forty-five (45) feet. Any mechanical equipment, including fixed pool equipment such as pumps, filters, diving boards and slides, shall not be located within the front setback or less than five (5) feet from an adjoining side property line.

On a site situated between sites improved with buildings where such buildings are set back less than the minimum distance required by this section, the minimum front setback shall be the average depth of the front setbacks on the improved sites immediately adjoining the side lines on the site. Even on such a site, notwithstanding the preceding sentence, garages and carports are to be set back a minimum of twenty (20) feet from the front property line.

• B. Rear Setback. The minimum rear setback shall be fifteen (15) feet; provided, however, that where construction involves more than one story, the rear setback shall be increased by ten (10) feet for each additional story. Where the site abuts an R district, and construction involves more than one story, including decks, balconies, garden structures and other related platforms with a floor level over five (5) feet in height, the rear setback shall be increased by ten feet for each additional story.

• C. Side Setback. The minimum side setback shall be five (5) feet, subject to the following conditions and exceptions:

  1. On a reverse corner lot, the side setback adjoining the street shall not be less than fifteen (15) feet.

  2. On a corner lot, the side setback adjoining a street shall not be less than ten (10) feet.

  3. Where construction involves more than one story, the side setback shall be increased by five (5) feet for each additional story; provided, however, that the side setback on the street side of a corner lot need not be greater than ten (10) feet.

  4. A side setback providing access to more than one dwelling unit shall be not less than ten (10) feet.

  5. Garages and carports which open on the street side yard of a corner lot shall be set back twenty (20) feet from the street side property line.

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6. Where a structure on the site includes a deck, balcony, garden platform or any other type of platforms with a floor level which is two (2) feet or more above grade, the minimum side yard setback shall be increased by five (5) feet over the standard which would otherwise apply.

7. Above or below ground swimming pools are to be set back a minimum of five (5) feet from the side yard property line.

8. Where a front door shall be deemed to face a side yard, the minimum building setback shall be ten (10) feet.

• A. Minimum distances between buildings used for human habitation shall be as follows:

  1. Between one-story parallel buildings, front to front, twenty-five (25) feet. This distance shall be increased to five (5) feet for each story of each building in excess of one story;

  2. Between one-story parallel buildings, rear to rear, twenty (20) feet. This distance shall be increased five (5) feet for each story of each building in excess of one story;

  3. Between side walls parallel with the front or rear walls of other buildings, fifteen (15) feet for one-story buildings. This distance shall be increased two and one-half feet (2 ½) for each story of each building in excess of one story;

  4. Between one-story parallel buildings, side to side, ten (10) feet. This distance shall be increased two and one-half (2 ½ ) feet for each story of each building in excess of one (1) story;

  5. In order to provide for obliquely aligned buildings, the distances specified above may be decreased by five (5) feet at one building corner, if increased by an equal or greater distance at the outer corner;

  6. In no event shall the minimum space between buildings be less than ten (10) feet.

• B. Minimum distances for accessory buildings shall be as follows:

  1. Distances between accessory buildings shall not be less than ten (10) feet.

  2. Distances between buildings used for human habitation and accessory buildings shall be not less than fifteen (15) feet.

  3. Distances between parking areas and the front or entrance of a building shall be not less than fifteen (15) feet unless connected.

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Multiple family dwellings or group houses may be oriented so as to front or rear upon either side yard. In this case, the following regulations shall apply:

• A. When such dwellings rear upon a side yard, the required width of such side yard shall be increased by one (1) foot for each such dwelling unit, but such increase need not exceed five (5) feet. Not less than five (5) feet of the width of the required side yard shall be completely free of structures.

• B. When such dwellings front upon a side yard, the required width of such side yard shall not be less than ten (10) feet.

Except as may be allowed under provisions of Chapter 17.80, no multifamily building or structure in the RM districts shall neither:

• A. Have a height greater than thirty (30) feet; nor

• B. Exceed two (2) stories in height.

No sign shall be permitted in the RM districts, except as prescribed in Chapter 17.72 of this title. Notwithstanding the foregoing, the property owner shall post signs which are in conformity with the standards set by the chief of police to the effect that the consumption of alcoholic beverages in the common areas or in the parking areas is a violation of a city ordinance and may be punishable as a misdemeanor and another sign to the effect that violation of the city’s noise ordinance may be prosecuted as a misdemeanor. Said signs shall be considered exempt signs under the provisions of Section 17.72.040 of this code.

In the RM districts, off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 17.64 of this title.

In the RM districts, in order to assure adequate access and circulation in a multiple-family, residential development, frontage upon and access to less than two (2) public streets may be cause for site plan disapproval. A public alley access may qualify as one (1) mean of access to a public street, but, in such a case, the owner of the site may be required to pay for adjacent public alley improvements due to the anticipated increased traffic in the alley caused by development of this site.

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All multiple-family developments in the RM districts shall have landscaping including irrigation, plants and groundcover which are installed in accordance with a plan approved by the city. Landscape and irrigation plans shall be submitted to and may be approved by the city staff prior to installation and occupancy of use based upon the standards set forth in this section. If city staff does not approve a landscape and irrigation plan, that decision may be appealed in the same manner as is set forth for Chapter 17.80.080, however notices are required to be sent to parties other than the owner of the site only in the event of disapproval of the plan. The purpose of this section is to establish standards for the installation of landscaping, including irrigation, plants, trees and groundcover, around multifamily dwellings in order to enhance aesthetic appearance, improve compatibility between land uses, conserve water, control soil erosion and enhance the character of existing neighborhoods.

A. Plant Location.

1. All required setbacks shall be landscaped with live plants except the walkways, driveways, parking areas and patio areas. Landscaping bordering such areas is encouraged. Non-organic groundcover shall not be used in place of plant material in planter areas unless utilized as a decorative accent.

2. Plants shall be grouped according to similar water needs.

3. Plants shall not interfere with safe sight distances or otherwise block vehicular, bicycle or pedestrian traffic, or conflict with the installation, maintenance, or repair of any public utility.

4. A planting area a minimum of four (4) feet in width shall separate a building from a driveway or parking area as feasible.

5. Parking lots shall be separated from street frontages and from abutting uses by planting areas. In addition, planting areas shall be interspersed among the parking stalls as feasible, including provision of trees for appearance and shade.

• B. Plant Type.

  1. Drought-tolerant plants shall be used where feasible.

  2. Plants shall complement the architectural design of structures on the site, and shall be suitable for the soil and climatic conditions specific to the site.

• C. Plant Size.

  1. Plants shall be sized and spaced to achieve immediate effect and shall normally not be less than a fifteen-gallon (15) container for trees, five-gallon (5) container for shrubs, and a one-gallon (1) container for mass planting. Groundcover coverage must be one-hundred

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(100) percent in one year, with rooted cuttings from flats planted no more than twelve (12) inches on center and containerized woody, shrub ground cover planted no more than three (3) feet on center.

2. Landscape plans shall incorporate existing mature trees with trunk diameters of six (6) inches or greater that are compatible with the proposed grades, structures and hardscape. Specimen trees, fifteen-gallon (15), or larger may be used to replace an existing mature tree that cannot feasibly be saved.

• D. Planting Areas.

1. All planting areas shall be served by a permanent underground automatic, timed, waterefficient irrigation system. A drip irrigation system or other water conserving irrigation system may be required where feasible.

   2. A six-inch (6) high stone masonry or concrete curb shall be placed between any paved area and a landscaped area to prevent erosion.

• E. Landscape Coverage.

  1. The landscape coverage of the entire site shall be a minimum of ten (10) percent.

  2. Approved street trees shall be planted along street frontages in accordance with the city of Dinuba street tree master plan.

• F. Landscape and Irrigation Plans Required. A landscape plan and irrigation plan shall be submitted in accordance with Chapter 17.80.

In the RM districts, on each building site, there shall be provided landscaped and usable recreational and leisure areas equaling at least three-hundred (350) fifty square feet per dwelling unit. Said area shall be conveniently located and readily accessible to each dwelling unit. Of this area, at least twenty-five (25) percent shall be designed as recreation area dedicated to promoting athletics and physical activity and at least another twenty-five (25) percent shall be designed as leisure area. The actual percentage of leisure area and recreation area shall be dependent upon the anticipated renter profile (family oriented, senior citizen, single non-parent, etc.). Examples of active areas include children’s plan areas, swimming pools, tennis courts, basketball courts and putting greens. Examples of leisure areas include barbecue/picnic areas, club houses and private balconies and patios.

• A. The following areas only shall contribute to required, recreational and leisure areas:

  1. Each square foot of private balcony and patio space shall count as one-and-one half (1 ½) square feet provided that the private balcony or patio in question has overall dimensions of at least seven (7) feet by nine (9) feet, but does not exceed one-hundred (100) square

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feet and is located immediately adjacent to a kitchen, dining room or other living space within the residential unit of which it is a part. No private balcony or patio may be faced entirely on one or more sides by a concrete block privacy fence.

2. For developments of five (5) units or more, barbecue/picnic areas and play areas shall be provided. Play areas and barbecue/picnic areas shall be located adjacent to each other and shall be interspersed throughout the development. Location of these areas is subject to review and approval by the development review committee.

   • a. Barbecue/picnic areas shall each be at least four-hundred (400) square feet and shall be interspersed throughout the development. Each barbecue/picnic area shall be equipped with a minimum of one (1) picnic table and one barbecue grill that is permanently affixed to a foundation.

   • b. Play areas shall also be a minimum of four-hundred (400) square feet and interspersed through the development. Each play area shall be equipped with at least two (2) pieces of playground apparatus such as jungle gyms, slides and swings.

   • c. The minimum number of barbecue/picnic areas and play areas to be provided shall be as follows:

3. Roof area designed to accommodate recreational and leisure activities.

4. Fifty (50) percent of the following spaces between buildings, exclusive of required yards, provided that such spaces shall have minimum dimensions of ten (10) feet:

   • a. Between buildings parallel to or obliquely aligned with one another when arranged front to front or front to rear when unified with other recreational and leisure area;

   • b. Any yard or space between buildings in excess of that which is required.

5. Common Exterior Courts, Pools and Activity Areas.

   • a. Public exterior courts, swimming pools, spas and activity areas shall qualify if they have a minimum dimension of twenty (20) feet by twenty (20) feet, and have not less than twenty (20) percent of their total area devoted to decorative landscaping. Any portion of a common exterior court or activity area which is not devoted to decorative landscaping shall be either surfaced with decorative architectural materials or developed as sports, game, and/or play equipment areas, putting greens, gardens, or other similar uses.

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  - b. Common exterior courts, swimming pools and activity areas shall be counted at onehundred (100) percent of their actual area, but shall not comprise more than thirty (30) percent of a total outdoor living space requirement for the development. 

6. Public Interior Recreation Rooms.

   • a. Recreation rooms shall qualify if they are located immediately adjacent to a common space that qualifies as outdoor living space under the provisions of this section, such as an exterior court or swimming pool, and have a minimum dimension of twenty (20) feet by twenty (20)feet. Interior recreation rooms shall be furnished and maintained with indoor recreational facilities and/or equipment, such as gymnastic equipment, sauna baths, and game tables, which are accessible to all tenants within the development.

   • b. A recreation room shall be counted at one-hundred (100) percent of its actual area, but shall not comprise more than twenty-five (25) percent of the total outdoor living space requirement for the development.

7. Required and Nonrequired Setbacks.

   • a. Required side setbacks, required rear setbacks, required building separations, and nonrequired setback areas on the ground level shall qualify as outdoor living space if they are ten (10) feet or more in width. Required and nonrequired setbacks counted as outdoor living space shall be developed in accordance with the standards of one (1) or more of the above specified types of outdoor living space.

   • b. The creditable area of required and nonrequired setbacks, where they are for the sole use of one (1) dwelling, shall be calculated in the same manner used for private patios and decks.

8. Other Types of Outdoor Living Space. Space which does not fall within the above categories of outdoor living space may qualify as outdoor living space if:

   • a. It conforms to the purpose and intent of this section; and

   • b. It is not specifically prohibited in this section.

• B. Unqualified Outdoor Living Space. The following types of space shall not, under any circumstances, qualify as outdoor living space:

  1. Required front setbacks;

  2. Areas that do not have the minimum dimensions to qualify as outdoor living space under the provisions of this section;

  3. Pedestrian access ways, walkways, corridors, ramps, and catwalks if not an integral part of a space that qualifies as outdoor living space under the provisions of this section;

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4. Areas beneath pedestrian access ways, walkways, corridors, ramps, and catwalks if not an integral part of a space that qualifies as outdoor living space under the provisions of this section;

5. Areas devoted to automobiles and other vehicles, including, but not limited to, driveways, parking spaces, turning radii, aisles, and required planters within open parking areas;

6. Areas devoted to trash enclosures or containers;

7. Areas devoted to public utility vaults, meters, pumps, and similar apparatus unless their existence is visually unapparent and functionally unobtrusive to an area that otherwise qualifies as outdoor living space under the provisions of this section;

8. Areas devoted to ventilation and air shafts unless their existence is visually unapparent and functionally unobtrusive to an area that otherwise qualifies as outdoor living space under the provisions of this section.

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