§ 36-7. "R-1" Single Family Residential Zone.

[Ord. No. 1230-15 Exh. A.]

The regulations set out in this section shall apply in all R-1 District and shall be subject to the provisions of § 36-18 .

[Ord. No. 1230-15 Exh. A.]

To provide living areas where development is limited to low density housing; to ensure adequate light, air, privacy, and open space for each dwelling; to provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment.

[Ord. No. 1143, Exh. A.; Ord. No. 1230-15 Exh. A.; Ord. No. 1256-18.]

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the R-1 Districts, only for the following uses, plus such other uses as the Planning Commission may deem to be similar and not detrimental to the public health, safety, and welfare. All uses shall be subject to the property development standards in § 36-7.6 .

• A. One (1) single-family dwelling of not less than 900 square feet.

• B. Mobile homes, certified under the National Construction and Safety Standards Act of 1974, placed on permanent foundation and subject to the provisions of § 36-18.24 .

• C. Storm drainage basins serving residentially zoned property.

• D. Second residential unit subject to the provisions of § 36-18.22 , and Site Plan Review, § 36-19 .

• E. Zero lot line construction for residential construction: Dwellings are permitted subject to Site Plan Review in § 36-19 based on the following conditions:

  1. That the dwellings constructed on the zero-lot line shall be on adjacent lots and be of common wall type construction, or on a single lot provided that a maintenance easement has been secured from the property owner adjacent to the "zero lot line."

  2. The parcel size upon which the common wall and single dwellings are constructed shall each be at least 2,500 square feet in area.

  3. The dwelling unit(s) on each lot, including required covered parking, shall not exceed fifty (50%) percent at ground floor level of total area of each lot.

  4. One of the required parking spaces for each dwelling unit on each lot shall be covered.

  5. The minimum side yard requirements shall be five (5) feet or twenty (20%) percent of the lot frontage, whichever is greater.

  6. Except as provided by this section, all other requirements of the Code of the City of Oakdale shall apply to zero lot line common wall construction, and single lot with a maintenance easement.

• F. State licensed Small-Family Day-Care Homes, as defined by the California State Health and Safety Code are allowed outright. State licensed Large-Family Day-Care Homes, as defined by the California State Health and Safety Code are allowed subject to the provisions of § 36-7.5 .

• G. Parks owned and operated by a governmental agency.

• H. The growing of fruit and nut trees, vine crops, and horticulture stock for personal use.

• I. Signs subject to the provisions of § 36-26 .

• J. Home occupations as defined in § 36-2.2 (67) with one sign of not over two (2) square feet, indicating the name of the occupant and the home occupation, and affixed flat on the front of the residence, and subject to the conditions in § 36-18.21 .

• K. Transitional and Supportive Housing as defined in § 36-2.2 (117(a) and 116.1, respectfully).

• L. Employee Housing for six (6) or fewer workers as defined in § 36-2.2 (50(b)).

• M. Cultivation of cannabis for personal use as defined and regulated by Chapter 37 .

Only those accessory uses and accessory buildings customarily appurtenant to a principal use.

[Ord. No. 992, Exh. B, 1992; Ord. No. 1134, Exh. A; Ord. No. 1143, Exh. A.]

The following uses may be conditionally permitted in the R-1 District subject to the provisions of Sections 36-20.2 through 36-20.5 .

• A. Minor Use Permits.

  1. State licensed large-family day-care homes (as defined by the California State Health and Safety Code ).

  2. Temporary subdivision sales office.

  3. Guest house or servants quarters.

  4. Provision of lodging and/or boarding for more than three (3) persons by an owner who lives on the premises.

  5. Mobile home park not to exceed five (5) units.

  6. Provisions for a corner lot duplex with a minimum square foot lot area of eight thousand eight hundred (8,800) square feet with separate access provided.

  7. Provisions for an interior lot duplex with a minimum square foot lot area of eight thousand eight hundred (8,800) square feet.

• B. Major Use Permits.

  1. Public buildings, except for storage or repair yards.

  2. Public utility substations.

  3. Schools, churches and religious institutions.

  4. State licensed foster homes, residential care homes, and day-care centers other than largefamily day-care homes (as defined by the California State Health and Safety Code ).

  5. Mobile home parks with six (6) or more units.

• C. Expansions and Permit Extensions. Except as stated in the individual Major or Minor Use Permit Projects Approval Resolution, Expansion and Permit Extensions are permitted per § 36-20.5 .

(Ord. No. 911, §§ 2, 3 (part), 4 (part), 5 (part), 1987; Ord. No. 954, § 2; Ord. No. 960, § 2; Ord. No. 976, § 3; Ord. No. 1026, § 1, 1995; Ord. No. 1035, § 2, 1996; Ord. No. 1081, § 1, 2001; Ord. No. 1118, § 2; Ord. No. 1135, Exh. A; Ord. No. 1143, Exh. B, C.)

The following property development standards shall apply to all land and buildings in the R-1 Districts:

• A. Lot Area. The minimum lot area for all permitted uses outside of the boundaries of the City of Oakdale as it existed in 1913, shall be:

  1. Interior Lots, the minimum lot area shall be six thousand (6,000) square feet.

  2. Corner Lots, the minimum lot area shall be six thousand five hundred (6,500) square feet for corner lots.

  3. Within the boundaries of the City of Oakdale as it existed in 1913, the minimum lot area for all permitted uses on both interior and corner lots shall be five thousand (5,000) square feet.

  4. The provisions of § 36-7.6 , with respect to the division of land into parcels as small as five thousand (5,000) square foot area shall only apply to the following City blocks as per the 1913 boundary of the City: 01, 02, 03, 05 through 24, and 26 through 54, 59, 60, 63, 64, 68, 69, 70, 76, 77, 78, 86, 87, 88, 90, 91, 92, 97, and 100 through 105, 108, 109, 111, 112, 114, 115, 129, 130, 131, and 133 through 137, 140, 141, and 144 through 148, 150, 151, 152, and 163 through 166, 169, 190, 191 and 215 through 219, 223, 224, 228, and 229.

• B. In any district where a minimum lot area is established, a lot of record having less than the required area and/or width may be used subject to the provisions of site plan review in § 36-19 and subject to the following requirements:

  1. If a lot is narrower than the width specified for the district in which it is situated, no side yard may be less than 5 ft. in width unless the lot is developed as zero lot line construction.

  2. For single family dwelling units, the depth of the rear yard of any lot shall be 10 ft. or 15% of the depth of the lot, whichever is greater. For duplexes and multi-family units the depth of the rear yard of any lot shall be a minimum of five (5) feet.

• C. Lot Coverage. Fifty (50%) percent covered area defined as all roofed areas including porches, garages, carports, and storage and accessory buildings.

• D. Lot Dimensions. For all new lots and proposed rezoning, the following provisions shall apply:

  1. Interior Lots, the minimum width at the building set-back line shall be fifty-five (55) feet, and forty-five (45) feet at the front property line, except as provided in 36-7.6 A.3.

  2. Corner Lots, the minimum width at the building setback line shall be sixty-five (65) feet, and fifty (50) feet at the front property line, except as provided in 36-7.6 A.3.

  3. Within the boundaries of the City of Oakdale as it existed in 1913, the minimum lot width for both interior and corner lots shall be fifty (50) feet at the building setback line, and forty-five (45) feet at front property line.

  4. The lot depth in all areas shall not be more than three times the width.

• E. Setback Requirements. The following setback/yard requirements shall apply to all uses in the R- 1 District and as may be required by a Specific Plan:

  1. Front Yard: Twenty (20) feet.

  2. Side Yards:

     • a. Interior side: Seven and one-half (7.5) feet no architectural encroachments permitted within required side yards. New residential developments with pre-plotting of homes may utilize a combination of five (5) and ten (10) foot setbacks for two-story homes constructed on adjoining lots where a minimum of fifteen (15) feet of separation between adjoining structures is still achieved. Within the boundaries of the City of Oakdale as it existed in 1913, or for residential structures existing on the effective date of this ordinance, the minimum side yard setback shall be five (5) feet with no architectural encroachments permitted.

     • b. Exterior side of corner lot: Ten (10) feet, except that required parking spaces and/or required parking structures shall have a minimum setback of twenty (20) feet to the garage door whenever primary vehicular access is provided from a dedicated street.

  3. Rear yard: Ten (10) feet, except that a corner lot is allowed a rear yard of five (5) feet. However, any structure that provides covered or enclosed space for required off-street parking spaces, and is placed in the rear half of the lot, shall be situated to provide a minimum open driveway length of twenty (20) feet from any street or alley providing vehicle access to that structure unless an alternative arrangement is approved by the Site Plan Review Committee pursuant to § 36-19.7 .

• F. The following are exceptions to E. Setback/Yard Requirements shall be permitted in the R-1 District:

  1. Whenever an official plan line has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this chapter be construed as permitting an encroachment upon any official plan line.

  2. Where four (4) or more lots in a block have been improved with buildings at the time of the effective date hereof (not including accessory buildings and a minimum of a twenty (20) foot setback for required parking spaces and/or parking structures), the minimum required front setback shall be the average of the improved lots, if said setback is less than the stated requirements of the District.

  3. The following regulations shall apply to all portable carports:

     • a. A building permit shall be required prior to the installation of any portable carport to be consistent with Fire and Uniform Building Codes, including proper placement and anchoring.

     • b. Portable carports shall not be located within twenty (20) feet of the front property line in R-1 (Single Family Residential) Districts, and in no case shall these carports be permitted to encroach beyond the front elevation of the residence.

     • c. Portable carports shall not be located closer than three (3) feet to side and rear yard property lines.

• G. Maximum Floor Area Ratio.

1. In Single Family Residential zone districts (including similar districts within adopted specific plans), the floor area ratio (FAR) for single family residential structures shall not exceed thirty-five (35%) percent. This FAR standard does not apply to any single family residential structure existing on the effective date of this ordinance amendment and to property within the City of Oakdale as it existed in 1913, nor parcels under two (2.0) acres in size. [1] Editor's Note: Ordinance No. 1118, Exhibit B of which is codified herein as Subsection G. was adopted September 7, 2004 and amended by Ordinance No. 1135, adopted March 6, 2006.

   2. Definitions.

FLOOR AREA RATIO

The gross floor area of a residential building on a lot divided by the lot area (in square footage).

GROSS FLOOR AREA

The sum of the gross horizontal areas of one (1) or more floors of a residential structure used as enclosed space, measured from the face of interior walls and ceilings, found by multiplying the width and length of any such enclosed space. Gross floor area will not include covered space designed solely for the parking of motor vehicles (garages).

• H. Building Height. No building erected shall have a height greater than two (2) stories and not to exceed thirty-five (35) feet, and twenty-five (25) feet for accessory buildings. Permitted projections above these heights include: ventilating fans or similar equipment required to operate and maintain the building, flag poles, chimneys, or similar structures.

• I. Unit Density. For all residential uses, ten (10) dwelling units shall be the maximum allowed per net subdivision acre, unless a density bonus is allowed for low or moderate income housing and/or senior citizen housing. In granting any density bonus, adequate assurance, including but not limited to deed restrictions and/or development agreements with yearly reporting requirements to the Community Development must be provided that said housing units will remain available to low and moderate income housing, and/or senior citizens.

• J. Site Plan Review. With the exception of a single-family structure on any lot, a site plan shall be submitted and considered pursuant to the site plan review requirements of § 36-19 .

• K. Landscaping and Open Space. For mobile home parks a minimum of twenty-five (25%) percent of the lot area shall be landscaped or a bond posted to ensure satisfactory completion of said landscaping prior to issuance of an occupancy permit. Landscaping shall be installed as specified in § 36-24 .

• L. Fences, Hedges, Walls, and Screen Plantings. Fences, hedges, walls, and screen plantings shall be erected subject to the provisions of § 36-18.28 . In general, no fence, shrubbery, or architectural feature of the main or accessory building shall block the view of the driver of any vehicle in the driveway or any vehicle or pedestrian on the public street or sidewalk as outlined in 36-18.23 - Vision Obstructions.

• M. Off-Street Parking Requirements.

1. For all residential uses, there shall be two (2) paved spaces, one of which must be covered. If there is a second unit on the property, one additional paved space.

   2. For all other than residential Principal Uses, as specified in § 36-25 .

• N. Off-Street Loading. For all uses, as specified in § 36-25 .

• O. Vehicular Access. For all uses, there shall be primary vehicular access to the off-street parking and loading facilities from a dedicated public street. Secondary vehicular access from alleys is permitted, but primary vehicular access from alleys shall be permitted only when the following conditions exist:

  1. The alley has been determined to be the only feasible means of vehicular access to the lot.

  2. The alley has a minimum width of twenty (20) feet.

  3. The alley has been determined to be structurally sound in the opinion of the Director, or, if not structurally sound, will be improved by the Developer from the farthest property line to the nearest access point from a dedicated street.

• P. Signs. For all uses, as specified in § 36-26 .

• Q. Laundry, Clothes Drying Areas, and Facilities. For all uses, none allowed in front and exterior side yards.

• R. All refuse, garbage and trash bins one-half (1/2) yard or larger shall be screened from public view.

• S. Street Address. The numerals used for the street address shall be self-illuminated and clearly visible from the street.

• T. Recreational Facilities.

  1. Swimming Pools. Swimming pools in all Residential Districts shall not be located closer than five (5) feet to any rear lot line or side lot line. On the street side of any corner lot, no pool shall be located closer than fifteen (15) feet to such exterior side lot line. All measurements shall be from the water line of the pool tank perimeter.

     • Coverage by a swimming pool shall not be considered in measuring maximum lot coverage.