§ 9-200

The purpose of this Chapter is to prescribe use, lot, and structure regulations and development standards for Residential Zones, consistent with the General Plan. The specific purposes of the Residential Zones are to:

(a)

Designate adequate land, consistent with the General Plan, for residential uses;

(b)

Preserve, protect, and enhance the character of the County's residential neighborhoods and its urban and rural communities;

(c)

Ensure adequate light, air, 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 other residential uses and appropriate to the physical characteristics of the site and the area where the project is proposed;

(e)

Promote opportunities for a variety of housing for all income groups and for those with special housing needs; and

(f)

Provide sites for public and semi-public land uses, such as day care centers, parks, community facilities, religious assemblies, schools, and public safety facilities that will serve County residents.

The following zones implement the General Plan residential land use designations.

R-R Zone. The Rural Residential (R-R) Zone provides for large-lot rural homesites within existing rural communities where full urban services are not available or expected and in urban communities where rural residential densities already exist. Lots will generally have sufficient area to allow for individual water supply, sewage disposal, and storm water drainage. Typically, areas in this zone will contain parcels too small to support significant commercial agriculture, yet are suitable for residential use without undue detriment to the agricultural productivity of San Joaquin County. This zone implements the Rural Residential land use designation of the General Plan.

R-VL Zone. The Very Low Density Residential (R-VL) Zone provides a transition from agricultural and rural to urban areas by allowing for detached, single-unit dwellings and bungalow courts on large lots located in areas with existing large-lot development, within communities around sensitive natural resources, or on the urban fringes around cities. This zone implements the Very Low Density Residential land use designation of the General Plan.

R-L Zone. The Low Density Residential (R-L) Zone provides for neighborhoods consisting of detached single-unit dwellings and bungalow courts, generally located within urban communities and city fringe areas that are served by a public water supply, sanitary sewer system, and similar facilities and services. Limited neighborhood-serving commercial uses and compatible public and quasi-public uses, including parks and schools, are permitted, subject to standards to ensure land use compatibility. This zone implements the Low Density Residential land use designation of the General Plan.

city fringe areas that are served by a public water supply, sanitary sewer system, and similar facilities and services. Limited neighborhood-serving commercial uses and compatible public and quasi-public uses, including parks and schools, are permitted, subject to standards to ensure land use compatibility. This zone implements the Low Density Residential land use designation of the General Plan.

R-M Zone. The Medium Density Residential (R-M) Zone accommodates attached and detached single- unit dwellings, including duplexes, bungalow courts, and multi-unit residential development in neighborhoods most appropriately situated as buffers between less and more intensively developed residential areas or as transitions from residential to commercial areas. In addition to residential uses, this zone allows for smallscale neighborhood commercial and office uses at appropriate locations and a limited number of public and quasi-public uses, such as day care centers, parks, schools, public safety facilities, and residential care facilities, all of which are appropriate in a medium density residential environment. The zone implements the Medium Density Residential land use designation of the General Plan.

R-MH Zone. The Medium-High Density Residential (R-MH) Zone allows for detached and attached singleunit dwellings, bungalow courts, and multi-unit residential development in central portions of urban communities, along major transportation routes, and around major commercial areas. In addition to residential uses, this zone allows for limited neighborhood-serving commercial and office uses, compatible public and semi-public uses including day care centers, public safety facilities, community assembly, parks, schools, and residential care facilities and transitional and supportive housing, all of which are appropriate in a medium-high density residential environment. This zone implements the Medium-High Density Residential land use designation of the General Plan.

R-H Zone. The High Density Residential (R-H) Zone provides for a broad variety of housing, including single-unit dwellings, duplexes, bungalow courts and multi-unit residential development, located near central business districts, major commercial areas, and major transportation routes. It also accommodates hotels and motels, neighborhood-scale commercial and mixed use development, offices, and compatible public and quasi-public uses, including day care centers, public safety facilities, community assembly, parks, schools, and residential care facilities and transitional and supportive housing. This zone is intended to implement the High Density Residential land use designation of the General Plan.

Table 9-200.020-1 prescribes the land use regulations for the Residential zones. Use types are defined in Chapter 9-901, Updated Use Type Classifications; key terms used in the classifications are defined in Chapter 9-900, Terms and Definitions. In cases where a specific land use is not defined, the Zoning Administrator shall assign the land use a classification that is substantially similar in character. Use classifications and sub classifications not listed in the table or not found to be substantially similar to the uses listed in the table are prohibited. Numbered limitations for a specific use in an individual zone ("L1, L2, etc.") refer to limitations listed at the end of the table. The right-hand column in the table includes specific section references for other regulations in this Title, in Chapter 9-409, Standards for Specific Uses and Activities, and in other chapters. Zoning Compliance Review and permitting procedures are in the 800 Series.

TABLE 9-200.020-1: USES IN RESIDENTIAL ZONES

Notes:

L1 Allowed on the ground floor of a residential building with an Administrative Use Permit. L2 An Administrative Use Permit is required if more than 2,500 square feet.

(a)

Expansion of Uses and Structures. Uses or structures that require discretionary review may be expanded with a Zoning Compliance Review, provided the following conditions are met:

(1)

The proposed expansion or construction of a structure involves less than a 25 percent increase in the approved floor area as shown on the most recent land use permit or Zoning Compliance Review on file, but no more than 10,000 square feet;

(2)

The proposed expansion involves less than a 25 percent increase in the developed area of the site; and

(3)

The proposed expansion will not have a substantial, adverse effect on adjacent property and on the trafficcarrying capacity of local streets.

(4)

The expansion complies with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency.

Where conditions in Subsections (1) through (4) of this Section are not met, the level of review for the expansion shall be the same as the level of review required in Table 9-202.020-1 for a new use.

(b)

Change in Use. Any change in an existing use to a new use that requires a land use permit shall be permitted without a land use permit, provided the Zoning Administrator finds that the proposed use:

(1)

will have no greater impact than the existing use; and

(2)

occupies the same floor area as the existing use.

The Zoning Administrator reserves the right to require a Zoning Compliance Review in lieu of the land use permit or to allow a minor expansion, as needed.

(c)

Accessory Uses and Structures. Accessory uses and structures permitted, not permitted, and conditionally permitted are set forth in Table 9-200.020-2. Accessory uses and structures not specifically listed in Table 9-200.020-2 are allowed with a Zoning Compliance Review if the primary use is permitted; they require an Administrative Use Permit if the primary use requires either an Administrative Use Permit or a Conditional Use Permit. All accessory uses are subject to the requirements of Section 9-409.040, Accessory Uses.

TABLE 9-200.020-2: ACCESSORY USES AND STRUCTURES IN RESIDENTIAL ZONES

(d)

Temporary Uses and Structures. Permitted, not permitted, and conditionally permitted temporary uses and structures are set forth in Table 9-200.020-3 and Section 9-409.450, Temporary Uses. Temporary uses or structures not specifically listed in Table 9-200.020-3 may be allowed, subject to approval of a Temporary Use Permit pursuant to Section 9-804.080, Temporary Use Permits.

TABLE 9-200.020-3: TEMPORARY USES & STRUCTURES IN RESIDENTIAL ZONES

(e)

Additional Use Regulations. The following additional regulations shall apply to those uses or use types specified below:

(1)

Development in General Plan-Designated Open Space/Conservation Areas. See Section 9-706.050, Open Space/Resource Conservation Areas.

(2)

Protection of the Delta Primary Zone. See Section 9-706.060. Protection of the Delta Primary Zone.

(3)

Trucks in Residential Zones. No semi-trucks, truck tractors, or semi-trailers shall be parked or stored on private property in any area zoned for residential use. Non-passenger trucks or vans that do not exceed the gross vehicle weight rating for vehicles parked in residential zones may be permitted as accessory to properties containing a primary dwelling unit.

(Ord. No. 4623, §§ 1—3, 5-23-2023; Ord. No. 4632, §§ 2, 3, 9-26-2023; Ord. No. 4671, §§ 1—3, 5-13-2025)

Table 9-200.030-1 prescribes the development standards for the Residential zones. The numbers in the illustration refer to corresponding regulations in the "#" column.

TABLE 9-200.030-1: DEVELOPMENT STANDARDS—RESIDENTIAL ZONES

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District R-R R-VL R-L R-M R-MH R-H #
Lot and Density Standards
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(a)

Lot Area and Width.

(1)

Lot Area. The minimum lot area within Residential zones shall be as set forth in Table 9-200.030-1 with the following modifications.

(A)

Major or Minor Subdivisions. For Major or Minor Subdivision applications, the size of individual lots may be reduced to 75 percent of the minimum lot size required by Table 9-200.030-1 and the average lot size for all lots in the proposed subdivision shall be equal to or greater than the minimum lot size required.

(B)

Affordable Housing. Lot sizes for developments providing housing affordable to persons of extremely low, very low, and low income may receive a bonus incentive which provides a reduction in lot size pursuant to Chapter 9-401, Affordable Housing Density Bonus.

(2)

Lot Width. The minimum lot width within Residential zones be as set forth in Table 9-200.030-1 with the following modifications.

(A)

Major or Minor Subdivision. The lot width of individual lots in a Major or Minor Subdivision may be reduced to 70 percent of the minimum lot width required by Table 9-200.030-1, provided the following conditions are met:

(i)

The average lot width for all lots in the proposed subdivision shall be equal to or greater than the minimum lot width required; and

(ii)

Individual corner lots shall not have a width of less than 50 feet.

(B)

Affordable Housing. The lot width for developments providing housing affordable for persons of extremely low, very low, and low incomes may receive a density bonus which provides a reduction in lot width pursuant to Chapter 9-401, Affordable Housing Density Bonus.

(b)

Yards. Yards on lots within Residential zones shall have the minimum dimensions set forth in Table 9- 200.030-1, except as modified below:

(1)

Reduction of Required Yards, Developed Areas. Required yards may be reduced in developed areas as follows:

(A)

If more than 50 percent of the block on which the lot sits is developed, the required yard may be reduced to the average of the existing yard dimensions for permitted structures on the block. In no case, however, shall a street side yard be less than 10 feet in width.

(B)

If the lot has less width than the required width specified in Table 9-200.030-1, the side yards may be reduced to 10 percent of the width of the lot, provided the interior side yard is not less than five feet in

width and the street side yard is not less than 10 feet in width.

(C)

If a corner lot is less than 50 feet in width, the street side yard may be reduced to 10 feet in width.

(2)

Reduction of Required Yards, Major or Minor Subdivisions. For Major or Minor Subdivision applications, the minimum dimensions for one or more required yards may be reduced or waived for individual lots, provided the following conditions are met:

(A)

The maximum General Plan density is not exceeded;

(B)

The street side yard is not less than 10 feet in width;

(C)

The sum of the dimensions of the side yards shall be equal to or greater than the sum of the dimensions of the side yards required by Table 9-200.030-1; and

(D)

The sum of the dimensions of the front and rear yards shall be equal to or greater than the respective sum of the dimensions of the front and rear yards required by Table 9-200.030-1.

(3)

Development Within Required Yards. The following structures may be located in or extend into required yards, subject to the provisions specified:

(A)

Architectural features, subject to the provisions of Chapter 9-400, General Site Regulations;

(B)

Screening, fencing, and gates, subject to the provisions of Sections 9-400.040, Fencing and Screening, and 9-400.050, Screening of Equipment; and

(C)

Additions to nonconforming single-family dwellings, subject to the provisions of Chapter 9-405, Nonconformity Provisions.

(c)

Affordable Housing. In projects providing housing affordable for persons of extremely low, very low, and low - incomes, a density bonus may provide for reductions in the lot and yard dimensions pursuant to Chapter 9 401, Affordable Housing Density Bonus. A streamlined ministerial approval process also is available on request for qualifying affordable housing projects on infill sites; see Section 9-401.110.

(d)

Height. Buildings and structures in the Residential zones shall not exceed the heights set forth in Table 9- 200.030-1, except as provided by Chapter 9-400, General Site Regulations; screening devices, including fences, gates, and gate posts, shall comply with the height requirements specified in Section 9-400.040, Fencing and Screening.

(e)

Additional Development Standards - R-M, R-MH, and R-H Zones.

(1)

Transitional Standards. Where an R-M, R-MH, or R-H zone abuts an R-L or R-VL zone and a structure greater than two stories is proposed, the following standards apply:

(A)

The building setback from the R-M, R-MH, and R-H zone boundary shall be 10 feet for side yards and 20 feet for rear yards.

(B)

A landscaped planting area, a minimum of five feet in width, shall be provided along all R-L or R-VL zone boundaries. A tree screen shall be planted in this area with trees planted at a maximum interval of 15 feet.

(2)

Upper Story Stepback. Upper stories of a street facing building with three or more stories shall be stepped back a minimum of 10 feet from the story below. Exceptions may be granted by the Zoning Administrator, provided that an entry courtyard with a minimum depth of 25 feet, landscaping, and seating amenities are provided on the ground level at grade; or other comparable public amenities are provided.

(3)

Parking Setback. Parking for Multi-Unit Residential may be located within the required front setback if the parking area is well screened with a wall, hedge, and/or landscaping.

(4)

Usable Open Space. Private and common open space for outdoor living shall be provided in accordance with the following attributes.

(A)

Private open space shall consist of balconies, decks, patios, fenced yards, and other similar areas directly accessible from a residential unit. Private open space located on the ground level (e.g., yards, decks, and patios) shall have no horizontal dimension less than 10 feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than six feet.

(B)

Common open space shall consist of courtyard entries, landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements available to all residents. Common open space shall have no horizontal dimension less than 15 feet.

(C)

All private and common open space shall be designed to be usable, with a surface 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, or other serviceable, dust-free surfacing. The slope of these areas shall not exceed 10 percent.

(f)

Residential Development Types. This section provides supplemental standards for small lot single unit, bungalow court, and townhouse development types. The first subsection below establishes the development standards for these residential development types, and the second subsection establishes the procedures for small lot subdivisions where these types of housing can be built. Small lot single units are allowed wherever single-unit dwelling are allowed, and bungalow courts are allowed in zones as shown in Table 9-200.020-1. The townhouse development types are allowed on lots in any zone where multi-unit residential development is allowed pursuant to Table 9-200.020-1.

(1)

Small Lot Single Unit, Bungalow Court, and Townhouse Development Types. Small lot single unit, bungalow court, and townhouse development types are subject to the development standards and supplemental regulations of the base zone unless modified by Table 9-200.030-2.

TABLE 9-200.030-2: DEVELOPMENT STANDARDS—SMALL LOT SINGLE UNIT, BUNGALOW COURT, AND TOWNHOUSE DEVELOPMENT TYPES

FIGURE 9-200.030-1: RESIDENTIAL DEVELOPMENT TYPE ILLUSTRATION: SMALL LOT SINGLE UNIT

FIGURE 9-200.030-2: RESIDENTIAL DEVELOPMENT TYPE ILLUSTRATION: BUNGALOW COURT

FIGURE 9-200.030-3: RESIDENTIAL DEVELOPMENT TYPE ILLUSTRATION: TOWNHOUSE DEVELOPMENT

(2)

Small Lot Subdivisions—R-L and R-M Zones. The purpose of this subsection is to provide opportunities to increase the supply of smaller dwelling units and affordable rental housing units in the County by allowing the creation of subdivisions with smaller lots and dwellings. It also is intended to establish development standards for these projects to ensure that they are compatible with the surrounding neighborhood. All of the requirements of the Series 500, Subdivision Regulations, also must be met.

(A)

Location. A small lot subdivision may be proposed and approved on any site within the R-L Zone where such development would be compatible with adjacent uses and the character of the area, and the overall density will not exceed the General Plan maximum unless additional density has been approved under Chapter 9-401, Affordable Housing Density Bonus. A small lot subdivision shall not be allowed where the Planning Commission determines that such compatibility will not occur, public utilities and services are inadequate, or the landform is inappropriate for such development because of grading or impacts on views from adjacent lots.

(B)

Development Types. Small lot subdivisions may be proposed and approved for small lot single unit, bungalow court, and townhouse development developed according to the standards in Section 9- 200.030(f), Residential Development Types.

(C)

Lot Standards. The Planning Commission may approve smaller lots than required for the base zone, but no less than 2,400 square feet in area and 30 feet in width, upon finding that the development will be compatible with neighboring uses and will contribute to underserved segments of the County's housing market.

(Ord. No. 4623, §§ 4—6, 5-2-2023; Ord. No. 4632, § 1, 9-26-2023; Ord. No. 4671, § 4, 5-13-2025)

9-200.040 - TWO-UNIT PROJECTS IN THE R-L ZONE

(a)

Purpose and Relationship to Government Code. The purpose of this section is to provide opportunities for two units on one legal parcel in the R-L Zone and on urban lot split lots, created under Section 9-501.040, consistent with State law. In the event of an inconsistency between this section and Government Code Section 65852.21, Government Code Section 65852.21 shall prevail.

(b)

Where Not Permitted. A two-unit residential development project shall not be permitted in any of the following circumstances:

(1)

Parcels located in:

(A)

Wetlands;

(B)

Very high fire severity zones, unless fire hazard mitigation measures have been approved for the parcel pursuant to County building standards or State fire mitigation measures;

(C)

A hazardous waste site, unless the site has been cleared by the State for residential use;

(D)

Delineated earthquake fault zones, unless the development complies with applicable seismic protection standards in the Building Code adopted by the County;

(E)

Special flood hazard areas (100-year flood zones), unless the site has been subject to a FEMA Letter of Map Revision issued to the Floodplain Administrator or Floodplain Administrator determines that the site meets FEMA requirements and minimum flood plain management criteria of the National Flood Insurance Program;

(F)

A regulatory floodway identified in a FEMA map, unless the development has received a "no-rise" certification from the Floodplain Administrator;

(G)

Land identified for conservation in an adopted natural resource protection plan or an adopted habitat conservation plan for protected species or that are subject to a conservation easement; and

(H)

A historic district designated pursuant to Chapter 9-704, Historic Districts and Landmarks, or included in the State Historic Resources Inventory.

(2)

The proposed development would require demolition or alteration of any of the following types of housing:

(A)

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to moderate, low, or very low incomes;

(B)

A rent-controlled unit;

(C)

A unit that has been occupied by a tenant within the past three years; or

(D)

Housing removed from the rental market within the past 15 years under the Ellis Act.

(3)

The proposed development would result in the demolition of more than 25 percent of the existing exterior structural walls.

(4)

The Zoning Administrator finds that the proposed development would have a specific, adverse impact on public health and safety or the physical environment that cannot be feasibly mitigated or avoided.

(c)

General Requirements. A proposed two-unit project shall comply with the following requirements:

(1)

A two-unit project located in a floodplain shall comply with Chapter 9-702, Flood Hazards.

(2)

A permanent address is required for each Dwelling Unit.

(3)

Applications for building permit, must include written confirmation that the requirements of Chapter 90602, Water Systems, and Chapter 9-604, Wastewater Treatment and Disposal, have been met.

(4)

Any two-unit project legally created under this section shall be governed by the Zoning regulations in effect at the time of approval.

(5)

Two-unit projects on urban lot split lots are subject to the requirements of Section 9-501.040.

(d)

Restrictions. A two-unit project qualifying for development under this section shall be subject to the following restrictions:

(1)

The development and use of the dwelling units shall only be valid and permitted based on the terms established in the Chapter.

(2)

No dwelling unit shall be rented for a period of less than 30 consecutive days.

(3)

On urban lot split lots approved under Section 9-501.040, no accessory dwelling units or junior accessory dwelling units are allowed.

(4)

The owner and all successors in interest in the subject property shall agree to respond to any County survey of owners of residential dwelling units to determine the current use and conformity to the requirements of this Title for purposes of reporting to the State Department of Housing and Community Development (HCD) on implementation of State housing law.

(5)

The owner and all successors in interest in the subject property shall maintain the dwelling units in accordance with all applicable regulations established in this Title. Violations and lack of compliance with any provisions of this Section may result in legal action against the property owner, including revocation of any right to maintain the Dwelling Units on the property, and shall be subject to administrative fines and penalties as established in Chapter 9-815, Enforcement.

(e)

The Ministerial Approval Process.

(1)

The Zoning Administrator shall ministerially review and approve a two-unit application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the two-unit project complies with the requirements contained in this Title and qualifies for ministerial approval under Government Code Section 65852.21(a).

(2)

Where a qualified two-unit application is submitted with an application for other development work that is subject to discretionary review, the application will be considered separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review.

(3)

In addition to obtaining a Zoning Compliance Review for the two-unit project, the applicant shall be required to obtain a building permit, an Administrative Use Permit for tree removal if required by Section 9- 400.100, and other applicable construction permits prior to the construction of the dwelling units.

(f)

Development Standards.

(1)

A two-unit project shall conform to all development standards applicable to the R-L Zone, except as expressly provided in this section. If the application of a development standard would require one or both units to be less than 800 square feet, such standard shall be waived to the extent necessary to allow construction of a unit(s) of at least 800 square feet.

(2)

The maximum height of a two-unit project is 25 feet above finished grade to the highest point of the roof. Buildings may be built up to 40 feet if the two-units are consolidated within one structure and comply with the allowable setbacks established for the R-L Zone.

(3)

A two-unit project is considered to be two primary dwelling units where either:

(A)

Both units are greater than 1,000 square feet; or

(B)

The square footage ratio between the two units are no greater than 2:3 (for example, if one unit were 1,200 square feet, the other would need to be at least 800 square feet).

(4)

One-bedroom dwelling units shall not exceed 850 square feet of gross floor area, and the combined square footage of dwelling units in a two-unit project shall not exceed 2,400 or 2,000 square feet on urban lot split lots.

(5)

Useable open space shall be provided as required by Table 9-200.030-2 for Small Lot Single Unit Development and must meet the standards of Section 9-200.030(c)(5), Usable Open Space.

(6)

Minimum required setbacks shall be as follows:

(A)

Front and street side setbacks: 15 feet.

(B)

Interior side and rear setbacks: 4 feet, except in the case of existing structures or structures constructed in the same location and to the same dimensions as an existing structure.

(C)

Double frontage, through lots shall maintain a front setback for the primary frontage containing either the driveway or in association with the orientation of the home. The opposite frontage shall be considered the rear yard.

(D)

Corner lots with frontage on two streets shall maintain a 15-foot front setback for the primary frontage. The setback for the street side yard shall be at least 10 feet.

(7)

Garage doors shall be setback at least 18 feet from a front or street side property line.

(8)

The dwelling units shall include permanent provisions for living, eating, and sleeping, including a kitchen and bedroom closet or other storage.

(9)

Each unit shall have an exterior entry facing the street; an internal connection between the units is not allowed.

(10)

A permanent foundation shall be required.

(g)

Off-Street Parking.

(1)

One off-street parking space is required for each unit, unless the lot is located within one-half mile of a high-quality transit corridor or major transit stop or there is a car share vehicle located within one block of the parcel.

(2)

Each parking space shall be independently accessible and not obstruct access to the other parking space.

(3)

Parking spaces shall be a minimum of 18 feet in length and 9 feet in width.

(4)

Tandem parking is prohibited between units.

(5)

The required parking spaces may be uncovered and provided within the front setback between an existing driveway and the lot line.

(h)

Termination of Use.

(1)

No building permit shall be issued to remove permanent features of the two-unit project, including the provisions for eating, cooking and sanitation, and separate exterior entrance until written approval to terminate the use of living space is granted by the Zoning Administrator.

(2)

At its discretion, the Zoning Administrator may grant an owner's written request to terminate the use of a dwelling unit. The Zoning Administrator shall consider the length of time the unit has been in use, the original conditions of approval, any variances or waivers granted for the unit, and the impact on the County's affordable housing supply.

(3)

As a condition of termination, the Zoning Administrator shall require the owner to make modifications to the property to comply with: 1) current Building Code requirements and 2) current development standards in effect at the time the request is made to terminate use, including but not limited to, setbacks, heights, parking, and landscaping. The owner shall apply for a building permit to make such modifications as required by the County's Building Codes.

Chapter 9-201 - Commercial Zones

Sections: