9-200.030 - DEVELOPMENT STANDARDS

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: