§ 36-9. "R-3" Multiple Family Residential District.

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

The regulations set out in this section shall apply to all R-3 Districts and shall be subject to the provisions of § 36-18 .

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

To provide living areas where a compatible mixture of intensive residential uses may co-exist in a suitable environment for family living; to ensure adequate light, air, privacy, and open space for each dwelling; and 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. 1230-2015 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-3 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 § 36-9.6 .

• 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. Two (2) single-family dwellings or a duplex on a single lot.

• D. Multiple-family dwelling units up to, but not exceeding § 36-9.6 I, Unit Density.

• E. Second residential unit built in conjunction with a single-family dwelling and subject to the provisions of § 36-18.22 , and Site Plan Review, § 36-19 .

• F. 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 a 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.

• G. Storm drainage basins serving residential areas.

• H. 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 § 36-9.5

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

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

• K. Home occupations as defined in § 36-2.2 (67) with one sign of not over 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 .

• L. (Reserved)

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

• N. 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. D, 1992; Ord. No. 1143, Exh. A.]

The following uses may be conditionally permitted in the R-3 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 fourteen (14) units.

  6. Professional offices.

• 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. Social halls, lodges, and club houses.

  6. Mobile home park exceeding fourteen (14) units.

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

(Ord. No. 911, §§ 3 (part), 5 (part), 1987; Ord. No. 954, § 4; Ord. No. 960, § 4; Ord. No. 976, § 3; Ord. No. 1035, § 2, 1996; Ord. No. 1066; Ord. No. 1143, Exh. B.)

The following property development standards shall apply to all land and buildings in the R-3 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 § 36-9.6 , with respect to the division of land into parcels as small as five thousand (5,000) square foot area shall only apply to the City blocks as per the 1913 boundary of the City as described in § 36-7.6 , A-4.

• 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 the site plan review in § 3619 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 five (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 ten (10) ft. or fifteen (15%) percent of the depth of the lot, whichever is greater. For duplexes and multifamily units the depth of the rear yard of any lot shall be a minimum of five (5) feet.

• C. Lot Coverage. Sixty (60%) percent covered area defined as all roofed area 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 setback line shall be fifty-five (55) feet, and forty-five (45) feet at the front property line.

  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.

  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 the 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- 3 District:

  1. Front Yard: Twenty (20) feet.

  2. Side Yards:

     • a. Interior side: Five (5) feet.

• 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 exceptions to Subsection E, Setback Requirements, shall be permitted in the R-3 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 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.

• G. (Reserved)

• H. Building Height. No building erected shall have a height greater than fifty (50) feet, and twentyfive (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 approved under Site Plan Review, § 36-19 .

• I. Unit Density. For all residential uses, twenty-eight (28) 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 single family dwellings, prior to the issuance of any Building Permit for the erection of any structure on any lot, a Site Plan shall be submitted and considered pursuant to Site Plan Review requirements of § 36-19 .

• K. Landscaping and Open Space. For duplexes, multiple family dwellings and 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. Two (2) spaces per unit for the first three (3) units. For each unit above three (3), one and one-half (1.5) spaces are required. The number of covered spaces must equal the number of units, and all units must be paved. Seventy (70%) percent of all spaces must be full size, and thirty (30%) percent may be for compact cars.

  2. For existing substandard lots (legal nonconforming) of four thousand (4,000) square feet or less, off street parking requirements shall be two (2) paved spaces, one of which must be covered.

  3. 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.

  1. A common trash enclosure will be required for five (5) or more dwelling units. Trash enclosures subject to public views will be constructed of split face masonry with solid metal doors, or enclosed with nonextruded six (6) inch high cement curbing, and a six (6) foot high solid fence utilizing metal posts, and an exterior treatment that is durable and visually consistent with project architecture.

  2. A minimum two (2) foot irrigated and landscaped perimeter shall be provided around the enclosure (excepting door entries).

• S. Street Address. The numerals used for the street address shall be self-illuminated and clearly visible from the street. In multiple family developments and mobile home parks containing four (4) or more units, there shall be an internally lit sign at each entrance not to exceed fifteen (15) square feet in area containing a map showing the location of individual sites or units. In addition, each site or unit shall be identified with self-illuminated and clearly visible numerals.

• 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.

• U. On-Site Storage Facilities.

  1. For all multiple family dwelling units, there shall be not less than two hundred (200) cubic feet of designated storage area per dwelling unit subject to the following:

     • a. The storage areas shall be in a permanent enclosed structure dedicated for use only by the dwelling units within the complex.

     • b. A separate exterior access shall be provided for each storage area per dwelling unit.

     • c. There shall not be an interior access from any living area to a designated storage area.

  2. For all uses requiring a Use Permit, as specified by the Planning Commission.