§ 19.219

The Residential Protection Overlay Zone (RP) is established to preserve the character of single-family residential neighborhoods where the physical conversion of single-family dwellings to higher occupancy rental housing units has the potential to increase densities beyond those intended for single-family zoned neighborhoods. Modifications that essentially transform single-family dwellings into multiple-family dwellings or boardinghouses, both of which are prohibited within single-family zones, has a negative cumulative effect on the public's health, safety and welfare. These conversions can lead to overcrowding, excessive onstreet parking, neighborhood disturbances, and other undesirable impacts.

The specific purpose of the Residential Protection Overlay Zone is to:

A.

Establish development standards for affected properties to ensure the development review process provides for consideration of the impacts of new construction, alterations, and changes in use that have the potential to increase the intensity of single-family properties beyond that anticipated by the established zoning or the City's General Plan.

B.

Ensure the design of dwellings and on-site parking is appropriate for the area's character, and is appropriate for the area's capacity to accommodate increases in densities, which may be limited due to infrastructure, such as sewer, traffic control, on- and off-street parking, safety services, parkland, etc.

(Ord. 7592 § 4(Exh. E), 2022; Ord. 7331 § 22, 2016; Ord. 7302 § 2, 2015)

A.

The Residential Protection Overlay Zone shall require the provisions of this chapter to apply to any construction that results in a new habitable structure, the addition to an existing habitable structure, or modifications to the configuration (i.e., floor plan, layout, etc.) of an existing habitable structure.

B.

The provisions of this chapter shall not apply to any new construction, additions or modifications that result in 1,000 square feet or less of total dwelling area on a lot.

C.

For any lot developed with more than one dwelling unit, including Accessory and Junior Accessory Dwelling Units pursuant to Chapter 19.442 and Two-Unit Developments pursuant to 19.443, the provisions of this Chapter shall apply individually to each dwelling unit on the lot.

(Ord. 7592 § 4(Exh. E), 2022; Ord. 7331 § 22, 2016; Ord. 7302 § 2, 2015)

The following development standards shall apply to the dwelling area of single-family residential structures (exclusive of garages, unconditioned patios, porches, and other such accessory structures).

A.

Bedrooms. The total area of all bedrooms shall not exceed 50 percent of the total dwelling area of the structure, as defined by Article X of the Zoning Code. The calculation of bedroom area shall not include closets or bathrooms, and measurements shall be from the centerline of interior walls, and the exterior of exterior walls.

==> picture [185 x 173] intentionally omitted <==

B.

Common living area. The total combined common living area as defined by Article X of the Zoning Code shall be equal to or greater than the total combined area of all bedrooms. The calculation of common living area and bedroom area shall not include closets, bathrooms or hallways, and shall be measured from the centerline of interior walls, and the exterior of exterior walls.

==> picture [177 x 165] intentionally omitted <==

C.

Parking. In addition to the minimum parking requirements of Chapter 19.580 - Parking and Loading, any new construction, or modification to an existing dwelling, which results in a dwelling with five or more bedrooms, shall comply with the following:

1.

When the number of bedrooms in a dwelling equals or exceeds five, an additional open parking space shall be provided in a location that does not block access to other required parking spaces. The additional open parking space shall be in a location that complies with 19.580.070.A.2, except an existing driveway in front of a garage converted to a habitable space may remain and be counted toward the additional required open space, provided the driveway space meets the minimum parking space dimensions specified in this chapter.

2.

This provision shall not apply to units developed pursuant to Chapter 19.443 (Two-Unit Developments).

(Ord. 7592 § 4(Exh. E), 2022; Ord. 7331 § 22, 2016; Ord. 7302 § 2, 2015)

Notwithstanding other provisions of the Zoning Code to the contrary, a nonconforming structure shall not be expanded or modified, unless such modifications bring the structure into compliance with the requirements of the Residential Protection Overlay Zone, or return the structure to the original single-family residential floor plan, subject to granting of the necessary building permits and other applicable permits.

(Ord. 7592 § 4(Exh. E), 2022; Ord. 7331 § 22, 2016; Ord. 7302 § 2, 2015)

Chapter 19.220 - SPECIFIC PLAN OVERLAY ZONE (SP)