Chapter 17.15 — BY-RIGHT HOUSING (-BRH) OVERLAY ZONE DISTRICT

This overlay zone district provides supplementary land use, affordable housing requirements, and review procedures for base districts located within the city. The overlay zone district implements requirements of state law regarding streamlined review procedures for residential projects identified in the city's adopted general plan housing element that have been "carried over" from previously adopted housing elements. This zone district does not modify permitted uses, nor does it restrict property owners from developing projects consistent with the requirements provided in this title for the base or underlying zone district.

(Ord. No. 547, § 4(Exh. B), 1-11-2024)

The standards and regulations of this chapter apply to the planning area designated with the -BRH extension on the zoning map. Except as provided in this chapter, all new structures and development as well as alterations to existing structures, shall comply with the requirements of the base zoning district.

(Ord. No. 547, § 4(Exh. B), 1-11-2024)

Any use permitted in the underlying district that is combined with a -BRH overlay zone district shall be allowed subject to the procedures of the underlying district, as modified by the -BRH district.

(Ord. No. 547, § 4(Exh. B), 1-11-2024)

A.

Residential Uses Allowed By-Right. Residential projects that comply with all applicable objective standards and criteria of the underlying district, include a minimum of twenty dwelling units per acre, and provide twenty percent of the units in the project as affordable to lower-income households do not require discretionary review under this title. Lower income shall have the same meaning as in Health and Safety Code section 50079.5. Qualifying projects are still subject to design review, except that such design review shall be ministerial, notwithstanding anything in NMC Chapter 17.35 to the contrary.

B.

Requirements for Affordable Units. The developer of a residential project under this chapter shall comply with the provisions of NMC 17.18.060 for the residential units designated as affordable to lower-income households, consistent with applicable requirements in state law. Where the requirements of state law conflict with the requirements of this title, state law shall prevail.

(Ord. No. 547, § 4(Exh. B), 1-11-2024)

Chapter 17.16 - RESERVED DIVISION III. - CITYWIDE REGULATIONS Chapter 17.17 - GENERAL SITE REGULATIONS

The purpose of this chapter is to prescribe development and site regulations that apply, except where specifically stated, to development in all districts. These standards shall be used in conjunction with the standards for each zoning district established in Article II, Base and Overlay District Regulations. In any case of conflict, the standards specific to the zoning district shall override these regulations.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.17.020 - Accessory buildings and structures.

A.

Applicability.

The provisions of this section apply to roofed structures, including but not limited to garages, carports, sheds, workshops, gazebos, and covered patios, that are detached from and accessory to the main building on the site. These provisions also apply to open, unroofed structures such as play equipment, decks and trellises, that are over eighteen inches in height and that are detached from and accessory to the main building on the site.

2.

When an accessory building or structure is attached to the main building, it shall be made structurally a part of and have a common wall or roof with the main building and shall comply in all respects with the requirements of this title applicable to the main building. Allowed building projections into yards and required building separations are stated in Section 17.17.090, Projections into Yards and Required Building Separations.

3.

Where an accessory dwelling unit is located over a detached garage, the entire structure shall be considered a main building, subject to the base district standards for main buildings. No portion of this building shall be closer to any lot line than is permitted for any other main building.

B.

Relation to Existing Structures. A detached accessory building may only be constructed on a lot on which there is a permitted main building to which the accessory building is related or on an adjacent lot under the same ownership.

C.

Height. The maximum allowable height of accessory structures is twelve feet except that accessory structures in non-residential districts with a minimum roof pitch of 4:12 may be up to sixteen feet in height.

D.

Location.

1.

All Districts.

a.

Front and Street-Side Setbacks. Accessory structures shall not be located within any required front or street-side setback area.

b.

Interior-Side and Rear Setbacks. Accessory structures greater than six feet six inches in height or more than one hundred twenty square feet in size shall be setback a minimum of three feet from interior side and rear property lines.

Additional Limitation, RS and RL Districts. In the RS and RL Districts, accessory structures shall be located in the rear half of the lot, shall not occupy more than thirty percent of the required rear yard area. No more than two accessory structure shall be allowed, excluding a detached garage.

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FIGURE 17.17.020.D: ACCESSORY STRUCTURE LIMITATIONS

E.

Separation from Main Buildings. Detached accessory structures shall be located a minimum of six feet from the main building, inclusive of roof covering.

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FIGURE 17.17.020.F: ACCESSORY STRUCTURE SEPARATION FROM MAIN BUILDING

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018)

17.17.030 - Development on substandard lots.

A.

Any lot or parcel of land that was legally created through a recorded deed may be used as a building site even when consisting of less area, width, or depth than that required by the regulations for the district in which it is located except as provided below:

1.

Two or More Adjoining Vacant Sites. Two or more adjoining vacant sites with continuous frontage, each having an area, width or frontage less than the minimum prescribed for the district in which the sites are located, in the same ownership as of the date of adoption of this section or subsequent thereto, is subject to all regulations for the district in which the sites are located, including minimum area, width and frontage requirements, as if the sites constituted a single parcel of real property.

B.

No substandard lot can be further reduced in area, width, or depth, unless such reduction is required as part of a public improvement.

C.

A substandard lot is subject to the same yard setback and density requirements as a standard lot.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Fences, walls, hedges, and similar structures shall comply with the standards of this section.

A.

Maximum Height. Fences, walls, hedges, and related structures are limited to a maximum of six feet except as follows: three feet high when located within required front yards or within four feet of a street side lot line, eight feet adjacent to four or more lane arterials for residential uses.

1.

Additional Height in Residential Districts.

a.

Director Approval. The Director may approve additional fence height with a minor use permit, in compliance with the following.

i.

Maximum Height.

(1)

Front Yards and within Four Feet of a Street Lot Line. Fences within the front yard and fences within four feet of a street lot line on a lot adjacent to a non-residential use may be up to six feet in height.

(2)

Outside Front Yards and More than Four Feet from a Street Lot Line. Fences located outside of a required front yard and more than four feet from a street lot line may be up to eight feet in height.

(3)

Materials. The Director may only approve additional fence height for fences made of masonry block, precast concrete, wood, or metal wrought iron. Vertical or horizontal extensions to an existing fence or wall shall be of the same material and design as the existing fence or wall.

ii.

Review and Required Findings. In approving additional fence height, the Director shall make the following findings.

(1)

The additional fence height will not impair the provision of adequate light, air, circulation, and visual openness around adjacent residential structures.

(2)

The additional fence height will not detract from the overall appearance of the neighborhood.

(3)

The additional fence height is not detrimental to the health, safety, and welfare of people living in the neighborhood.

2.

Additional Height in Non-residential Districts. The community development director may approve additional fence height with a minor use permit. The fence shall be in compliance with Materials Section A(1)(a)(i)(3) and the Required Findings Section A(1)(a)(ii) listed above.

3.

Hedges. Where the base of the main trunk is further than four feet from the street side lot line and within five feet of a permitted structure, a hedge may be of any height.

4.

Recreational Fencing. Fencing located around tennis courts, badminton courts, basketball or volleyball courts and similar areas up to twelve feet in height may be allowed with director approval, providing that all parts of the fence over six feet are made of open-wire construction or other corrosion-resistant materials.

Decorative Features. One entry gateway, trellis, or other entry structure is permitted in the required front or street-facing side yard of each lot, provided that the maximum height or width of the structure does not exceed eight feet and the maximum depth does not exceed five feet.

6.

Intersection and Driveway Visibility. Notwithstanding other provisions of this section, fences, walls, and related structures shall comply with Chapter 10.36, Visibility Requirements, of the Newark Municipal Code.

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FIGURE 17.17.040.A: FENCE AND FREESTANDING WALL HEIGHT

B.

Materials.

1.

Prohibition on Hazardous Fencing Materials. The use of barbed wire, razor wire, ultra-barrier, electrified, and other hazardous fencing is not permitted unless such fencing is required by any law or regulation of the city, the State of California, federal government, or other public agency.

a.

Exception. The planning commission may approve an exception to this standard for sites in employment districts, provided the hazardous fencing materials are located at the top portion of a fence which is at least six feet in height where the planning commission finds such fencing is necessary for security purposes.

2.

Limitation on Chain-Link Fencing.

a.

Residential Districts. Chain-link fencing is prohibited in residential districts.

b.

Non-residential Districts. In non-residential districts, chain-link fencing shall not be visible from the street, a state highway, or adjacent residential districts.

3.

Limitation on Concrete Block. Plain, concrete block is not permitted as a fencing material. Concrete block must be finished with stucco (or decorative split-faced block) and capped with a decorative cap.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018)

The structures listed in the following table may exceed the maximum permitted building height for the district in which they are located, subject to the limitations stated and further provided that no portion of a structure in excess of the building height limit may contain habitable areas or advertising. Additional height, above this limit, may be approved with a conditional use permit, pursuant to the provisions of Chapter 17.35, Use Permits.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.17.060 - Lighting and Illumination.

A.

Applicability. The standards of this section apply to all new development and to exterior alterations and additions that involve replacement light fixtures or systems, except as provided below:

1.

Exemptions. The following lighting is exempt from the provisions of this section.

a.

Public and private street lighting.

b.

Athletic Field Lights. Athletic field lights used within a school campus or public or private park.

c.

Safety and Security Lighting. Safety and security lighting for public facilities.

d.

Construction and Emergency Lighting. All construction or emergency lighting fixtures, provided they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.

e.

Seasonal Lighting. Seasonal lighting displays related to cultural or religious celebrations.

B.

Prohibitions. The following types of exterior lighting are prohibited.

1.

Searchlights. The operation of searchlights for advertising purposes.

2.

Mercury Vapor. Mercury vapor lights.

3.

Other Light Types. Laser lights or any other lighting that flashes, blinks, alternates, or moves.

C.

General Requirements. Outdoor lighting shall be designed to be an integral part of the built environment, reflecting a balance for the lighting needs with the contextual ambient light level and surrounding nighttime characteristics of the community. Lighting for commercial installations adjacent to or near residential uses shall be compatible with and not directly illuminate nearby residential uses.

1.

Maximum Height.

a.

Within one hundred feet of a residential district: sixteen feet.

b.

Other locations: twenty-five feet.

c.

Exceptions: The planning commission may allow additional height for activities, uses, or development with unique lighting needs; accentuating historic architectural features of a building; accentuating signage and/or landscape features; or for security purposes.

==> picture [420 x 116] intentionally omitted <==

FIGURE 17.17.060.C.1: MAXIMUM HEIGHT, OUTDOOR LIGHTING

2.

Design of Fixtures. Fixtures shall be appropriate to the style and scale of the architecture. Fixtures on buildings shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet or roof or eave of roof.

3.

Timing Controls. All outdoor lighting in non-residential development shall be on a time clock or photosensor system and turned off during daylight hours and during hours when the building or, in the case of shopping centers, all buildings, are not in use and the lighting is not required for security.

4.

Trespass. All lights shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties. The light level at property lines shall not exceed 0.3 foot-candles.

D.

Supplemental Requirements.

1.

Multi-Unit Residential Buildings.

a.

Lighting in parking areas, garage areas, and carport areas shall be maintained with a minimum of one footcandle of illumination at the ground level during the hours of darkness.

b.

Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least 0.25 foot-candles at the ground level during the hours of darkness.

2.

Non-residential Buildings. All exterior doors, during the hours of darkness, shall be illuminated with a minimum of 0.5 foot-candle of light.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Storage of goods, materials, machines, equipment, and inoperable vehicles or parts outside of a building for more than seventy-two hours shall conform to the standards in Table 17.17.070, Outdoor Storage Regulations. The regulations of this section do not apply to temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit or to the parking and storage of recreational vehicles or trailers pursuant to Section 17.17.080, Parking and Vehicle Storage in Required Yards.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018)

Noncommercial passenger vehicles, with a manufacturer's gross vehicle weight ten thousand pounds or less, recreation-type vehicles such as travel trailers, tent trailers, completely enclosed campers and boats on trailers may be parked or stored in yards, provided, that they are not subject to Chapter 10.52, Abatement of Abandoned, Wrecked, Dismantled or Inoperative Vehicles, of the Newark Municipal Code, subject to the following provisions:

A.

Unmounted campers shall not be located within the area extending across the full width of the lot between a street facing lot line and the nearest wall of the closest main building on the lot.

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FIGURE 17.17.080.A: UNMOUNTED CAMPER LOCATION LIMITATION

B.

Vehicles and equipment shall be parked on a driveway. "Driveway" shall include a permanently surfaced extension of the original driveway, located immediately adjacent and parallel to the original driveway. Such extension shall not exceed ten feet in width and shall not be used for the parking or storage of more than one passenger or recreation-type vehicle at any one time.

1.

For properties that front on four lane arterials or two lane collector streets in residential districts, two permanently surfaced extensions of the original driveway, located immediately adjacent and parallel to the original driveway, allowing for a maximum of four vehicles in the front yard, all of which must be operable, are allowed subject to design review by the director.

C.

Vehicles or equipment shall not encroach into the public right-of-way, including sidewalks.

D.

Campers which have been removed from the transporting vehicle and which are stored on driveways shall be situated as close to the ground as is practicable and shall not present a hazard to persons entering the driveway or passing by in the public right-of-way.

E.

Parked or stored vehicles, campers, or equipment shall not be occupied.

F.

Vehicles or equipment visible from adjacent property or public right-of-way shall not be used for the accumulation or storage of trash, debris, garbage, garden trimmings or other discarded materials.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.17.090 - Projections into yards and required building separations.

Building projections may extend into required yards or spaces between structures, according to the standards of Table 17.17.090, Allowed Projections into Required Yards and Building Separations, subject to all applicable requirements of the building code. The "limitations" column states any dimensional, area, or other limitations that apply to such structures where they project into required yards.

ilding projections may extend into required yards or spaces between structures, according to the standards of Table 17.17.090, Allowed Projections into Required Yards and Building Separations, subject to all applicable requirements of the building code. The "limitations" column states any dimensional, area, or other limitations that apply to such structures where they project into required yards.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Screening of Mechanical and Electrical Equipment. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from public rights-of-way or adjacent residential districts. Equipment to be screened includes, but is not limited to, all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems. Screening materials shall be consistent with the exterior colors and materials of the building. Exceptions may be granted by the director where screening is infeasible due to health and safety or utility requirements.

B.

Common Property Lines. A screening wall six feet in height shall be provided on the interior lot lines of any lot that contains any use in the industrial use classification or any use in the transportation, communication, and utilities use classification (except communications facilities and minor utilities) and abuts a residential district.

1.

Timing. The screening wall shall be provided at the time of new construction or expansion of buildings, or changes from one use classification to another non-residential use classification.

2.

Location. Screening walls shall follow the lot line of the lot to be screened, or shall be so arranged within the boundaries of the lot so as to substantially hide from adjoining lots the building, facility, or activity required to be screened.

3.

Materials. Industrial uses must provide a solid screening wall of stucco, decorative block, or concrete panel. Screening walls for other uses may be constructed of stucco, decorative block, concrete panel, wood, or other substantially equivalent material.

C.

Outdoor Storage Areas. Outdoor storage areas shall be screened from view from any public street or freeway; existing or planned residential area; or publicly accessible open space area, parking area, access driveway, or similar thoroughfare.

1.

Height. Screening walls and fences shall be at least six feet in height and no materials or equipment shall be stored to a height greater than that of the wall or fence. Fences and walls must not exceed the maximum allowable fence heights unless allowed pursuant to minor use permit approval.

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FIGURE 17.17.100.C.1: SCREENING OF OUTDOOR STORAGE

2.

Materials. The screening wall or fence shall be constructed of stucco, decorative block, concrete panel, wood or other substantially equivalent material.

D.

Other Outdoor Use Areas. Any use not conducted entirely within an enclosed structure shall be screened from view from any public street or freeway; existing or planned residential area; or publicly accessible open space area, parking area, access driveway, or similar thoroughfare where the director finds that the use without screening would have a detrimental effect on adjacent properties.

E.

Berms. An earth berm may be used instead of or in combination with the above types of screening walls.

F.

Maintenance. Screening walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Swimming pools, spas, and any body of water having a depth of more than 18 inches shall comply with the following standards:

A.

The swimming pool or spa, or the entire lot on which it is located, shall be walled or fenced from the street or from adjacent lots.

1.

Swimming pools and spas located within fifty feet of any lot line shall be screened from view from the street and adjoining properties with a structure or a solid fence or wall at least five feet in height. Swimming pools and spas located less than thirty feet to any lot line shall be screened by a masonry wall or solid fence not less than six feet in height on the side facing such lot line.

B.

The outside wall of the water-containing portion of any swimming pool or spa shall not be located within the required front or street side setback and shall be located at least five feet from all interior side and rear lot lines.

C.

Swimming pools shall be built and maintained per the requirements of the building code, including requirements for enclosure and security.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

This section establishes design and locational criteria for the construction of refuse, solid waste, recycling, compost, and green waste container storage areas. Refuse, solid waste, recycling, compost, and green waste are collectively referred to as "waste and recycling."

A.

General Requirements. All waste and recycling shall be placed in an appropriate receptacle. All garbage cans, mobile trash bins, receptacles, and all recycling materials and containers for such recycling materials shall be maintained and stored in accord with this section.

B.

Containment. All development shall provide either individual waste and recycling containers or waste and recycling enclosures consistent with the following:

1.

Individual Waste and Recycling Containers. Individual waste and recycling containers for each unit or tenant may be provided as follows:

a.

Development Type. Individual waste and recycling containers may be provided for:

i.

Single-unit development.

ii.

Multi-unit development.

iii.

Non-residential development where the director finds that the nature of the proposed development is such that the development will be adequately served with individual waste and recycling containers.

b.

Location. The waste and recycling containers shall not be located within any required front setback, street side setback, any required parking and landscaped areas, or any other area required by this title to be constructed or maintained unencumbered, according to fire and other applicable building and public safety codes.

i.

GI and LI Districts. In the GI and LI districts, waste and recycling containers shall also be setback a minimum of five feet from any property line and a minimum of ten feet from any residential or open space district boundary.

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FIGURE 17.17.120.B.1.B: WASTE AND RECYCLING CONTAINER LOCATION

c.

Visibility. The waste and recycling containers shall not be visible from a public right-of-way.

2.

Waste and Recycling Container Enclosures. Waste and recycling container enclosures are required for all new non-residential development except where the director finds the development will be adequately served with individual waste and recycling containers pursuant to Subparagraph (B)(1)(a) above.

a.

Size. Waste and recycling-container enclosures shall be sized to accommodate all trash, garbage, recyclables, and green waste until such items are picked up by the city or its contracted waste and recycling collector. The city may require additional collection service if receptacles do not provide adequate capacity.

b.

Location. The waste and recycling storage area shall not be located within any required front setback, street side setback, any required parking and landscaped areas, or any other area required by this title to be constructed or maintained unencumbered, according to fire and other applicable building and public safety codes.

c.

Accessibility. Waste and recycling storage areas shall be accessible so that trucks and equipment used by the contracted waste and recycling collector have sufficient maneuvering areas and, if feasible, so that the collection equipment can avoid backing up.

d.

Screening. Waste and recycling storage areas located outside or on the exterior of any building shall be screened with a solid enclosure at least six feet high and include a roof structure.

e.

Enclosure Material. Enclosure material shall be wood, solid masonry, or concrete tilt-up with decorated exterior-surface finish. The trash enclosure shall match and complement the color scheme and architecture of the associated development.

f.

Gate Material. Latching, view-obscuring gates shall be provided to screen trash enclosure openings.

g.

Enclosure Pad. Pads shall be a minimum of four-inch-thick concrete.

h.

Bumpers. Bumpers shall be two inches by six inches thick and made of concrete, steel, or other suitable material, and shall be anchored to the concrete pad.

i.

Clear Zone. The area in front of and surrounding all enclosure types shall be kept clear of obstructions, and shall be painted, striped, and marked "No Parking."

j.

Drainage. The floor of the enclosure shall have a drain that connects to the sanitary sewer system.

k.

Travelways and Area in Front of Enclosure. The travelways and area in front of the enclosure shall have an adequate base to support a truck weight of at least sixty-two thousand pounds.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

All electrical, telephone, cable television, and similar distribution lines providing direct service to a project shall be installed underground within the site. This requirement may be waived by the director upon determining that underground installation is infeasible.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)