El Cerrito Municipal Code § 19.06.020 Land use regulations

The specific purposes of the residential districts are to:

A. Preserve, protect, and enhance appropriately located areas for residential land use, consistent with the City's General Plan. Prohibit incompatible uses. Preserve and enhance the character of existing residential neighborhoods by limiting encroachment of new buildings and activities that are out of scale and character with the surrounding uses.

B. Promote suitably located housing and services for all age groups within the city. Encourage diverse housing types, such as live-work units, studio spaces, townhouses, co-housing, congregate care, and garden apartments.

C. Establish development standards that maintain and enhance neighborhood appearance, neighborhood character, and quality of life. Encourage higher-quality design through the use of well-crafted and maintained buildings and landscaping, use of higher-quality building materials, and attention to the design and execution of building details and amenities in both public and private projects.

D. Protect sensitive environmental areas and features, including hillside areas, creeks, and biological resources; and protect against hazards related to earthquakes, unstable terrain, and wild fires.

E. Ensure adequate provisions of appropriate public and semi-public land uses such as parks, playgrounds, churches, day-care centers, open spaces, and home occupations, needed to accommodate residential densities.

The additional purposes of each residential district are:

RS Single-family Residential. To promote and protect single-family neighborhoods at a base density of up to 10 dwelling units per net acre; and to minimize the out-of-scale appearance of large homes and development relative to their lot size and slope, and relative to adjacent homes in the neighborhood. Certain areas of the RS district areas are intended to: protect sensitive hillside areas from extensive development; protect against hazards related to earthquakes, unstable terrain, and wild fires; protect sensitive environmental areas and features; and provide sites for larger, distinctive residences. The RS District is split into four separate subsets guiding the minimum size of each lot and other development standards such as minimum lot depth and width and setbacks—RS-5 would be a minimum lot size of 5,000 square feet, RS-7.5 = 7,500 square feet, RS-10 = 10,000 square feet, and RS-20 = 20,000 square feet.

RD Duplex Residential. To accommodate more intensive forms of residential development, including duplexes, townhouse projects, apartments, and small-lot, single family residential uses, at a density of 11 to 20 dwelling units per net acre. The RD district is intended to provide greater housing choice in the city for different family sizes and incomes. The RD district is also intended to be located closer to community and retail services than RS zones, such as neighborhood shopping centers, and near minor and major collector streets where greater access can be provided. These areas should also be adequately served by parks and open space.

RM Multi-family Residential. To provide opportunities for multi-family residential development in a well-designed environment at a density of 21 to 35 dwelling units per net acre. Additional density can be achieved through the approval of density bonuses and other incentives. The RM district is intended to be located in areas where higher traffic volumes and buildings can be accommodated. These developments should be located outside of single-family residential communities, and where services and transportation systems are adequate to serve the increased densities. The RM district is further intended to achieve design compatibility between new multi-family development and surrounding less intensive residential neighborhoods by establishing physical development standards and performance standards.

(Ord. 2008-2 Div. II (part), 2008.)

Table 19.06-A prescribes the land use regulations for residential districts. The regulations for each district are established by letter designations as follows:

"P" — Uses permitted as-of-right that require no discretionary review (i.e., use permit, variance) if in compliance with all standards. May be subject to zoning clearance review, See Chapter 19.33.

"L" — Uses permitted as-of-right subject to limitations restricting location, size or other characteristics to ensure compatibility with surrounding uses. Limitations are referenced by number designations listed at the end of Table 19.06-A.

"A" — Uses subject to Administrative Use Permit discretionary review by the Zoning Administrator.

"C" — Uses subject to a Conditional Use Permit discretionary review and public hearing by the Planning Commission.

"—" — Uses that are not permitted.

The "Additional Regulations" column includes specific regulations applicable to the use classification, located elsewhere in this Zoning Ordinance. Use classifications are defined in Chapter 19.46, Use Classifications. Use classifications not listed in the table below are prohibited. Definitions can be found in Chapter 19.47, Terms and Definitions.

TABLE 19.06-A

USE REGULATIONS - RESIDENTIAL DISTRICTS

L-1: Location limitations; see Additional Regulations.

Transitional and supportive housing are allowed in all zoning districts under the same standards as other types of permitted residential uses.

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2015-01, § 2, 1-6-2015; Ord. No. 2017-04, § 3, 6-6-2017)

Table 19.06-B prescribes the development regulations for residential districts, including lot dimensions, building form and location, pedestrian orientation, vehicle accommodation and other standards. The "Supplemental Regulations" column indicates more detailed explanations or regulations that follow the table (in paragraphs indicated by letter designation) or that are located elsewhere in this Zoning Ordinance.

TABLE 19.06-B

DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS

A. Maximum Density in the RM District. The following table sets forth the minimum lot area for a given number of units under 12 units. When a lot is irregular, the minimum lot area shall be as determined by the Zoning Administrator but at least 10 percent greater than the following table.

TABLE 19.06-C

MAXIMUM DENSITY IN RM DISTRICT

* 1,000 sq. ft. additional for corner lots

B. Substandard Lot Standard. Any lot or parcel of land of less area or width than that required by the regulations for the district in which it is located may be used and/or developed as a building site subject to approval of a variance or certificate of compliance only if it was a lot of record on October 19, 1953 and the following standards are met:

1. Required Improvements. All lots adjoining a public right-of-way shall install all required improvements in compliance with applicable development standards and use regulations, unless the Planning Commission approves a variance or waiver in accordance with the provisions of this Zoning Ordinance.

2. RS District. No dwelling, other than a single family home, shall be constructed on any building site in the RS district containing less than 5,000 square feet of area.

3. RD and RM Districts. Up to two units may be constructed on any building site in the RD and RM districts containing less than 5,000 square feet of area, or less than 45 feet average width, with the approval of a Conditional Use Permit.

C. Minimum Setbacks. Minimum setbacks are as stated in Table 19.06-B. Illustrations are provided below for clarification. See Figure 19.06-A.

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D. Main Building Envelope — RS District. The envelope within which a main building on a site may be constructed is defined by minimum setback requirements, maximum height limits, and required daylight planes.

1. RS District. In the RS district, both maximum building height and the height of the required daylight plane vary according to lot slope, in the slope ranges specified in Table 19.06-D. See Section 19.03.070 for calculating lot slope.

a. Maximum Building Height. Table 19.06-D lists the building height allowed by-right, referred to as "Base Height." Additional building height, up to the maximum height stated in Table 19.06-D, may be allowed upon the granting of a Conditional Use Permit consistent with the provisions of Section 19.06.030(D)(3). See Section 19.03.050 for measuring building height.

b. Required Daylight Planes. Required daylight planes extend from all required setback lines at a specified height above grade, then upward and inward toward the center of the site at a 45-degree angle from horizontal. Table 19.06-D states the maximum height at the setback line from which the daylight plane is defined. See Figure 19.06-B.

TABLE 19.06-D

HEIGHTS IN RS DISTRICT

2. Projections Beyond Height Limits and Daylight Planes. Permitted projections beyond height limits and daylight planes are listed below. In any case where the dimensions of allowed projections specified below differ from those of Section 19.06.030(F), the more restrictive provision shall govern.

a. Chimneys up to 20 square feet in horizontal area. Chimneys may project up to 10 feet beyond the maximum height limit.

b. Dormers, provided that they are no more than 15 feet in width and do not occupy more than 20 percent of the total roof area.

c. Bay windows, not exceeding eight feet in length, up to a maximum of two feet projection past the main envelope.

d. Cornices, eaves, canopies, up to a maximum of two feet projection past the main envelope.

e. Other minor projections up to two feet that collectively do not extend more than 50% of the length of one side of the building.

f. Skylights, up to one and one half foot above the level of the roof.

Height increases beyond those stated above shall require a variance.

3. Exceptions to Main Building Envelope. Exceptions to the main building envelope may be permitted with a Conditional Use Permit or an Administrative Use Permit as follows:

a. Conditional Use Permit. The Planning Commission may consider the granting of exceptions to the standards set forth herein for single-family dwellings with respect to vertical and inclined setbacks and height limits, with a Conditional Use Permit pursuant to Chapter 19.34, Use Permits. In addition to the findings specified in that Chapter, the following findings must be met:

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i. The proposal when viewed in its entirety represents a superior design solution to that which would be possible if the project were built in full compliance with the required standards for the main building envelope, and will not cause a significant adverse impact on residences to the side, rear or directly across the street with respect to solar access, view blockage and privacy.

ii. For Conditional Use Permits that allow height increases, the proposal causes the least practicable impact on neighbors in terms of views, privacy, and solar access; and provides detailing, articulation, and other design treatments that mitigate any bulk created by the additional height.

Height increases beyond the maximum height allowed in Table 19.06-B shall be subject to a variance.

b. Administrative Use Permit for Reduced Rear Yard. The minimum rear yard dimension may be reduced to ten feet for single-story portions of single family dwellings in the RS District, subject to an Administrative Use Permit, provided that all of the following are met:

i. A usable yard area (determined by multiplying the minimum rear setback requirement with the actual width of the lot) is maintained permanently in the rear half of the lot. See Figure 19.06-C.

ii. The minimum rear yard dimension reduction will avoid or reduce an upper-story addition, and there will be no adverse impact on adjacent properties.

[Figure]

E. Maximum Height of Downslope Skirt Walls. On a downslope lot, the skirt wall which covers the unfinished understory of the home shall not be greater than six feet in height if lot slope is 40 percent or less; and eight feet if lot slope exceeds 40 percent. The height of the skirt wall shall be measured from finished grade to the floor level of the lowest floor that is above ground. Greater height may be approved with an Administrative Design Review pursuant to Chapter 19.38, Design Review, provided that the wall has an architectural treatment that minimizes the unattractive blank wall surface. Acceptable treatments include but are not limited to: a different but compatible surface material than the rest of the building; a minimum five-foot projection from the floor above covered with a deck; a minimum two foot recess from the floor above; or covering the skirt wall with a trellis on which plant material grows and is maintained. See Figure 19.06-D.

[Figure]

F. Projections. Projections are permitted in all residential districts except where specified subject to the following standards:

1. Projections Into Yards — Architectural Features. Architectural features, such as cornices, eaves, canopies, chimneys, and bay windows not exceeding 10 feet in length may not extend closer than three feet to the side lot line, nor more than three feet into any required front or rear setback. On corner lots, street side, such architectural features may not extend closer than five feet to the side lot line. Exceptions allowed with a conditional use permit.

2. Projections Into Yards — Stairs, Decks and Balconies. Open, uncovered stair landings, decks and balconies 12 feet or less in length and less than six feet above grade may not extend closer than three feet to the side lot line, nor project more than three feet into the minimum front setback, or six feet into the rear setback in any residential area. On corner lots, street side, and beside public paths, such structures may not extend closer than five feet to the side lot line. Exceptions allowed with a conditional use permit.

3. Projections above the Height Limit for RD and RM Districts. The following features may exceed the maximum height limit as specified:

a. Elevator or stair towers, not exceeding 10 percent of the roof area, and no more than 10 feet above the level of the roof, in buildings with three or more residential units.

b. Skylights, up to one foot above the level of the roof.

c. Fire escapes, catwalks, and open railings required by law.

d. Rooftop open space features in buildings with three or more residential units, such as seating, sunshade and windscreen devices, benches, open railings, and landscaping, up to 10 feet above the level of the roof.

[Figure]

G. Minimum Distance Between Buildings and Minimum Size of Courts. In the RM district, courts within or between buildings that have parking, front doors to units, or primary living area windows (as designated by the developer) shall have a minimum dimension of twenty feet.

H. Building Entrance. The principal entryway of each residential building shall incorporate a projection, recess, or combination of projection and recess of at least 20 square feet, with a minimum depth of four feet.

I. Facade Articulation. In the RM district, all street-facing facades shall have at least one horizontal or vertical projection or recess at least four feet in depth, or two projections or recesses at least two and one-half feet in depth, for every 25 linear feet of wall. The articulated elements shall occupy at least 50 percent of the height of the structure, and may be grouped rather than evenly spaced in 25 foot modules. Exceptions to this rule may be granted by either the Planning Commission via a use permit or through the review of the Design Review Board.

[Figure]

J. Windows and Trim. All windows shall have articulation that creates architectural interest and shadow, achieved either with the window recess, trim, or an alternative design that meets this objective as determined by the Zoning Administrator.

K. Design of Building Additions. Design elements used in additions to existing buildings, including but not limited to exterior materials, colors, windows, railings, porches, and decorative elements, shall be designed in a manner which is substantially and compatible with the design elements of the existing building. The Zoning Administrator shall make determinations of design compatibility. Exceptions may be granted through the design review process pursuant to Chapter 19.38, Design Review.

L. Curb Cuts and Driveways. For lots less than one acre, a maximum of one curb cut for a driveway entrance to parking is permitted, except that for single-family homes on lots with at least 80 feet of street frontage, two curb-cuts for circular driveways are permitted. Exceptions may be approved with a Conditional Use Permit, pursuant to Chapter 19.34, Use Permits. See Figure 19.06-G.

M. Maximum Driveway Width. In a street-facing yard, the maximum width of a driveway leading to parking facilities is 18 feet. See Figure 19.06-G. In the case of a three-car attached garage, the maximum width of a driveway is 27 feet. This does not apply to the size of the associated curb cut on public or private streets.

[Figure]

N. Limitations on Parking and Garage Frontage. The following standards apply to parking and garage frontage.

1. Detached Garages. Detached garages are subject to the following standards:

TABLE 19.06-E

DETACHED GARAGE STANDARDS

2. Maximum Width of Garages and Carports. Detached garages and carports within 30 feet of a front or street-facing side lot line shall be no more than 20 feet in width. In addition, all attached garages and carports located within 30 feet of a front or street-facing side lot line shall not exceed 50 percent of the width of the residential facade. Exceptions may be allowed with design review. See Figure 19.06-H.

[Figure]

3. Required Garage, Carport or Uncovered Parking Location to the Side or Rear of a Residence in Certain Cases. Garages, carports, or any uncovered parking spaces shall be located to the rear or side of any principal residential structure, and at least 30 feet from the front lot line, if at least 60 percent of the buildings in the immediate context have garages, carports and uncovered parking located at a depth of at least 30 feet from the front lot line. The immediate context shall consist of the five closest lots on each side of the project site plus the 10 closest lots on the opposite side of the street.

4. Location of Parking for Single-family Dwellings. Parking shall only be allowed in designated covered or uncovered paved or otherwise hardscaped spaces or in a designated driveway.

5. Location of Parking for Multi-family Dwellings. For projects with three or more residential units, no open parking or structured parking more than four feet above grade shall be located within 30 feet of a front or corner side property line. Exceptions may be approved with a Conditional Use Permit. See Figure 19.06-I.

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O. Maximum Paving in Street Facing Yards. No more than 50 percent of the required front or corner side yard may be covered with a paved surface. See Figure 19.06-G.

P. Minimum Site Area Devoted to Landscaping. In the RM district, no less than 15 percent of any site shall be devoted to landscaping. With the exception of areas for entry and exit, all required front and street side setbacks shall be landscaped and such areas shall be credited to the required landscaping.

Q. Required Planting on Downslope Lots. On all downslope lots with a ground slope greater than 10 percent, a minimum of three trees and three shrubs shall be planted in the downslope rear yard. Trees shall be of a species that is not highly flammable, and that does not have low branches close to the ground that could pose a fire hazard. Shrubs shall be located away from the base of the wall and tree trunks to minimize fire danger. See Figure 19.06-D.

R. Open Space Requirements.

1. Common Open Space. Common usable open space shall be provided in the ratio of 150 square feet for each dwelling unit on the lot. Common usable open space permanently maintained shall conform to the following standards:

a. Usability. A surface shall be provided which inhibits dust and allows convenient use for outdoor activities. Such surface shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt or other serviceable surface. Slope shall not exceed ten percent. Areas devoted to off-street parking or loading facilities, including access ways and service areas, shall not be considered usable open space.

b. Location. The space may be located anywhere on the lot, including the roof of the building, garage or carport, except within a required front setback, and provided the design review board shall have determined that such space is so designed and located as to be fully usable by the residents of the development. A maximum of 30% of the total common open space may be rooftop open space; greater amounts require approval of a Conditional Use Permit.

c. Dimension. An open space area shall only be counted toward meeting the common open space requirements, if no side is less than 15 feet. Common open space provided in excess of the amount required shall not be limited by this dimension requirement. When space is located on a roof, the area occupied by vents or other structures not provided to enhance the usability of the space shall not be counted toward meeting requirements of dimension or minimum size.

d. Accessibility. The open space shall be accessible to all of the dwelling units on the lot, and may be served by any access way, elevator, or other lawful access facility. Disabled access to the open space shall also be provided.

e. Openness. There shall be no obstructions above the space except for devices to enhance the usability of the space.

2. Private Open Space. A minimum of 80 percent of the dwelling units on a lot shall be provided with private usable open space permanently maintained and conforming to the following standards:

a. Usability. A surface shall be provided which inhibits dust and allows convenient use for outdoor activities, and shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable surface. Areas devoted to off-street parking or loading, including driveways and service area, shall not be considered usable open space. Balconies may be considered private open space.

b. Location. The space may be located anywhere on the lot except within the required front setback and shall be adjacent to the dwelling unit served.

c. Size and Shape. A ground-level space shall be not less than 100 square feet in area, and it shall have no dimension less than eight feet. Above ground-level space shall not be less than fifty square feet in area, and said space shall have no dimension less than five feet.

d. Accessibility. The space shall be accessible from only one dwelling unit, by a doorway to that unit.

e. Openness. There shall be no obstructions over ground-level space except for devices to enhance the usability of the space. Above ground-level space shall have at least one exterior side open and unobstructed, except for incidental railings or balustrades for eight feet above floor level.

3. Substitution of Private Open Space for Common Open Space. For every square foot of private open space provided over and above that required, the amount of common open space required may be reduced by one square foot.

S. Pedestrian Walkways. Where more than four units are provided on a lot, a walkway which is distinct, separate, and physically protected from any adjacent driveway or parking area, shall be required to provide access from the public right-of-way to the dwelling units.

T. Accessory Building Standards. One accessory building is allowed per parcel. This is in addition to a detached garage and/or accessory dwelling unit. Accessory structures, other than garages and accessory dwelling units, are subject to the following standards See Figure 19.06-J:

TABLE 19.06-F ACCESSORY BUILDING STANDARDS

[Figure]

U. Walls, Fences and Overhead Landscape Features.

1. Walls, Fences and Overhead Landscape Features Height and Separation. The following standards in Table 19.06.G shall apply. All fences and decorative walls require a fence clearance application.

2. Maximum Height — Walls and Fences in Street Facing Yards. Walls and fences in a front yard or street side yard may be a maximum of six feet in the following circumstances with a Conditional Use Permit, provided that at least 40 percent of the fence surface area is open and transparent and that no solid portion of the fence above three feet in height is within 10 feet of a driveway or alley.

a. Lots that front on major arterials as identified in the General Plan.

b. Lots that front on heavily used pedestrian routes and ways, including those on public streets.

c. Lots where deer and other animals intrude into yards on a regular basis.

3. Overhead Landscape Features — Allowable Height and Location.

a. Overhead landscape features, such as, but not limited to, arbors, pergolas and trellises may locate in the front yard or street side setback provided that the overhead yard feature is:

i. No higher than 8 feet measured from finished grade at any point.

ii. At least 6 feet from any structures on the property.

iii. Does not obstruct visibility to vehicular and pedestrian traffic.

iv. Requires a fence and overhead yard feature clearance application through the Planning Division and a building permit through the Building Division.

v. No more than two (2) overhead landscape features are located in the front yard. Exceptions may be granted with an administrative use permit.

b. Overhead landscape features, such as, but not limited to, arbors, pergolas and trellises may locate elsewhere on the property, not in the front yard or street side setback, provided that the overhead yard feature is:

i. No higher than 15 feet measured from finished grade at any point.

ii. At least 6 feet from any structures on the property.

iii. Requires a building permit through the Building Division.

TABLE 19.06-G

WALLS, FENCES AND OVERHEAD LANDSCAPE FEATURES — HEIGHT AND SEPARATION

Note: All fences and decorative walls require a fence and overhead landscape feature clearance application through the Planning Division. Overhead landscape features are not classified as accessory structures.

1 Fences constructed of masonry materials (bricks, concrete, stucco, etc.) and all retaining walls require a building permit.

2 See subsections (2) and (3) below.

3 All overhead landscape features require a building permit.

4. Combined Fences and Retaining Walls. Where a fence is constructed on top of an above-ground retaining wall, and located on a side or rear property line separating two properties, the maximum height shall be measured from the midpoint height of the retaining wall. See Section 19.03.050(D).

5. Fence Design and Materials.

a. Fencing visible from a street, except fencing for single-family detached homes, shall be treated as an integral part of the architecture, with materials, colors and detailing drawn from the building they surround or adjoin.

b. Fences for multifamily dwellings of 5 units or more shall be decorative masonry or stucco, subject to design review approval.

c. Chain link fencing is not a permitted material for any fences fronting on a street.

[Figure]

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2009-03, §§ I—VI, 4-20-2009; Ord. No. 2017-04, § 3, 6-6-2017)

All development is subject to development review under the City's administrative provisions, found in Part V, Administration of this Zoning Ordinance.

A. Procedure for Public Notification of Certain Single-Family Dwelling Construction. See Section 19.32.050(F) for requirements for submittal of preliminary design plans for any construction of single family dwellings of more than one story, including additions to single family dwellings which would add an additional story, or expand any story in excess of a main story.

B. Design Review Required. Design review may be required for certain types of projects, not including single family homes, that comply with all development standards and other requirements of this Title. See Chapter 19.38, Design Review.

(Ord. 2008-2 Div. II (part), 2008.)