§ 155.204 RESIDENTIAL ZONING DISTRICTS. — Eureka Zoning Code

§ 155.204.010 PURPOSE OF RESIDENTIAL ZONING DISTRICTS. ¶

(A) General. The purposes of the residential zoning districts are to:

(1) Maintain stable neighborhoods offering a range of housing choices for residents with varied incomes and lifestyle needs; (2) Provide sufficient land in a range of residential densities to enable citizens from a wide array of economic levels and stages of life to live in Eureka, and to accommodate the existing and future workforce;

(3) Accommodate increased development of high-density housing to balance Eureka's housing inventory and enhance affordability;

(4) Encourage the construction of new high-density multi-family housing in zoning districts where multi-family housing is allowed;

(5) Promote housing in close proximity to parks, schools, and public services;

(6) Promote new development that supports a pedestrian-friendly environment and allows residents to easily walk, bike, and take transit to destinations;

(7) Ensure that development protects and enhances the positive qualities of existing neighborhoods and strengthens Eureka's unique sense of place;

(8) Encourage the development of vacant lots and the redevelopment of underutilized properties;

(9) Allow improvements to existing homes consistent with the historic neighborhood character and the need to produce more housing units;

(10) Allow for public and quasi-public uses compatible with a residential setting; and

(11) Allow limited neighborhood-serving commercial uses to enhance residents' quality-of-life where allowed by the Neighborhood Market (NMO) Overlay Zone.

(B) Specific.

(1) Residential Estate (RE). The RE Zoning District provides areas for low-density single-family detached homes, accessory dwelling units, and limited agricultural uses with a rural character compatible with adjacent agriculture, timberland, and open space uses. Two attached or detached single-family homes may be allowed on one lot pursuant to Cal. Government Code § 65852.21.

(2) Residential Low (R1). The R1 Zoning District contains neighborhoods of single-family homes and accessory dwelling units in a moderately low-density setting, located in proximity to parks, schools, and public services. Two attached or detached single-family homes may be allowed on one lot pursuant to Cal. Government Code § 65852.21.

(3) Residential Medium (R2). The R2 Zoning District accommodates a variety of medium-density housing types close to commercial (mixed-use) areas.

(4) Residential High (R3). The R3 Zoning District accommodates high-density multi-family housing in an urban setting close to employment centers, mixed-use zoning districts, and/or public transportation.

(C) Coastal zoning districts.
(1) The following residential zoning districts are located exclusively in Eureka's Coastal Zone:
(a) Residential Estate - Coastal (RE-CZ).
(b) Residential Low - Coastal (R1-CZ).
(c) Residential Medium - Coastal (R2-CZ).
(d) Residential High - Coastal (R3-CZ).

(2) Purpose statements, allowed land uses, and development standards for coastal zoning districts are found in Municipal Code Chapter 156 (Coastal Zoning).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 965-C.S., passed 8-19-25)

§ 155.204.020 ALLOWED LAND USES. ¶

(A) General. Table 204-1 identifies allowed land uses and required permits in the residential zoning districts.

(B) Additional permits. In addition to permits identified in Table 204-1, proposed projects in the residential zoning districts may require additional permits and approvals as described in § 155.412 (Specific Permits and Approvals).

Table 204-1: Allowed Land Uses in Residential Zoning Districts
P = Permitted Use M = Minor Use Permit Required C = Conditional Use Permit Required - = Prohibited
Land Use		Zoning District			Additional Standards
	Residential Estate RE	Residential Low R1	Residential Medium R2	Residential High R3

Table 204-1: Allowed Land Uses in Residential Zoning Districts
P = Permitted Use M = Minor Use Permit Required C = Conditional Use Permit Required - = Prohibited
Land Use		Zoning District			Additional Standards
	Residential Estate RE	Residential Low R1	Residential Medium R2	Residential High R3
Residential
Accessory dwelling unit (ADU)	P [1]	P [1]	P	P	155.316
Medical care housing	C	C	M	M
Micro/shared housing	-	-	C	C
Multi-family dwellings	-	-	P	P	155.304.100
Non-medical care housing, large	-	-	P	P
Non-medical care housing, small	P	P	P	P
Single-family home, attached (townhomes)	P [1]	P [1]	P	P	155.204.040
Single-family home, detached (existing)	P [1]	P [1]	P	P	155.204.040
Single-family home, detached (new)	P [1]	P [1]	P [2]	P [2]	155.204.040
Tiny house on wheels	P	P	P	P	155.304.130, 155.316
Commercial
Car share facility	-	-	P	P	155.304.040
Day care facility	C [3]	C [3]	M [3]	M [3]
Family day care home, small or large [4]	P	P	P	P	155.304.060
Vacation rental					155.304.150
Proprietor on-site	P	P	P	P
No proprietor on-site	M	M	M	M
Agricultural and Natural Resources
Timber production and harvesting	C	C	-	-
Resource protection and restoration	P	P	P	P
Civic and Recreation
Civic institutions	C	C	C	C
Government facilities	C	C	C	C
Non-commercial places of assembly	C	C	C	C
Parks and playgrounds	P	P	P	P
Schools, public and private	C	C	C	C
Instructional services	-	-	C [5]	C [5]

Infrastructure and Utilities
Public utility	C	C	C	C
Other Uses and Activities
Accessory uses		See 155.304.020
Animal keeping		See Municipal Code Chapter 91
Home occupations		See 155.304.070
Neighborhood-serving commercial		See 155.224.030
Temporary uses		See 155.336
Tree removal		See 155.304.140
Wireless telecommunication facilities	C	C	C	C	Municipal Code Chapter 159
NOTES: [1] Up to four dwelling units are allowed on one lot in the RE and R1 zoning districts: one single-family home and up to three of the following: a second single-family home (attached or detached); two accessory dwelling units (attached or detached); and/or one junior accessory dwelling unit. Lots resulting from an urban lot split subdivision (§ 155.332.030) are only allowed three dwelling units: one single-family residence, one junior accessory dwelling unit and either one additional single-family residence or one accessory dwelling unit. [2] Allowed only on lots 3,000 square feet or less; or if an existing dwelling unit that is part of a multi-family dwelling becomes a single-family residence as a result of a subdivision; or on a lot with a non-residential primary use (i.e., in combination with another primary use on the same lot). [3] Allowed by-right when located in an existing non-residential facility such as a church or community center. Use permit required for all other day care facilities. [4] Allowed only as a secondary use when combined with an allowed primary use. See § 155.108.050(C) (Types of Uses). [5] Allowed only on collector and arterial streets as shown in General Plan Figure M-1. Not allowed on local streets.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23; Am. Ord. 965-C.S., passed 8-19-25)

§ 155.204.030 DEVELOPMENT STANDARDS. ¶

(A) RE and R1 Zoning Districts.

(1) General development standards. Table 204-2 shows development standards in the RE and R1 Zoning Districts when the authority contained in § 155.332.030 (Urban Lot Split Subdivisions) is not exercised. Standards apply to both primary and accessory buildings unless otherwise noted.

(2) Urban lot splits. Table 204-2.1 shows development standards in the RE and R1 Zoning Districts for lots that are subdivided pursuant to § 155.332.030 (Urban Lot Split Subdivisions).

(1)_General development standards._Table 204-2 shows development standards in the RE and R1 Zoning Districts when the authority contained in § 155.332.030 (Urban Lot Split Subdivisions) is not exercised. Standards apply to both primary and accessory buildings unless otherwise noted. (2)_Urban lot splits._Table 204-2.1 shows development standards in the RE and R1 Zoning Districts for lots that are subdivided pursuant to § 155.332.030 (Urban Lot Split Subdivisions).

Table 204-2: RE and R1 Development Standards
Standard	Zoning District		Additional Standards
	Residential Estate RE	Residential Low R1

Table 204-2: RE and R1 Development Standards
Standard	Zoning District		Additional Standards
	Residential Estate RE	Residential Low R1
Minimum lot area [1]	10,000 sq. ft.	5,000 sq. ft.	155.308.010
Maximum floor area ratio (FAR) [2]	0.75	1.0
Maximum units per lot [3][4]	4 du/lot	4 du/lot
Maximum site coverage [2]	35%	60%
Maximum building height	35 ft.	35 ft.	155.308.020

Minimum property line setbacks [5][6]
Front			155.204.030(D); 155.308.030
Building walls	15 ft. [7]	10 ft. [7]
Porches and stoops	15 ft. [7]	5 ft. [7]
Garage doors and carport entrances	20 ft.	20 ft.
Exterior side			155.204.030(D) and (E); 155.308.030
Building walls; porches and stoops	15 ft. [7][8]	5 ft. [7][8]
Garages on a corner lot facing a side street and entirely located within 30 ft. of the rear lot line	0 ft. or 20 ft. [9]	0 ft. or 20 ft. [9]	155.204.030(F)
All other garages	20 ft.	20 ft.
Interior side no alley			155.204.030(E); 155.308.030
All structures	15 ft. [8]	5 ft. [8]
Interior side alley adjacent [10]
First story	0 ft. - 4 ft. or 10 ft.	0 ft. - 4 ft. or 10 ft.
Second story and above	0 ft.	0 ft.
Rear alley adjacent [10][11]			155.204.030(G); 155.308.030
First story	0 ft. - 4 ft. or 10 ft.	0 ft. - 4 ft. or 10 ft.
Second story and above	0 ft.	0 ft.
Rear no alley [11]			155.204.030(G); 155.308.030
First story	5 ft.	5 ft.
Second story and above	10 ft.	10 ft
NOTES: [1] Minimum lot area standard applies only to new lots created through the subdivision or lot line adjustment process after June 20, 2019. Lots existing as of June 20, 2019 are not subject to a minimum lot size standard. See § 155.332.040 (Conservation Subdivisions) and § 155.332.030 (Urban Lot Split Subdivisions) for exceptions to these minimum lot area standards. [2] Excludes accessory dwelling units in conformance with § 155.316 (Accessory Dwelling Units). [3] Up to four units are allowed on a single lot (except for lots resulting for urban lot split subdivisions described in Table 204-2.1 below). The four units must include one single-family home and up to three of the following: a second single-family home (attached or detached); two accessory dwelling units (attached or detached); and/or one junior accessory dwelling unit. [4] For the purpose of calculating the maximum number of lots created through conservation subdivisions, the maximum density in RE is 4 du/acre and maximum in R1 is 8.5 du/acre. [5] The setbacks for accessory dwelling units and SB 9 residential developments shall be the same as those required for primary structures in the applicable zoning district, except as provided by § 155.316.060 (for accessory dwelling units) and § 155.204.040 (for SB 9 residential developments). [6] Provided the setbacks as proposed are sufficient for fire and safety as determined by the Building Official. [7] Or average of adjacent lots, whichever is less. See § 155.204.030(D) (Average Setback Alternative). [8] A residential addition of habitable floor area may encroach into the setback if extending a nonconforming building wall. See § 155.204.030(E) (Established Side Setbacks for Building Additions). [9] Garages must be set back either zero feet or 20 feet or more from the lot line. Garages may not be setback any distance between 0 ft. and 20 feet from the lot line. See Figure 204-4. This applies only to garages, not to carports. [10] Eaves, gutters, and other building features may project across a lot line into an alley only when allowed by the Building Code and with an easement and/or encroachment permit. [11] See Figure 204-5 in § 155.204.030(G) (Rear Setbacks).

Table 204-2.1: Urban Lot Split Development Standards
Standard	Zoning District		Additional Standards
	Estate Residential RE	Residential Low R1

Table 204-2.1: Urban Lot Split Development Standards
Standard	Zoning District		Additional Standards
	Estate Residential RE	Residential Low R1
Minimum lot area [1]			155.308.010
Minimum square footage	1,200 sq. ft.	1,200 sq. ft.
Minimum lot area as a percentage of original lot area	40%	40%
Maximum floor area ratio [1] (FAR)
Residential structures only	1.3	1.3
Residential structures and covered parking (garage and/or carport)	1.67	1.67
Maximum units per lot [2]	3 du/lot	3 du/lot
Maximum site coverage	100%	100%
Maximum building height	35 ft.	35 ft.	155.308.020
Minimum property line setbacks [3][4]
New interior property line [5]	0 ft.	0 ft.
Front			155.204.030(D); 155.308.030
Building walls	10 ft. [6]	10 ft. [6]
Porches and stoops	5 ft. [6]	5 ft. [6]
Garage doors and carport entrances	0 ft. or 20 ft.	0 ft. or 20 ft.
Exterior side			155.204.030(D) and (E); 155.308.030
Building walls; porches and stoops	4 ft. [6][7]	4 ft. [6][7]
Garages on a corner lot facing a side street and entirely located within 30 ft. of the rear lot line	0 ft. or 20 ft. [8]	0 ft. or 20 ft. [8]	155.204.030(F)
All other garages	20 ft.	20 ft.
Interior side no alley
All structures	4 ft. [7]	4 ft. [7]	155.204.030(E); 155.308.030
Interior side alley adjacent [9]
First story	0 ft. - 4 ft. or 10 ft.	0 ft. - 4 ft. or 10 ft.
Second story and above	0 ft.	0 ft.
Rear alley adjacent [9]			155.308.030
First story	0 ft. - 4 ft. or 10 ft.	0 ft. - 4 ft. or 10 ft.
Second story and above	0 ft.	0 ft.
Rear no alley			155.308.030
All structures	4 ft.	4 ft.

	Minimum property line setbacks [5][6]
	NOTES: [1] Excludes accessory dwelling units in conformance with § 155.316 (Accessory Dwelling Units). [2] A maximum of one single-family home, one junior accessory dwelling unit and either one additional single-family home or one accessory dwelling unit are allowed on a lot that is subdivided using the authority contained in § 155.332.030 (Urban Lot Split Subdivisions). [3] Provided the setback is sufficient for fire and safety as determined by the Building Official. [4] The setbacks for accessory dwelling units and SB 9 residential developments shall be the same as those required for primary structures in the applicable zoning district, except as provided by § 155.316.060 (for accessory dwelling units) and § 155.204.040 (for SB 9 residential

developments).

[5] "New interior property line" means a property line created pursuant to § 155.332.030 (Urban Lot Split Subdivisions) that does not abut an existing parcel outside of the property subject to the urban lot split.

[6] Or average of adjacent lots, whichever is less. See § 155.204.030(D) (Average Setback Alternative).

[7] A residential addition of habitable floor area may encroach into the setback if extending a nonconforming building wall. See § 155.204.030(E) (Established Side Setbacks for Building Additions).

[8] New garages must be set back either zero feet or 20 feet or more from the lot line. New garages may not be setback any distance between 0 ft. and 20 feet from the lot line. See Figure 204-4. This applies only to garages, not to carports.

[9] Eaves, gutters, and other building features may project across a lot line into an alley only when allowed by the Building Code and with an easement and/or encroachment permit.

(B) R2 and R3 Zoning Districts. Table 204-3 shows development standards in the R2 and R3 Zoning Districts. Standards apply to both primary and accessory buildings unless otherwise noted.

(B)_R2 and R3 Zoning Districts._Table 204-3 shows development standards in the R2 and R3 Zoning Districts. Standards apply to both primary and accessory buildings unless otherwise noted.

Table 204-3: R2 and R3 Development Standards
Standard	Zoning District		Additional Standards
	Residential Medium R2	Residential High R3

Table 204-3: R2 and R3 Development Standards
Standard	Zoning District		Additional Standards
	Residential Medium R2	Residential High R3
Minimum lot area [1]	2,000 sq. ft.	2,000 sq. ft.	155.308.010
Density [2]
Maximum units per acre	22 du/acre	44 du/acre
Minimum lot area per unit	2,000 sq. ft.	1,000 sq. ft.
Maximum floor area ratio (FAR) [2]	1.25	1.25
Maximum site coverage [2]
Lots less than 4,000 sq. ft.	50%	60%
Lots 4,000 - 5,999 sq. ft.	60%	70%
Lots 6,000 sq. ft. and above	70%	80%
Maximum building height			155.308.020
Primary building	35 ft. [3]	35 ft. [3]
Detached accessory building [3]
Lots less than 4,000 sq. ft.	24 ft.	24 ft.
Lots 4,000 - 5,999 sq. ft.	28 ft.	28 ft.
Lots 6,000 sq. ft. and above	35 ft.	35 ft.
Minimum property line setbacks [4][5][6]
Front			155.204.030(D); 155.308.030
Building walls	10 ft. [7]	10 ft. [7]
Porches and stoops	5 ft. [7]	5 ft. [7]
Garage doors and carport entrances	20 ft.	20 ft.
Exterior side			155.204.030(D) and (E); 155.308.030
Building walls; porches and stoops	5 ft. [7][8]	5 ft. [7][8]

Garages on a corner lot facing a side street and entirely located within 30 ft. of the rear lot line	0 ft. or 20 ft. [9]	0 ft. or 20 ft. [9]	155.204.030(F)
All other garages	20 ft.	20 ft.
Interior side no alley			155.204.030(E); 155.308.030
All structures	5 ft. [8]	5 ft. [8]
Interior side alley adjacent [10]
First story	0 ft. - 4 ft. or 10 ft.	0 ft. - 4 ft. or 10 ft.
Second story and above	0 ft.	0 ft.
Rear alley adjacent [10][11]			155.204.030(G); 155.308.030
First story	0 ft. - 2 ft. or 10 ft.	0 ft. - 2 ft. or 10 ft.
Second story and above	0 ft.	0 ft.
Rear no alley [11]			155.204.030(G); 155.308.030
First story	5 ft.	5 ft.
Second story and above	10 ft.	10 ft
NOTES: [1] Minimum lot area standard applies only to new lots created through the subdivision or lot line adjustment process after June 20, 2019. Lots existing as of June 20, 2019 are not subject to a minimum lot size standard. See § 155.332.040 (Conservation Subdivisions) for an exception to these minimum lot area standards. [2] Excludes accessory dwelling units in conformance with § 155.316 (Accessory Dwelling Units). [3] The maximum height for an accessory building attached to a primary building is the same as the maximum height of the primary building. [4] The setbacks for accessory dwelling units shall be the same as those required for primary structures in the applicable zoning district, except as provided by § 155.316.060(F). [5] No minimum setback is required from lot lines within a small lot subdivision that do not abut a lot outside of the small lot subdivision. See § 155.332.020 (Small Lot Subdivisions). [6] Provided the setbacks as proposed are sufficient for fire and safety as determined by the Building Official and pursuant to the California Building or Residential Code. [7] Or average of adjacent lots, whichever is less. See § 155.204.030(D) (Average Setback Alternative). [8] A residential addition of habitable floor area may encroach into the setback if extending a nonconforming building wall. See § 155.204.030(E) (Established Side Setbacks for Building Additions). [9] Garages must be set back either zero feet or 20 feet or more from the lot line. Garages may not be setback any distance between 0 ft. and 20 feet from the lot line. See Figure 204-4. This applies only to garages, not to carports. [10] Eaves, gutters, and other building features may project across a lot line into an alley only when allowed by the Building Code and with an easement and/or encroachment permit. [11] See Figure 204-5 in § 155.204.030(G) (Rear Setbacks).

(D) Average setback alternative. Minimum required front and exterior side setbacks in Tables 204-2, 204.2-1, and 204-3 may be reduced as provided below.

(1) Interior lots.

(a) For interior lots adjacent to two developed lots, the minimum front setback for building walls, porches, and stoops may be reduced to the average existing front setback of buildings of all developed lots on the same block face. See Figure 204-1.

(b) For lots not on a standard block configuration, the minimum setback may be reduced to the setback equal to the adjacent developed lots. New multi-lot subdivisions must comply with the minimum setbacks in Tables 204-2 and 204-3.

(2) Corner lots. For corner lots, the minimum front and exterior side setbacks may be reduced to the average setback of all developed lots on the same block face, including alley-separated lots. See Figure 204-2.

Figure 204-1: Alternative Front Setback - Interior Lots

Figure 204-2: Alternative Front and Exterior Side Setback - Corner Lots

(E) Established side setbacks for building additions.

(1) A building wall nonconforming to an interior or exterior side setback, if established prior to June 20, 2019, may be extended by-right to accommodate a residential addition of habitable floor area, including accessory dwelling units. See Figure 204-3. This allowance does not apply to garages and other non-habitable buildings or portions of a building.

(2) Eaves and other building projections may not extend across a lot line. The Director may require a boundary survey to verify the lot line location.

Figure 204-3: Established Setbacks for Building Additions

(F) Exterior side setbacks for garages. As stated in Tables 204-2 and 204-3, if a street-facing garage is entirely located within 30 feet of the rear lot line, the garage must be setback either zero feet or 20 feet or more from the exterior lot line. See Figure 204-

This provision applies only to garages, not to carports.

Figure 204-4: Exterior Street Garage Setbacks

(G) Rear setbacks.

(1) As stated in Tables 204-2 and 204-3, the first story of a building must be setback either zero to four feet or ten feet or more from an alley-adjacent rear lot line. No setback is required for the second story and above. See Figure 204-5.

(2) For rear lot lines that are not adjacent to any alley, a five-foot setback is required for the first story and a ten-foot setback is required for the second story and above. See Figure 204-5.

Figure 204-5: Minimum Rear Setback Elevations

(H) Setback projections. See § 155.308.030(A) (Building Features) for building projections and site improvement allowed within minimum setbacks.

(I) Accessory dwelling units. See § 155.316 (Accessory Dwelling Units) for development standards that apply to accessory dwelling units (ADUs).

(J) Accessory structures and site features - setback encroachments. See § 155.308.030(B) (Site Features) for site features and accessory structures allowed in minimum setback areas.

(K) Subdivision alternatives. See § 155.332 (Residential Subdivision Alternatives) for allowed modifications to development standards for small lot subdivisions, conservation subdivisions, and urban lot split subdivisions.

(L) Design standards. See § 155.312 (Design Standards) for building entry, architectural relief, and garage door width standards that apply to new primary buildings except single-family homes.

(M) Parking. See § 155.324 (Parking).

(N) Landscaping. See § 155.328 (Landscaping).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 951-C.S., passed 10-17-23; Am. Ord. 965-C.S., passed 8-19-25)

§ 155.204.040 SB 9 HOUSING DEVELOPMENTS. ¶

(A) Applicability. This division establishes standards for SB 9 housing developments in conformance with Cal. Government Code § 65852.21. SB 9 housing developments consist of applications for two new single-family homes on one parcel or for a second single-family home on a parcel with an existing single-family home in the RE or R1 Zoning Districts.

(B) Relationship to urban lot split subdivisions. Applicants may use the multiple dwelling unit provisions of this division and the urban lot split provisions of § 156.332.030 (Urban Lot Split Subdivisions) either independently or in combination, provided all applicable regulations are met.

(C) Eligibility requirements. Up to two primary dwelling units are allowed on one parcel in the RE or R1 Zoning Districts provided the following eligibility requirements are met:

(1) Compliance with Zoning Code. The SB 9 housing development complies with all applicable requirements of this chapter for primary structures, except as modified by the provisions of this subsection. This includes maximum height, FAR, and site coverage standards as outlined in Tables 204-2 and 204-2.1.

(2) Environmental resources and hazards. The parcel satisfies the requirements of Cal. Government Code § 65913.4(a)(6), subparagraphs (B) to (K), which prohibit development on sites subject to specified environmental resources and hazards.

(3) Affordable and rental housing.
(a) The SB 9 housing development will not require demolition or alteration of housing that is subject to a recorded

covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

(b) The SB 9 housing development will not require demolition or alteration of housing that has been occupied by a tenant in the last three years; and

(c) No current or previous parcel owner has exercised the owner's rights under Cal. Government Code §§ 7060 et seq. (the Ellis Act) to withdraw accommodations from rent or lease within 15 years before the date of application for the SB 9 housing development.

(4) Historic resources. The parcel is not listed on the State or Local Register of Historic Places or located within a designated historic district.

(D) Permitting process.

(1) Zoning clearance. An SB 9 housing development consistent with the requirements of this section is allowed by-right with a zoning clearance (i.e., building permit approval).

(2) Time limit to act. An SB 9 housing development shall be approved or denied within 60 days of submission of a complete application.

(3) Nonconforming zoning conditions. Establishing a dwelling unit shall not require the correction of an existing legal nonconforming zoning condition on the property.

(E) Development standards.

(1) Maximum number of dwelling units.

(a) Project without urban lot split. Accessory dwelling units in compliance with § 155.316 (Accessory Dwelling Units) are allowed in conjunction with an SB housing development, provided the total number of dwelling units does not exceed four on any given lot in the RE or R1 zoning district.

(b) Project with urban lot split. When a lot split occurs under Cal. Government Code § 66411.7 and § 155.332.030 (Urban Lot Split Subdivisions), each resulting parcel is limited to three dwelling units: one single-family home, one junior accessory dwelling unit, and either one additional single-family home or one accessory dwelling unit.

(2) Density. Second single-family homes created by SB 9 housing developments are not considered for the purposes of evaluating the density requirements established by the general plan, but may count as a dwelling unit for purposes of identifying adequate sites for housing.

(3) Minimum setbacks from property lines. The setbacks for dwelling units created through an SB 9 housing development shall be the same as those required for other primary structures in the applicable zoning district, except as provided below:

(a) Side and rear setbacks. The minimum side or rear setback shall be four feet, unless the applicable zoning district permits a smaller minimum setback for primary structures, in which case that smaller setback applies.

(b) Setback exception. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

(4) Parking. On-site parking is not required for dwelling units created through an SB 9 housing development.

(5) Separation between dwelling units.

(a) No minimum separation is required between dwelling units on a parcel.

(b) Dwelling units may be attached if the structures meet Building Code safety standards and are sufficient to allow separate conveyance.

(6) Guaranteed allowance. A standard of this chapter must be waived if the applicant demonstrates it would prohibit up to two single-family homes, each with up to 800 square feet of floor area, as long as the units comply with all other applicable standards.

(F) Use restrictions.

(1) Vacation rental prohibition. Rental of any dwelling unit created through an SB 9 housing development must be for a term longer than 30 days.

(2) Residential uses only.

(a) The primary use of dwelling units created through an SB 9 housing development must be residential. A dwelling unit may not be utilized for a non-residential primary use otherwise permitted in the RE or R1 Zoning Districts as identified in Table 204-1.

(b) Home occupations and other accessory uses are permitted in a dwelling unit consistent with § 155.304.070 (Home Occupations) and § 155.304.020 (Accessory Uses).

(Ord. 965-C.S., passed 8-19-25)