Newark Municipal Code Ch. 17.07 Residential Districts

The specific purposes of residential districts are to:

A. Provide for a full range of housing types consistent with the general plan;

B. Preserve, protect and enhance the character of the city's different residential neighborhoods and the quality of life of city residents;

C. Ensure adequate light, air, privacy, and open space for each dwelling;

D. Ensure that the scale and design of new development and alterations to existing structures are compatible with surrounding homes and appropriate to the physical characteristics of the site and the area where the project is proposed; and

E. Provide sites for public and semi-public land uses such as parks, schools, day care, and other community uses that will serve city residents and will complement surrounding residential development.

Additional purposes of each residential district are as follows:

RS residential single family. This district is intended for residential densities up to 8.7 units per net acre. It provides for single-family residential developments on lots typically larger than five thousand square feet. In addition to single-family homes, this district provides for other compatible uses, such as schools, childcare centers, parks, and community facilities that may be appropriate in a single-family residential neighborhood. This district implements the low density residential general plan land use designation.

RL residential low density. This district is intended for residential densities up to fifteen units per net acre. Densities at the higher end of this range are only allowed on properties which have their primary access on an arterial or collector street and which are found to be compatible with the character and intensity of residential development in the area. This district provides for small lot single family homes, zero lot line and patio homes, mobile home parks, and other areas characterized by a mix of older single-family homes and small multi-unit buildings. These areas have the basic characteristics of single-family neighborhoods. In addition, this district provides for other compatible uses, such as schools, childcare centers, parks, and community facilities that may be appropriate in a low density residential neighborhood. This district implements the low-medium density residential general plan land use designation.

RM residential medium density. This district is intended for residential densities from fourteen to thirty units per net acre. Densities at the higher end of this range are only allowed on properties which have their primary access on an arterial or collector street and which are found to be compatible with the character and intensity of residential development in the area. This district provides for garden apartments and condominiums, townhomes, row houses, four- to eight-plexes, and older areas that contain a mix of multi-family and single-family homes within this range. These areas tend to be multi-family in character but retain some of the characteristics of suburban neighborhoods. In addition, this district provides for other compatible uses, such as schools, childcare centers, parks, and community facilities that may be appropriate in a medium density residential neighborhood. This district implements the medium density residential general plan land use designation.

RH residential high density. This district is intended for residential densities from twenty-five to sixty units per net acre. It provides for apartment and condominium complexes that are generally three stories or more. On larger parcels with this designation, common open space and other shared amenities are typically provided. In addition, this district provides for other compatible uses, such as schools, childcare centers, parks, and community facilities that may be appropriate in a high density residential neighborhood. This district implements the high density residential general plan land use designation.

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

Table 17.07.020, Land Use Regulations-Residential Districts, prescribes the land use regulations for residential districts. Use classifications are defined in Chapter 17.45, Use Classifications. In cases where a specific land use or activity is not defined, the director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed in the table or not found to be substantially similar to the uses below are prohibited. Section numbers in the right hand column refer to other sections of this title.

TABLE 17.07.020: LAND USE REGULATIONS-RESIDENTIAL DISTRICTS "P" Permitted Use; "M" Minor Use Permit Required; "C" Conditional Use Permit Required; "-" Use Not Allowed

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018; Ord. No. 516, § 4(Exh. A), 9-26-2019)

Table 17.07.030, Development Standards-Residential Districts, prescribes the development standards for residential districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this title.

TABLE 17.07.030: DEVELOPMENT STANDARDS-RESIDENTIAL DISTRICTS

A. Additional Density, RL and RM Districts. Up to fifteen units/net acre in the RL district and up to thirty units/net acre in the RM district are allowed on properties which have their primary access on an arterial or collector street and which are found to be compatible with the character and intensity of residential development in the immediate area subject to conditional use permit approval.

B. Attached Single-Unit Dwellings. Required setbacks apply to the ends of rows of attached single-unit dwellings.

C. Heights over thirty-five feet in the RM and RH Districts shall require a minor use permit, except within the Old Town Specific Plan area where building height up to the limit stated in Table 17.07.030 is permitted by right.

D. Minimum density of twenty du/ac in the Old Town Specific Plan area applies to lot sizes at or greater than seven thousand five hundred square feet. Properties within this district and specific plan area are not considered nonconforming based on existing residential density that is less than the base density.

[Figure: FIGURE 17.07.030.B: ATTACHED SINGLE-UNIT DWELLINGS]

FIGURE 17.07.030.B: ATTACHED SINGLE-UNIT DWELLINGS

D. Open Space. Open space, unoccupied by main or accessory structures and open and unobstructed to the sky, shall be provided in accordance with the following standards:

1. Single-Unit and Two-Unit Development. Required usable open space may consist of a single area or several adjacent or separate areas.

a. Minimum Dimensions. Minimum dimension of fifteen feet.

b. Location.

i. Must be provided on the site at ground level.

ii. Required open space shall not be located in a required front or street side setback.

iii. No portion of required open space shall be used for driveways of off-street parking facilities.

2. Multi-Unit Development. Required usable open space may consist of a single area or several adjacent or separate areas. All occupants shall have access to and use of one or more of such areas.

a. Type of Open Space. A minimum fifty percent of the required open space shall be provided as common open space. The rest of the required open space shall be provided as private open space.

i. Private areas typically consist of balconies, decks, patios, fenced yards, and other similar areas outside the residence.

ii. Common areas typically consist of landscaped areas, patios, swimming pools, barbeque areas, tennis courts, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development.

b. Minimum Dimensions.

i. Private Open Space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than ten feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than six feet.

ii. Common Open Space. Minimum dimension of twenty feet.

c. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, decking, or other serviceable, dust-free surfacing. Slope shall not exceed ten percent.

d. Location.

i. Required open space shall not be located in a required front or street side setback.

ii. No portion of required open space shall be used for driveways of off-street parking and loading facilities or as access to more than one dwelling unit.

iii. Open space may be located on the roof of buildings or required off-street parking facilities.

e. Accessibility.

i. Private Open Space. The space shall be accessible to only one living unit by a doorway to a habitable room or hallway.

ii. Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other access way qualifying as an egress facility from a habitable room.

f. Screening. Required private open space shall be screened by a solid fence or visually solid fence not less than six feet in height when located at ground level and by a solid railing or visually solid railing not less than forty-two inches in height when located on a balcony or balconies.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018; Ord. No. 516, § 4(Exh. A), 9-26-2019; Ord. No. 532, § 4(Exh. B), 10-14-2021)

A. Paving. The maximum amount of paving in street-facing yards is fifty percent of the required yard.

B. Parking of Commercial Vehicles Prohibited. No commercial vehicle in excess of ten thousand pounds manufacturer's gross vehicle weight rating shall be parked or stored on any lot in a residential district. This section shall not prohibit temporary parking of any such vehicle while making pickups or deliveries or providing services for the residents of the lot on which the vehicle is parked.

C. Vehicle and Equipment Repairs or Fabrication. Repair, fabrication or other work on automobile or vehicle or equipment on residential premises shall be subject to the following conditions and restrictions:

1. Such work shall be limited to those vehicles or equipment which may be stored within a private garage upon residential premises.

2. Such work shall be done only upon such vehicles or equipment which are owned by an occupant of the residential premises.

3. Such work shall be done only between the hours of 8:00 a.m. and 8:00 p.m.

4. Such work shall not be done in a public right-of-way.

5. Storage of parts for such vehicles or equipment on the premises shall be limited to those parts reasonably necessary for the repair of the occupant's vehicle or equipment.

6. Such work shall be limited to minor repair and service on noncommercial vehicles to include such things as battery replacement, tire repair, brake servicing, changing of small parts, oil changes and lubrication, engine tune-up and similar routine maintenance and preventative maintenance work.

D. Single Unit Attached and Multi-Unit Development. All attached single unit and multi-unit development shall meet the following development standards. Exceptions may be granted through design review to accommodate alternative design solutions.

1. Building Entrances.

a. Orientation. All units located along public rights-of-way must have the primary entrance facing this right-of-way. Exceptions to this requirement may be approved for projects where multi-unit housing is located on four-lane streets carrying high traffic volumes and/or streets that do not allow on-street parking. In such cases, the project may be oriented around courtyards.

b. Projection or Recess. Building entrances must have a roofed projection (such as a porch) or recess with a minimum depth of at least five feet and a minimum horizontal area of thirty square feet. Exceptions to this requirement may be approved for alternative designs that create a welcoming entry feature facing the street, such as trellis or landscaped courtyard entry.

[Figure: FIGURE 17.07.040.D.1.B: PROJECTION OR RECESS]

FIGURE 17.07.040.D.1.B: PROJECTION OR RECESS

c. Dwelling Unit Access. Exterior entrances to units shall be in a form of individual or shared entrances at the ground floor of the building. Unit entrances above the ground floor are also permitted; however, no exterior access corridor located above the ground floor may provide access to five or more units.

2. Building Design. Buildings shall include adequate design features to create visual variety and avoid a large-scale and bulky appearance.

a. Roof Line. The roof line at each elevation shall demonstrate an offset of at least eighteen inches for each one to three units exposed on that elevation. Large, continuous roof planes are prohibited.

[Figure: FIGURE 17.04.040.D.2.A: ROOF LINE]

FIGURE 17.04.040.D.2.A: ROOF LINE

b. Window Trim or Recess. Trim at least one-half inch in depth shall be provided around all windows, or window must be recessed at least two inches from the plane of the surrounding exterior wall.

[Figure: FIGURE 17.07.040.D.2.B: WINDOW TRIM OR RECESS]

FIGURE 17.07.040.D.2.B: WINDOW TRIM OR RECESS

c. Façade Articulation. All street-facing façades shall have at least one horizontal or vertical projection or recess at least two feet in depth, or two projections or recesses at least two and one-half feet in depth, for every twenty-five horizontal feet of wall. If located on a building with two or more stories, the articulated elements must be greater than one story in height, and may be grouped rather than evenly spaced in twenty-five-foot modules. Building entrances and front porches and projections into required yards such as stoops, bays, overhangs, fireplaces, and trellises may count towards meeting this requirement.

[Figure: FIGURE 17.07.040.D.2.C: FACADE ARTICULATION]

FIGURE 17.07.040.D.2.C: FACADE ARTICULATION

d. Façade Detailing and Materials. All visible building facades shall incorporate details, such as window and door trim, window recesses, cornices, changes in materials or other design elements, in an integrated composition. Each side of a building that is visible from a public right-of-way shall be designed with a complementary level of detailing and quality of materials.

e. Building Colors. Every building shall have at least two complementary colors.

f. Building Materials. All materials shall be high quality to allow for long-term durability and appearance.

g. Transition Areas. Where new multi-unit development is built adjacent to existing lower-scaled residential development, the facade facing the existing lower-scaled residential development shall be designed to provide architectural relief and interest, while also respecting the scale of adjacent neighbors.

i. Full-Height Recesses. Full-height recesses, a minimum of five feet deep, shall be provided along the facade to break the building into smaller discrete masses.

[Figure: FIGURE 17.07.040.D.2.G.I: FULL-HEIGHT RECESSES]

FIGURE 17.07.040.D.2.G.I: FULL-HEIGHT RECESSES

ii. Window and Balcony Placement. Offset windows to avoid direct sight lines into and from neighboring properties. Position balconies and other private open space so they minimize views into neighboring properties.

[Figure: FIGURE 17.07.040.D.2.G.II: WINDOW AND BALCONY PLACEMENT]

FIGURE 17.07.040.D.2.G.II: WINDOW AND BALCONY PLACEMENT

3. Garage Frontage. Limit the appearance of attached garages. Garage width shall not exceed fifty percent of the linear street-facing elevation of any multi-unit development.

[Figure: FIGURE 17.07.040.D.3: GARAGE FRONTAGE]

FIGURE 17.07.040.D.3: GARAGE FRONTAGE

a. Attached garages located on the unit frontage should be recessed behind the front elevation wall plane.

[Figure: FIGURE 17.07.040.3.A: ATTACHED GARAGES]

FIGURE 17.07.040.3.A: ATTACHED GARAGES

b. Garage placement should minimize paved area and maximize usable open space areas on the site.

4. Parking Area Limitation. Uncovered parking areas shall not exceed twenty percent of the total site area unless a greater area is approved through design review.

5. Pedestrian Access. On-site pedestrian circulation and access shall be provided according to the following standards.

a. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

b. To Circulation Network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

c. To Neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

d. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.

e. Pedestrian Walkway Design.

i. Walkways shall be a minimum of four feet wide, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.

ii. Where a required walkway crosses parking areas or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.

iii. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

E. Single Family Residential Design Review Guidelines. The following projects are subject to single family residential design review process as adopted by the Planning Commission on April 24, 2007, or as amended:

1. New single family residences.

2. Second-story additions and exterior modifications to existing single-family residences.

3. Additions and exterior modifications at the front (including street side yards for corner lots) of existing single-family residences.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 516, § 4(Exh. A), 9-26-2019)