Article 0

In addition to the general purposes listed in Chapter 1.04 Title, Components, and Purposes, the specific purposes of residential districts are to:

• A. Provide appropriately located areas for residential development that are consistent with the General Plan and with standards of public health and safety established by the Municipal Code.

• B. Ensure adequate light, air, privacy, and open space for each dwelling, and protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental effects.

• C. Protect residential areas from fires, explosions, landslides, toxic fumes and substances, and other public safety hazards.

• D. Protect adjoining single-family residential districts from excessive loss of sun, light, quiet, and privacy resulting from proximity to new development.

• E. Achieve a high standard of site and building design and design compatibility with surrounding neighborhoods.

• F. Promote development of housing affordable by low- and moderate-income households by providing a density bonus for projects in which a portion of the units are affordable for such households.

• G. Provide sites for public and semipublic land uses needed to complement residential development or requiring a residential environment.

• H. Ensure the provision of public services and facilities needed to accommodate planned population densities.

The additional purposes of each R Residential District are:

RD Residential Duplex District. To provide opportunities for two-family housing at appropriate locations.

RM Residential Multi-Family District. To provide opportunities for multiple residential uses, including town houses, condominiums, multi-dwelling structures, or cluster housing with landscaped open space for residents' use, and apartments. Single-family and duplex dwellings are permitted uses in these districts. Five types of multi-family districts are established:

RM-3000 District, where the density is 14.5 dwellings per gross acre.

RM-2500 District, where the density is 17.5 dwellings per gross acre.

RM-2000 District, where the density is 22 dwellings per gross acre.

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City of San Leandro, CA

BASE DISTRICT REGULATIONS

§ 2.04.100

§ 2.04.100

RM-1800 District, where the density is 24 dwellings per gross acre.

RM-875 District, where the density is 50 dwellings per gross acre.

RO Residential Outer District. To provide opportunities for additional single- and twofamily dwellings on larger lots, subject to appropriate standards and to permit horticulture, animal husbandry, and small-scale truck gardening within limitations consistent with the basic residential character of the district.

• RS Residential Single Family District. To provide opportunities for single-family residential land use in neighborhoods, subject to appropriate standards. There are two subdistricts of the RS District. One, indicated by a "-40" designation, is intended for areas where the minimum front yard setback is 40 feet. The other, indicated by a –VP, is intended for "view preservation," where the maximum height limit is 18 feet and all new homes and additions are subject to discretionary review to prevent unreasonable blockage of views. (Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3)

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City of San Leandro, CA

Article 1 Use Regulations

• A. RD District—Permitted Uses.

The following uses are allowed in the RD District, and a conditional use permit is not required. (Certain uses are subject to special requirements and/or limitations, as prescribed following the individual use classification.)

1. Accessory uses when in conjunction with a permitted use.

2. Garage and Yard Sales. (Limited to two times per year on the premises of the property owner or a residential property in the immediate vicinity.)

3. Park and Recreation Facilities, Public.

4. Single-Family Residential.

5. Two-Family Residential.

6. Utilities, Minor.

• B. RD District—Conditionally Permitted Uses.

The following uses are allowed in the RD District, subject to the approval of a conditional use permit. (Certain uses are subject to special requirements and/or limitations, as prescribed following the individual use classification.)

1. Accessory uses when in conjunction with a conditionally permitted use.

2. Assembly Uses.

3. Park and Recreation Facilities, Private Noncommercial.

4. Public Safety Facilities.

5. Schools, Public or Private.

6. Swim and Tennis Clubs.

7. Utilities, Major.

• C.

RD District—Uses Requiring Administrative Review.

The following uses are allowed in the RD District, subject to the approval of an Administrative Review by the Zoning Enforcement Official, as per the requirements of Chapter 5.04 Zoning Permits Required; Environmental Review; Fees and Deposits.

1. Community Gardens. (Subject to the regulations of Section 4.04.380 Community Gardens)

2. Day Care, General.

3. Telecommunications Antennas, Architecturally-Integrated and/or Co-Locations &

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City of San Leandro, CA

BASE DISTRICT REGULATIONS

§ 2.04.200

§ 2.04.204

Modifications to Existing Tower Structures per Section 4.04.376 Wireless Telecommunications Facilities.

• D. RD District—Temporary Uses Requiring Administrative Review.

The following temporary uses are allowed in the RD District, subject to the regulations of Section 5.08.144 Temporary Use Permits.

1. Assembly Uses, Temporary.

2. Commercial Filming.

3. Street or Neighborhood Fairs. (Ord. 2001-015 § 1; Ord. 2007-005 § 2; Ord. 2014-011 § 2; Ord. 2015-11 § 4; Ord. 2017-003 § 4; Ord. 2020-002 § 4)

• A. RM District—Permitted Uses.

The following uses are allowed in the RM District, and a conditional use permit is not required. (Certain uses are subject to special requirements and/or limitations, as prescribed following the individual use classification.)

1. Accessory uses when in conjunction with a permitted use.

2. Garage and Yard Sales. (Limited to two times per year on the premises of the property owner or a residential property in the immediate vicinity.)

3. Multi-Family Residential.

4. Park and Recreation Facilities, Public.

5. Two-Family Residential.

6. Utilities, Minor.

• B. RM District—Conditionally Permitted Uses.

The following uses are allowed in the RM District, subject to the approval of a conditional use permit. (Certain uses are subject to special requirements and/or limitations, as prescribed following the individual use classification.)

1. Accessory uses when in conjunction with a conditionally permitted use.

2. Assembly Uses.

3. Bed and Breakfast Inns.

4. Group Housing.

5. Manufactured Home Parks.

6. Park and Recreation Facilities, Private Noncommercial.

7. Public Safety Facilities.

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City of San Leandro, CA

SAN LEANDRO CODE

§ 2.04.204

§ 2.04.208

8. Schools, Public or Private.

9. Swim and Tennis Clubs.

10. Utilities, Major.

• C.

RM District—Uses Requiring Administrative Review.

The following uses are allowed in the RM District, subject to the approval of an Administrative Review by the Zoning Enforcement Official, as per the requirements of Chapter 5.04 Zoning Permits Required; Environmental Review; Fees and Deposits.

1. Community Gardens. (Subject to the regulations of Section 4.04.380 Community Gardens.)

2. Day Care, General.

3. Telecommunications Antennas, Architecturally-Integrated and/or Co-Locations & Modifications to Existing Tower Structures per Section 4.04.376 Wireless Telecommunications Facilities.

• D. RM District—Temporary Uses Requiring Administrative Review.

The following temporary uses are allowed in the RM District, subject to the regulations of Section 5.08.144 Temporary Use Permits.

1. Assembly Uses, Temporary.

2. Commercial Filming.

3. Street or Neighborhood Fairs. (Ord. 2001-015 § 1; Ord. 2004-023 § 1; Ord. 2007-005 § 2; Ord. 2014-011 § 2; Ord. 2015-11 § 4; Ord. 2017-003 § 4; Ord. 2020-002 § 4; Ord. 2022-022 § 3)

• A. RO District—Permitted Uses.

The following uses are allowed in the RO District, and a conditional use permit is not required. (Certain uses are subject to special requirements and/or limitations, as prescribed following the individual use classification.)

1. Accessory uses when in conjunction with a permitted use.

2. Animal Husbandry. (Subject to the regulations of Section 2.04.240 RO District—Animal Husbandry.)

3. Garage and Yard Sales. (Limited to two times per year on the premises of the property owner or a residential property in the immediate vicinity.)

4. Horticulture, Limited.

5. Park and Recreation Facilities, Public.

6. Single-Family Residential.

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City of San Leandro, CA

BASE DISTRICT REGULATIONS

§ 2.04.208

§ 2.04.212

7. Additional Residential Dwelling Units, subject to the regulations of Section 2.04.384 RO District—Additional Dwelling Units.

8. Utilities, Minor.

• B. RO District—Conditionally Permitted Uses.

The following uses are allowed in the RO District, subject to the approval of a conditional use permit. (Certain uses are subject to special requirements and/or limitations, as prescribed following the individual use classifications.)

1. Accessory uses when in conjunction with a conditionally permitted use.

2. Assembly Uses.

3. Park and Recreation Facilities, Private Noncommercial.

4. Public Safety Facilities.

5. Schools, Public or Private.

6. Utilities, Major.

• C. RO District—Uses Requiring Administrative Review.

The following uses are allowed in the RO District, subject to the approval of an Administrative Review by the Zoning Enforcement Official, as per the requirements of Chapter 5.04 Zoning Permits Required; Environmental Review; Fees and Deposits.

1. Community Gardens. (Subject to the regulations of Section 4.04.380 Community Gardens.)

2. Day Care, General.

3. Telecommunications Antennas, Architecturally-Integrated and/or Co-Locations & Modifications to Existing Tower Structures per Section 4.04.376 Wireless Telecommunications Facilities.

• D. RO District—Temporary Uses Requiring Administrative Review.

The following temporary uses are allowed in the RO District, subject to the regulations of Section 5.08.144 Temporary Use Permits.

1. Assembly Uses, Temporary.

2. Commercial Filming.

3. Street or Neighborhood Fairs. (Ord. 2001-015 § 1; Ord. 2007-005 § 2; Ord. 2014-011 § 2; Ord. 2015-11 § 4; Ord. 2017-003 § 4; Ord. 2020-002 § 4)

• A. RS District—Permitted Uses.

The following uses are allowed in the RS District, and a conditional use permit is not

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City of San Leandro, CA § 2.04.212

SAN LEANDRO CODE

§ 2.04.212

required. (Certain uses are subject to special requirements and/or limitations, as prescribed following the individual use classification.)

1. Accessory uses when in conjunction with a permitted use.

2. Garage and Yard Sales. (Limited to two times per year on the premises of the property owner or a residential property in the immediate vicinity.)

3. Park and Recreation Facilities, Public.

4. Single-Family Residential.

5. Two-Family Residential, Pre-Existing. (These pre-existing two-family residential uses shall be allowed to remain and shall not be considered nonconforming, but no new uses shall be established.)

6. Utilities, Minor.

• B. RS District—Conditionally Permitted Uses.

The following uses are allowed in the RS District, subject to the approval of a conditional use permit. (Certain uses are subject to special requirements and/or limitations, as prescribed following the individual use classification.)

1. Accessory uses when in conjunction with a conditionally permitted use.

2. Assembly Uses.

3. Park and Recreation Facilities, Private Noncommercial.

4. Public Safety Facilities.

5. Schools, Public or Private.

6. Swim and Tennis Clubs.

7. Utilities, Major.

C. RS District—Uses Requiring Administrative Review.

The following uses are allowed in the RS District, subject to the approval of an Administrative Review by the Zoning Enforcement Official, as per the requirements of Chapter 5.04 Zoning Permits Required; Environmental Review; Fees and Deposits.

1. Community Gardens. (Subject to the regulations of Section 4.04.380 Community Gardens.)

2. Day Care, General.

3. Telecommunications Antennas, Architecturally-Integrated and/or Co-Locations & Modifications to Existing Tower Structures per Section 4.04.376 Wireless Telecommunications Facilities.

• D. RS District—Temporary Uses Requiring Administrative Review.

The following temporary uses are allowed in the RS District, subject to the regulations of

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City of San Leandro, CA

BASE DISTRICT REGULATIONS

§ 2.04.212

§ 2.04.220

Section 5.08.144 Temporary Use Permits.

1. Assembly Uses, Temporary.

2. Commercial Filming.

3. Street or Neighborhood Fairs.

(Ord. 2001-015 § 1; Ord. 2007-005 § 2; Ord. 2014-011 § 2; Ord. 2015-11 § 4; Ord. 2017-003 § 4; Ord. 2020-002 § 4)

All uses not listed as permitted, conditionally permitted, subject to administrative review, or subject to site development review are prohibited, unless a determination is made by the Zoning Enforcement Official pursuant to Section 5.04.112 Uses Not Listed.

In addition to the uses listed above, the following regulations shall apply:

• A. Home Occupations are subject to the regulations of Section 2.04.220 Home Occupation in R Districts.

• B. Nonconforming Uses are subject to the regulations of Chapter 4.20 Nonconforming Uses and Structures.

• C. Family Day Care Homes are subject to the regulations of Section 2.04.224 Family Day Care Homes.

• D. Cottage Food Operations are subject to the regulations of Section 2.04.228 Cottage Food Operations.

• E. Residential Congregate Care Facilities are subject to the regulations of Section 2.04.232 Residential Congregate Care Facilities.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

• A. Permit Required. A home occupation in a residential use shall require a home occupation permit, obtained by filing a completed application form with the Zoning Enforcement Official. The Zoning Enforcement Official shall issue the permit upon determining that the proposed home occupation complies with the requirements of this section.

• B. Contents of Application. An application for a home occupation permit shall contain:

  1. The name, address, and telephone number of the applicant;

  2. A complete description of the proposed home occupation, including, but not limited to, the number and occupation of persons employed or persons retained as independent contractors, or otherwise engaged or participating in the business, amount of floor space occupied, provisions for storage of materials, and number and type of vehicles or equipment used.

• C. Required Conditions. Home occupations shall comply with the following regulations:

  1. No one other than a resident of the dwelling shall be employed on site or report to

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City of San Leandro, CA § 2.04.220

SAN LEANDRO CODE

§ 2.04.224

work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors.

2. There shall be no interior or exterior activity related to the home occupation inconsistent with or interfering with residential use of the property or detrimental to property in the vicinity.

3. A home occupation shall be conducted entirely within a building and shall occupy no more than the lesser of 500 square feet or 25 percent of the floor area. No outdoor storage of materials or supplies shall be permitted in conjunction with the home occupation.

4. The existence of a home occupation shall not be apparent beyond the boundaries of the site, and no home occupation shall involve the use of a sign.

5. A home occupation shall comply with the performance standards prescribed by Section 4.04.340 Performance Standards, provided that no noise shall be perceptible at or beyond the property line.

6. A home occupation shall not create pedestrian, automobile, or truck traffic detrimental to property in the vicinity. All deliveries of materials related to a home occupation shall be by the U.S. Postal Service or similar carrier, or by means of vehicles customarily kept on the site by the permit holder or family members.

7. A home occupation shall not result in a reduction or elimination of any required parking space.

8. Any vehicle or vehicles used by the applicant in conjunction with the home occupation or with any related business activity shall be parked in a manner so as not to be visible from a public street. This limitation shall not apply to standard passenger vehicles or trucks and vans of three-quarter-ton or less in size, so long as no advertising of the home occupation or any related business activity (except that required by law) is displayed in or upon such vehicles.

9. No advertising of the home occupation (including business cards) shall include the applicant's address.

The permit for a home occupation that is not operated in compliance with these regulations shall be revoked by the Zoning Enforcement Official after 30 days' written notice unless the home occupation is altered to comply.

• D. Business License and Renewal. A home occupation permit shall remain effective with the issuance and annual renewal of the required business license.

• E. Appeals. In accord with Chapter 5.08 Use Permits and Variances, decisions of the Zoning Enforcement Official may be appealed to the Planning Commission by the applicant or by any interested party.

(Ord. 2001-015 § 1; Ord. 2015-11 § 4; Ord. 2020-002 § 4; Ord. 2022-001 § 3; Ord. 2024-011, 7/15/2024)

• A. Family Day Care Homes as a Residential Use. Licensed family day care operations, as

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City of San Leandro, CA

BASE DISTRICT REGULATIONS

§ 2.04.224

§ 2.04.228

defined in Section 1.12.108 Definitions, shall be permitted in any dwelling in the City, including in apartments and multifamily dwelling units. Family day care homes are considered a residential use of property and may be permitted in all Residential Districts and all other Zoning Districts in which residential uses are either permitted, conditionally permitted, or subject to administrative review.

• (Ord. 2001-015 § 1; Ord. 2012-001 § 3; Ord. 2020-002 § 4)

Cottage food operations are subject to the following regulations:

• A. Permitted Location. Cottage food operations shall be permitted in any dwelling in the City.

• B. Required Permits. Any dwelling can be used for a cottage food operation when the Zoning Enforcement Official has granted a cottage food operation permit.

• C. Cottage Food Operation Permit—Compliance with Standards. The Zoning Enforcement Official shall grant a permit for the cottage food operation only if after review of the application for such permit, inspection of the premises and any other necessary information, the Zoning Enforcement Official determines that the application complies with the following standards:

  1. Spacing. No cottage food operation shall be located within 150 feet of any other cottage food operation, as measured from the exterior lot lines along the property frontages.

  2. On-Street Parking. No cottage food operation shall be located upon a lot having less than 32 feet of legally permitted parking along the frontage of the lot.

  3. Employee Parking and Customer Parking Circulation Plan. The driveway of a cottage food operation may be used to provide off-street parking required by Chapter 4.08 Off-Street Parking and Loading Regulations if such use will not obstruct a sidewalk or other public right-of-way.

The applicant shall provide the Zoning Enforcement Official with a written plan for the administration of parking and traffic operations related to the proposed cottage food operation. This plan shall include controls for vehicle circulation, drop-off and pick-up of cottage food related products and parking for the employee so that parking, loading, unloading and turning movements are compatible with the residential environment in which the cottage food operation will be located.

4. Noise Control. The level of noise in connection with the operation of a cottage food operation shall not be persistently maintained at a level of 55 decibels or greater, as measured from any point along or beyond the property line of the subject premises.

5. Traffic. A cottage food operation shall not create pedestrian, automobile, or truck traffic detrimental to property in the vicinity. All deliveries of materials related to a cottage food operation shall be by the U.S. Postal Service or similar carrier, or by means of vehicles customarily kept on the site by the permit holder or family members in trucks or vans of three-quarter-ton or less in size.

6. Parking. A cottage food operation shall not result in a reduction or elimination of any required parking space. One off-street parking space shall be provided for employees,

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City of San Leandro, CA § 2.04.228

SAN LEANDRO CODE

§ 2.04.232

per Section 4.08.108 Off-Street Parking and Loading Spaces Required. Said employee parking may be uncovered and located in a driveway.

7. Vehicles. Any vehicle or vehicles used by the applicant in conjunction with the cottage food operation or with any related business activity shall be parked in a manner so as not to be visible from a public street. This limitation shall not apply to standard passenger vehicles or trucks and vans of three-quarter-ton or less in size.

   8. Required State Permits or Licenses. No permit issued pursuant to this section shall become operative until copies of the Alameda County application/permitting form and City business license have been filed with the Zoning Enforcement Official.

   9. Nontransferable. A permit issued pursuant to this section shall be nontransferable and shall not run with the land.

• D. Notwithstanding the above, Standards C.1: Spacing and C.2: On-Street Parking will not apply to a cottage food operation where the permit applicant declares on the application form that the cottage food operation will not be making any customer sales directly from the dwelling or property.

Notwithstanding the above, Standards C.1: Spacing and C.2: On-Street Parking will not apply to a cottage food operation that operates in a location where there are two or more on-site, off-street, dedicated parking spaces for guests.

• E. Administrative Exception Provision. The Zoning Enforcement Official may approve an Administrative Exception, per Section 2.04.400 Administrative Exceptions, if an applicant cannot meet the provisions of Subsections C.1 through C.7.

• F. Appeals. In accord with Chapter 5.08 Use Permits and Variances, decisions of the Zoning Enforcement Official may be appealed to the Planning Commission by the applicant or by any interested party.

• (Ord. 2013-006 § 3; Ord. 2020-002 § 4; Ord. 2022-001 § 3; Ord. 2024-011, 7/15/2024)

• A. Purpose and Intent. The City Council finds that certain people, including elderly persons, persons suffering from chronic illnesses, and persons with mental or physical disabilities, including persons recovering from drug and/or alcohol addiction, often benefit from living in a non-institutional residential environment, which is frequently cost-effective and more humane and therapeutic. The Council also finds that, under the Federal Fair Housing Act, 42 U.S.C. 3601 et seq., the City has an obligation to provide reasonable accommodation for the disabled, including changing, waiving, and making exceptions to zoning rules that would otherwise have the effect of limiting the ability of such individuals to live in the residence of their choice in the community. The Council further finds that the preservation and protection of the character of residential neighborhoods is in the best interest of the public health, safety, and welfare, and that overconcentration of residential facilities for the individuals listed above can impair the character of residential neighborhoods, thereby defeating the very reason for providing residential accommodations for such individuals. Thus, the Council concludes that a set of land use laws that flexibly limits the concentration of residential facilities for the individuals listed above can balance the City's complementary interests in reasonably accommodating disabled individuals seeking a residential living environment and in preserving the character of residential neighborhoods.

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City of San Leandro, CA

BASE DISTRICT REGULATIONS

§ 2.04.232

§ 2.04.232

The purpose of this section is to enact such a law. In enacting this law, the Council has attempted to achieve the goals described above by removing any special requirements for facilities for the disabled that would limit such individuals' choice of places to live; to the extent that such residences are subject to requirements different from those applicable to similar uses of land, the Council has concluded that no less discriminatory alternatives exist that would as effectively promote its interests in reasonable accommodation and the preservation of residential neighborhoods.

• B. Residential Use. Residential congregate care facilities and limited group housing, as defined in Section 1.12.108 Definitions, are considered a residential use of property, and may be permitted in all Residential Districts, and all other Zoning Districts in which residential uses are either permitted, conditionally permitted, or subject to administrative review, and subject to the limitations prescribed in this section.

tial congregate care facilities and limited group housing, as defined in Section 1.12.108 Definitions, are considered a residential use of property, and may be permitted in all Residential Districts, and all other Zoning Districts in which residential uses are either permitted, conditionally permitted, or subject to administrative review, and subject to the limitations prescribed in this section.

• C. Applicability of Regulations. Residential congregate care facilities and limited group housing shall be subject to the zoning requirements of this section, and any subdivision, housing, and building regulations and codes expressly applicable to such facilities, including building and fire safety requirements. Nothing in those regulations and codes shall be construed to prohibit such facilities from locating where a residential use would otherwise be permitted or conditionally permitted. No privately created covenant, equitable servitude, or other contract or agreement shall be used as the basis of denial of permission to operate a residential congregate care facilities that has met all other applicable requirements.

  1. Limited Residential Congregate Care Facilities and Limited Group Housing. "Residential Congregate Care Facilities, Limited" and "Group Housing, Limited" defined in Section 1.12.108 Definitions, are subject to the same development standards for the applicable residential type in the applicable zone.

  2. Residential Congregate Care Facilities with More than Six Residents. All new residential congregate care facilities for which the contemplated number of residents is more than six (not including live-in staff), and existing residential congregate care facilities that wish to increase the number of residents to more than six are also subject to the following requirements:

     • a. Over-Concentration and Minimum Spacing. To prevent an over-concentration of residential congregate care facilities in the City, all facilities with more than six residents (not including live-in staff) must be a minimum distance of 750 feet from another such facility. Nothing in this subsection shall prevent more than one facility from locating in an individual apartment/condominium complex, providing the spacing requirements of this subsection are met. An adjustment to the required minimum spacing may be granted pursuant to Subsection C.2.c Adjustments to Required Minimum Spacing Requirement below.

     • b. Facilities with Total Occupancy of More 10 Adults. Residential congregate care facilities with more than 10 residents (including staff) who are 18 years of age, or older, are subject to the requirements of Section 2.04.236 Maximum Dwelling Unit Occupancy.

     • c. Adjustments to Required Minimum Spacing Requirement. Approval to locate a residential congregate care facility with more than six residents (not including

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City of San Leandro, CA § 2.04.232

SAN LEANDRO CODE

§ 2.04.240

live-in staff) closer than 750 feet from another such facility is subject to approval of a Major Site Plan Review per Chapter 5.12 and the following:

• i. Findings Requiring Denial of Request. All applications for adjustment to the minimum spacing requirement pursuant to this section shall be granted unless the Zoning Enforcement Official finds all of the following:

  - (A) That the proposed residential congregate care facility, at the location being requested, would impose an undue administrative or financial burden on the City; 
  
  - (B) That the proposed residential congregate care facility, at the location being requested, would effect a fundamental change in the nature of the neighborhood in which it proposes to locate; and 
  
  - (C) That the proposed residential congregate care facility, at the location being requested, would significantly compromise the City's interest in maintaining either the residential character of the surrounding neighborhood or reasonable accommodation to disabled persons seeking a residential living environment. 
  

  • ii. Adjustment Review Process Does Not Limit Number of Facilities. The Zoning Enforcement Official shall neither interpret nor enforce this subsection in a manner, which creates a ceiling quota on the number of residential congregate care facilities that may locate in the City, or impose limitations, beyond those prescribed by Code, as to the number of persons who may live in such facilities.

  • iii. Ability to Impose Conditions. The Zoning Enforcement Official may impose conditions on an adjustment to spacing limitations, in the same manner and subject to the same limitations as provided for the approval of a Use Permit or Variance, as prescribed in Section 5.08.128 Conditions of Approval.

  • iv. Appeals. A Decision by Zoning Enforcement Official may be appealed to the Planning Commission pursuant to the requirements of Chapter 5.20 Appeals.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-022 § 3; Ord. 2024-011, 7/15/2024)

To ensure consistency with the density policies of the General Plan and with the rights of individuals living as a household, occupancy by persons living as a single household (whether or not related by blood or marriage) in a dwelling unit shall comply with the California Uniform Housing Code.

• A. A zoning permit shall be required for occupancy of a dwelling unit by more than 10 persons 18 years or older.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

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City of San Leandro, CA

BASE DISTRICT REGULATIONS

§ 2.04.240

§ 2.04.240

The maintenance of horses, cows, goats, cats, dogs, rabbits, chinchillas, guinea pigs, poultry, pigeons, and other similar animals is permitted on a lot with one dwelling unit, subject to the following regulations:

• A. The slaughter of small animals, such as poultry and rabbits is permitted only where intended for consumption by the resident family.

• B. The keeping, feeding, and maintenance of horses, cows or goats is permitted for non-profit purposes only. The keeping, feeding and maintenance of dogs, cats, rabbits, chinchillas, guinea pigs, poultry, pigeons, and other similar animals is permitted for the purpose of profit only where the sale of animals or animal products on the site is clearly subordinate and incidental to the residential use of the property.

• C. No animal other than household pets shall be kept within a dwelling, or within 20 feet of a dwelling or of a required front yard, or within 60 feet of the front lot line.

• D. The maximum space devoted to the keeping of such animals shall be 5,000 square feet or 20 percent of the lot, whichever is less.

• E. Housing or caging of animals shall be adequate and sanitary. All animal food except hay and straw shall be stored in rodent-proof containers.

• F. The number of animals other than household pets shall be limited by the following requirements of open space:

  1. For each horse or cow - 4,000 square feet

  2. For each sheep or goat - 2,000 square feet

  3. For each dog not a household pet - 1,000 square feet

  4. For each cat not a household pet - 500 square feet

  5. For each large animal, other than above - 2,000 square feet

  6. For each small animal, such as rabbit or fowl - 250 square feet

Calculation of the total open space requirement shall be cumulative, except that onehalf of the total requirement for large animals may be put toward the required space for small animals. Unweaned young of animals and young of small animals and fowl under the age of six months can be excluded when determining the open space requirements, if the number of such animals is not twice the number of permitted animals at any one time.

• G. If any part of an RO District is recorded to be in a district in which animal husbandry is not a permitted accessory use, such use shall cease within six months from the effective date of the zoning.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

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City of San Leandro, CA

Article 2 Development Regulations

The following sections set forth the property development regulations of the RD, RM, RO and RS Districts.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3)

==> picture [424 x 241] intentionally omitted <==

----- Start of picture text -----
Zoning District Minimum Density Maximum Density*
RD n.a. 2 dwelling units per parcel
RM-3000 n.a. 14.5 dwelling units per acre
RM-2500 12 dwelling units per acre 17.5 dwelling units per acre
RM-2000 12 dwelling units per acre 22 dwelling units per acre
RM-1800 12 dwelling units per acre 24 dwelling units per acre
RM-875 20 dwelling units per acre 50 dwelling units per acre
RO n.a. Varies based on parcel size.
See Section 2.04.384 RO
District—Additional Dwelling
Units
RS n.a. 1 dwelling unit per parcel
RS-40 n.a. 1 dwelling unit per parcel
RS-VP n.a. 1 dwelling unit per parcel
----- End of picture text -----

Notes:

• For properties within the Corridor Mixed Use (CMU) General Plan Land Use Designation maximum residential density is dictated by applicable floor area ratio (FAR) limits rather than limits on dwelling units per acre.

• A. Where a corner lot has a property line radius of 20 feet or less, the area bounded by the extended property lines and the corner radius shall be considered part of the lot area.

• B. Accessory dwelling units and junior accessory dwelling units do not count toward the maximum density. See Section 2.04.388 Accessory Dwelling Units (ADUs).

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3; Ord. 2022-022 § 3)

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----- Start of picture text -----
Minimum Lot Area (square Minimum Lot Area for Corner
Zoning District feet) Lot (square feet)
RD 5,000 6,000
RM-3000 6,000 7,000
RM-2500 7,500 8,500
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City of San Leandro, CA

BASE DISTRICT REGULATIONS

§ 2.04.308

§ 2.04.316

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----- Start of picture text -----
Minimum Lot Area (square Minimum Lot Area for Corner
Zoning District feet) Lot (square feet)
RM-2000 10,000 12,000
RM-1800 10,000 12,000
RM-875 10,000 12,000
RO 8,000 8,000
RS 5,000 6,000
RS-40 5,000 6,000
RS-VP 5,000 6,000
----- End of picture text -----

• A. The Minimum Lot Area shall be subject to the regulations of Sections 4.04.304 Development on Lots Not Meeting Minimum Area or Width, and 4.04.308 Development on Lots Divided by District Boundaries. Where a corner lot has a property line radius of 20 feet or less, the area bounded by the extended property lines and the corner radius line shall be considered part of the lot area.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3)

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Minimum Lot Width for Corner
Zoning District Minimum Lot Width (feet) Lot (feet)
RD 50 60
RM-3000 60 70
RM-2500 75 85
RM-2000 100 120
RM-1800 100 120
RM-875 100 120
RO 60 60
RS 50 60
RS-40 50 60
RS-VP 50 60
----- End of picture text -----

• A. The Minimum Lot Width shall be subject to the regulations of Section 4.04.304 Development on Lots Not Meeting Minimum Area or Width. Where a corner lot has a property line radius of 20 feet or less, the area bounded by the extended property lines and the corner radius line shall be considered part of the lot area.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3)

• A. Minimum Building Setback. The minimum yard setback for building placement is as prescribed below. Additional building setback requirements may also apply as specified in Subsections B and C.

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City of San Leandro, CA

SAN LEANDRO CODE

§ 2.04.316

§ 2.04.320

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----- Start of picture text -----
Corner Side
Zoning District Front (feet) Side (feet) (feet) Rear (feet)
RD 20 5 10 15
RM-3000 20 Min.6; Avg.10 20 15
RM-2500 15 Min.6; Avg.10 15 15
RM-2000 15 Min.6; Avg.10 15 15
RM-1800 15 Min.6; Avg.10 15 15
RM-875 15 Min.6; Avg.10 15 15
RO 20 6-12 10 10-25
RS 20 5 10 15
RS-40 40 5 10 15
RS-VP 20 5 10 15
----- End of picture text -----

• B. Minimum required yard setbacks shall be subject to the regulations of Section 2.04.340 R Districts—Adjustments to Minimum Yard Requirements; and in the RO District, the regulations of Section 2.04.376 RO District—Additional Setback and Lot Coverage Requirements.

• C. Determination of Front and Corner Side Yards. For corner lots, the owner may select either street frontage line as the front lot line, subject to approval of the Zoning Enforcement Official.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3)

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Zoning District Height (feet)
RD 30
RM-3000 40
RM-2500 45
RM-2000 50
RM-1800 50
RM-875 50
RO (B)
30
RS 30
RS-40 30
RS-VP (C)
18
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• A. General Exceptions to Height Limits. The maximum height of a structure, other than in the RS-VP District, shall be subject to the regulations of Section 4.04.320 Exceptions to Height Limits.

• B. Additional Height Restriction in RO District. Any portion of a dwelling located within 20

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City of San Leandro, CA

BASE DISTRICT REGULATIONS

§ 2.04.320

§ 2.04.320

feet of the rear lot line shall not exceed 15 feet in height.

• C. Additional Height Restrictions in RS-VP Sub-District.

  1. Alternate Definition to Measure Maximum Height of Structure in RS-VP SubDistrict. Notwithstanding the definition of "Height" in Section 1.12.108 Definitions, the height of a structure in the RS-VP sub-district shall not exceed a height of 18 feet, as defined below:

     • a. Establishing Maximum Building Height. The 18-foot height limit is established by an assumed plane 18 feet above existing grade, as measured perpendicularly from the existing grade. Except for chimneys, vents, and non-commercial reception antennas, no portion of the structure, including any part of the roof, may exceed this 18 feet height limit. (See illustration "Examples of 18 Foot Height Limit.")

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EXAMPLES OF 18 FOOT HEIGHT LIMIT IN RS-VP SUB-DISTRICT

(The diagram is illustrative)

• b. Documenting Compliance with Maximum Building Height. Applicants shall illustrate the proposal's height by providing no less than two sectional views, drawn through the proposed structure and perpendicular to existing contours, one of which shall illustrate the tallest point of the structure (i.e., where the structure would be at its maximum height above "existing grade"), and the other being drawn at approximately the center of the structure.

2. Definition of "Existing Grade." See 1.12.108 Definitions "Grade, Existing" and illustration "Examples of 18 Foot Height Limit" above.

3. Maximum of One Story. A maximum of one story is permitted in the RS-VP subdistrict, except that the improvement of a basement or space below an existing habitable story (i.e., construction of a new habitable story within the building envelope of a pre-existing structure) is exempt from this one-story limitation.

4. Exceptions. Exceptions may be granted to the 18 feet and/or one-story height limit up to a height not to exceed 30 feet, pursuant to Major Site Plan Review. To approve an exception to the height limit of the RS-VP Sub-District, the decision-making body shall make the following finding:

• a. Mandatory Finding—The Views Currently Enjoyed by Neighbors Are Retained. The proposed construction that is in excess of the height limit of the RS-VP Sub-District does not unreasonably block or diminish neighbors' views of distant and scenic features, such as the San Francisco Bay and surrounding open spaces and skylines, to any greater degree than would a proposal for construction that conformed to the height limits of the RS-VP Sub-District.

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City of San Leandro, CA

SAN LEANDRO CODE

§ 2.04.320

§ 2.04.328

5. Pre-Existing Structures. Notwithstanding the restrictions specified in Subsection B.3 of Section 4.20.108 Alterations and Expansions on allowed improvements to nonconforming structures, single-family residences in the RS-VP sub-district permitted prior to August 15, 2001, and are nonconforming only because they exceed the height limitation of this subsection, may be improved by enlargements or alterations of any value. If damaged or destroyed, such structures may be reconstructed as specified by Subsection B.1 of Section 4.20.116 Restoration of a Damaged Structure and Its Nonconforming Use.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3)

Daylight Planes are intended to provide for light and air, and to limit the impacts of bulk and mass on adjacent properties. "Daylight Plane" means a height limitation that, when combined with the maximum height limit, defines the building envelope within which all new structures or additions must be contained. The daylight plane may further limit the height or horizontal extent of the building at any specific point where the daylight plane is more restrictive than the height limit applicable at such point on the site. The daylight plane shall be measured separately for each building on a lot, and separately for each side of each building.

• A. Applicability. Daylight planes are established for lots zoned RD, RO, RS, RS-40, and RSVP.

• B. Daylight Plane. A daylight plane shall begin at a horizontal line 19 feet, six inches above the grade of each side setback line of each lot and shall slope inwards at a 45-degree angle. (Please refer to Residential Daylight Plane illustration.)

No portion of the structure shall intrude beyond the daylight plane except as provided for in Section 4.04.312 Building Projections into Yards and Courts.

• C. Exceptions. Exceptions may be granted with administrative approval by the Zoning Enforcement Official (per Section 5.04.108 Authority of Zoning Enforcement Official, as amended).

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(Ord. 2007-001 § 1; Ord. 2020-002 § 4)

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District Coverage (percent)
RO 33-1/3
RS 50
RS-40 50
RS-VP 50
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City of San Leandro, CA

BASE DISTRICT REGULATIONS

§ 2.04.328

§ 2.04.332

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----- Start of picture text -----
District Coverage (percent)
RD 50
RM-3000 50
RM-2500 60
RM-2000 60
RM-1800 70
RM-875 80
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• A. Exceptions. In calculating the percentage of lot coverage for the purpose of applying the regulations of this Zoning Code, the features of a structure as hereafter set forth shall not be included as coverage:

  1. Cornices, canopies, eaves or other projections which do not increase the volume of space enclosed by the building provided that any portion of such projections extending more than two feet from the building shall be included as coverage;

  2. Fire escapes up to three and one-half feet;

  3. An uncovered stair and landing which does not extend above a ground floor entrance except for the railing; or

  4. Bay windows, balconies or chimneys which project from the wall not more than two feet; provided, that, such features do not in the aggregate occupy more than one-third of the length of a wall which faces an interior side lot line, or more than two-thirds of the length of a wall which faces a street or a rear lot line.

• B. Covered Porch. In determining coverage, one-half of the roofed area of a Covered Porch shall be excluded. Covered Porch is defined in Section 1.12.108 Definitions.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3)

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----- Start of picture text -----
RD, RS, RS-40, RS-VP RO
Lots Less than 50% + 450 sf if a garage exists; 50% + 500 sf if a garage exists;
5,000 sf Maximum livable area = 2,500 sf Maximum livable area = 4,000 sf
Lots 5,001 – 8,000 50% + 500 sf if a garage exists;
sf Maximum livable area = 4,000 sf
Lots more than 50% for first 5,000 sf, then 30% 50% for first 5,000 sf, then 30% for
8,000 sf for area > 5,000—10,000 sf, then area > 5,000—10,000 sf, then 10%
10% for area >10,000 sf; for area >10,000 sf;
+ 500 sf if 2-car garage exists or + 500 sf/unit if a garage exists;
750 sf if 3 or more car garage Livable area >6,000 sf
exists; cumulatively for the entire site
Livable area >4,000 sf for any would require Major Site Plan
single structure would require Review approval
Major Site Plan Review approval
----- End of picture text -----

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City of San Leandro, CA § 2.04.332

SAN LEANDRO CODE

§ 2.04.336

• A. Calculation of Floor Area, Single Family Dwelling. The floor area of a single-family dwelling shall be calculated as follows:

  1. The floor area shall include the total horizontal area of each floor within the exterior walls of the building(s) that comprise the primary residence, include any enclosed space with a seven foot or greater ceiling height, and as measured at the exterior face of the enclosing walls. The calculated floor area shall be doubled for that portion of interior space with an interior ceiling height of 15 feet or greater.

  2. The floor area shall exclude:

     • a. Garages, carports and accessory buildings other than accessory dwelling units. Accessory dwelling units are included in the calculation of floor area;

     • b. Portions of attics and lofts which have less than a seven-foot ceiling height, see definition of "Attic" in Section 1.12.108 Definitions;

     • c. Basements, unless any part of the basement is seven feet six inches or higher, then all areas greater than five feet in height shall count as area for floor area ratio calculations, see definition of "Basement" in Section 1.12.108 Definitions; and

     • d. A balcony, porch, deck or other structure where at least one of the longest dimensions is completely unenclosed.

• B. Exceptions to the Maximum FAR may be allowed subject to the approval of Major Site Plan Review.

(Ord. 2007-001 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3)

In addition to the development regulations listed above, the following regulations shall apply:

• A. All Multi-Family Residential Development shall be subject to the regulations of Sectio 4.04.336 Multi-Family and Mixed-Use Residential Development.

• B. Fences and Walls shall be subject to the regulations of Section 4.04.364 Fences, Walls, and Hedges.

• C. Off-Street Parking and Loading shall be subject to the regulations of Chapter 4.08 OffStreet Parking and Loading Regulations.

• D. Signs shall be subject to the regulations of Chapter 4.12 Signs.

• E. Outdoor Facilities shall be subject to the regulations of Section 4.04.324 Outdoor Facilities and Storage/Loading Facilities.

• F. Screening of Mechanical Equipment shall be subject to the regulations of Section 4.04.328 Screening of Mechanical Equipment.

• G. Refuse Storage Areas shall be subject to the regulations of Section 4.04.332 Refuse Storage Areas.

• H. Underground Utilities shall be subject to the regulations of Section 4.04.400 Underground

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City of San Leandro, CA

BASE DISTRICT REGULATIONS

§ 2.04.336

§ 2.04.344

Utilities.

• I. Performance Standards shall be subject to the regulations of Section 4.04.340 Performance Standards.

• J. Nonconforming Structures shall be subject to the regulations of Chapter 4.20 Nonconforming Uses and Structures.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3; Ord. 2022-022 § 3)

• A. RS Districts - Abutting Nonconforming Front Yard Setbacks. Where two or more lots on the same side of a street between intersecting streets, or between an intersecting street and cul-de-sac, have front yards less than what is required for the district, the following shall apply: The front yard for a dwelling hereafter erected or altered shall not be required to be greater than the average of the two abutting lots sharing a common side lot line. When an abutting lot is vacant, the required front yard setback shall be used in calculating the average. Where only one other lot has a common side lot line with the building site, the front yard may be reduced to match this adjoining lot. However, in no case shall a front yard setback be reduced to less than ten feet.

• B. R Districts - Religious Assembly Yard Requirements. Yards, height and bulk, and buffering requirements shall be as specified by a use permit, provided that, where adjacent to a building site in an R district, the minimum interior side yard shall be 15 feet and the minimum rear yard shall be 20 feet. Yards adjoining street property lines shall not be less than required for a permitted use.

• C. R Districts - Alley Setback. The width of a required interior side or rear yard adjoining an alley may be reduced to five feet.

• D. RS Districts - Rear Yard Requirement Exception. The required depth of the rear yard is 15 feet. However, if there is an open space on the site, exclusive of the required front yard, containing 400 square feet and a minimum dimension of 15 feet, the depth of the rear yard may be reduced to ten feet. At the discretion of the Zoning Enforcement Official, such reductions may also require an exception to the Daylight Plane requirements as outlined in Section 2.04.324 Daylight Planes in R Districts.

• E. RM District - Single-Family and Two-Family Development. The side and rear yard of a single-family home in a RM District shall be the same as those setbacks required in the RS District. The side and rear yard of a two-family home in a RM District shall be the same as those setbacks required in the RD District.

• F. Zero-Side Yard Development. In zero-side yard development, required side setbacks apply to the ends of rows of attached units.

• G. R Districts - Extension of Existing Building Line. An Administrative Exception per Chapter 5.06 may be approved to allow an extension of the existing building line of a single-family residence, which legally projects into a required yard area of the applicable R District.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3; Ord. 2022-022 § 3)

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City of San Leandro, CA § 2.04.344

SAN LEANDRO CODE

§ 2.04.348

An unenclosed swimming pool, hot tub and related equipment may occupy a required rear yard or side yard but shall not be within five feet of an interior property line or within ten feet of a street property line.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

• A. Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction.

• B. Location. Except as provided in this subsection, accessory structures shall not occupy a required front or corner side yard or court or project beyond the front building line of the principal structure on a site. No accessory uses shall be permitted off site. Accessory structures must maintain a six foot separation from other structures on the lot.

• C. Maximum Area and Coverage.

  1. The coverage of accessory structures on the lot shall be part of the 50 percent total lot coverage allowed in the RS, RD, and RM-3000 Districts. Accessory structures in the RM-2500 and RM-2000 Districts shall meet the total lot coverage requirement of 60 percent and accessory structures in the RM-1800 District shall meet the total lot coverage requirement of 70 percent.

  2. No single structure, excluding accessory dwelling units as regulated by Section 2.04.388 Accessory Dwelling Units (ADUs), shall occupy more than 500 square feet.

  3. Structures that are not required to obtain a building permit under the San Leandro Building Code and which are not over eight feet in height and under 120 square feet shall be exempt from the lot coverage requirement.

  4. In determining coverage, one-half of the roofed area of a building open on at least two sides shall be excluded.

  5. The Zoning Enforcement Official may approve an Administrative Exception, per Section 2.04.400 Administrative Exceptions, to allow exceptions to these provisions, or refer the matter to the Planning Commission for a Conditional Use Permit.

• D. Maximum Height and Minimum Setbacks.

  1. Accessory Structures shall have the following maximum height and minimum setbacks. Maximum height is defined in Section 1.12.108 Definitions of this Zoning Code.

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----- Start of picture text -----
Maximum Height Minimum Setback
8 feet and 120 square feet or less and not required to obtain a 0 feet
building permit under the City of San Leandro Building Code
Greater than 8 feet up to 12 feet 3 feet
Greater than 12 feet up to 15 feet 5 feet
----- End of picture text -----

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City of San Leandro, CA

BASE DISTRICT REGULATIONS

§ 2.04.348

§ 2.04.380

2. The Zoning Enforcement Official may approve an Administrative Exception, per Section 2.04.400 Administrative Exceptions, to allow exception to these provisions, or refer the matter to the Planning Commission for a Conditional Use Permit.

• E. Residential Garage Doors in Accessory Structures. The following standards apply only to garage doors for single-family homes, duplexes, and small apartment and condominium complexes giving access to not more than three parking spaces either side-by-side or in tandem:

1. The vehicle access opening shall not have a height in excess of seven and one-half feet;

   2. The entire opening shall be covered by a solid or sectional overhead door constructed of wood, metal, or fiberglass;

   3. The door shall be painted, stained, or treated to match the exterior of the residential structure.

Any door that does not comply with the above standards shall be approved by the Zoning Enforcement Official prior to installation. In reviewing the proposed door, the Zoning Enforcement Official shall find that the door has an appearance that is consistent with the home on which it is installed and with other homes in the vicinity and does not detract from the residential appearance of the neighborhood.

(Ord. 2001-015 § 1; Ord. 2012-001 § 3; Ord. 2017-003 § 4; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024)

In matters where a difference between this Zoning Code and the latest version of the 1961 Zoning Code occurs in interpreting property development issues in the RO District, the latest version of the 1961 Zoning Code shall apply.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

For lots exceeding 60 feet in width, the following additional setback and lot coverage requirements apply:

• A. Side yards shall be 10 percent of lot width up to a maximum of 12 feet.

• B. Rear yards shall be 10 feet or 10 percent of lot depth, whichever is greater, up to a maximum of 25 feet.

• C. On the rear one-quarter of a lot where the rear yard abuts the front yard of another, the side yard shall be not less than 20 feet wide.

• D. The total lot coverage, calculated as explained in the definition of lot coverage, shall not exceed one-third (of the area of the lot). Where animals are housed in tiers, three-fourths of the area of each tier above the first shall be counted as additional lot coverage.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

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City of San Leandro, CA

SAN LEANDRO CODE

§ 2.04.380

§ 2.04.388

Accessory buildings may be placed on any part of the lot except within 60 feet of the front lot line, but shall not be located within 15 feet of a dwelling or within 10 feet of another accessory building. In the case of a corner lot, where the rear yard abuts the front yard of another lot, no accessory building shall project beyond the front setback required on such other lot. Accessory buildings may not exceed 15 feet in height. Accessory structures shall not occupy more than 40 percent of the required rear or side yard area in the aggregate, and no single structure may occupy more than 30 percent of the required yard areas. In determining coverage, one-half of the roofed area of a building open on at least two sides shall be excluded. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

• A. Minimum Lot Size and Minimum Area for Each Unit.

  1. One additional single-family dwelling may occupy a lot having an area of 12,000 square feet or greater; or

  2. One additional two-family dwelling may occupy a lot having an area of 14,000 square feet or greater; and

  3. On lots larger than 14,000 square feet, the number of additional dwellings permitted shall be based upon a requirement of 7,000 square feet for the first single dwelling, 5,000 square feet additional for each additional single-family dwelling, and 7,000 square feet additional for each additional two-family dwelling.

• B. Minimum Setback and Separation Requirements.

  1. No additional dwelling shall be less than 20 feet from any other dwelling, nor from a side lot line toward which it faces, nor less than 10 feet from any other side lot line.

  2. No additional dwelling shall be less than 60 feet from the front lot line nor less than 25 feet from the rear lot line.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

This section is intended to implement Government Code Sections 65852.1, 65852.2, and 65852.22 et seq., by allowing the creation of accessory dwelling units (ADUs) and/or junior accessory dwelling units (JADUs) through ministerial review subject to meeting the criteria defined below.

• A. Location and Number Permitted. Subject to meeting the regulations of this section, ADUs and/or JADUs shall be allowed on a parcel in the following locations and quantities:

Type Total Number of Units A Parcel with an Existing or Proposed Single-Family Use (both of the following are permitted) Repurposed ADU, Maximum of 1 ADU is permitted. Detached ADU, or Attached ADU

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City of San Leandro, CA

BASE DISTRICT REGULATIONS

§ 2.04.388

§ 2.04.388

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----- Start of picture text -----
Type Total Number of Units
JADU Maximum of 1 JADU is permitted.
A Parcel with an Existing Two-Family or Multi-Family Use
(both of the following are permitted)
Repurposed ADU • Minimum of 1 ADU is permitted.
• Maximum number of units not to exceed 25 percent of the
number of legally established dwelling units on a parcel.
• Limited to non-habitable portions of the existing dwelling
structure(s).
• A fraction of 0.5 or more is rounded up and a fraction that is
less than 0.5 is disregarded.
Detached ADU • Maximum of 2 detached ADUs are permitted.
• The two ADUs are permitted to be attached to one another,
but shall be detached from all existing structure(s).
----- End of picture text -----

1. ADUs and JADUs do not count toward the maximum density established by the zoning district in which the property is located.

• B. Unit Size. ADUs and JADUs shall not exceed the maximum floor area established below.

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----- Start of picture text -----
Type Maximum Floor Area
A Parcel with an Existing or Proposed Single-Family Use
Repurposed ADU, The greater of:
Detached ADU, • 800 square feet; or
Attached ADU • 850 square feet, or 1,000 square feet if two or more
bedrooms, subject to Subsection B.1 below; or
• 50% of the total floor area of the primary dwelling, not to
exceed 1,200 square feet, subject to Subsection B.1 below.
JADU 500 square feet, excluding any shared sanitation facility with
the primary dwelling.
A Parcel with an Existing Two-Family or Multi-Family Use
Repurposed ADU 1,200 square feet
Detached ADU The greater of:
• 800 square feet; or
• 850 square feet, or 1,000 square feet if two or more
bedrooms, subject to Subsection B.1 below.
----- End of picture text -----

1. An ADU greater than 800 square feet is required to comply with the maximum lot coverage, floor area ratio (FAR), and minimum open space requirements established by the zoning district in which the property is located, with the exception of repurposed ADUs on a two-family or multi-family parcel.

2. On a parcel with an existing single-family dwelling, the existing structure may be expanded by up to 150 square feet to accommodate ingress and egress for a repurposed ADU, subject to Subsection B.1 above.

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City of San Leandro, CA

SAN LEANDRO CODE

§ 2.04.388

§ 2.04.388

3. An ADU or JADU shall be a minimum of 150 square feet or the size necessary to accommodate an efficiency unit as defined in Sections 18007 and 17958.1 of the Health and Safety Code, whichever is greater.

• C.

Setbacks and Separation.

1. Minimum four-foot side and rear yard setbacks are required for all attached and detached ADUs.

2. Detached ADUs shall maintain a minimum five-foot separation from other structures on the parcel.

3. ADUs shall not occupy a required front yard and shall be subject to the driveway visibility requirements of Section 4.08.148 Driveways—Visibility.

4. No setbacks are required for the repurposed portions of an ADU. Any expanded portions of a repurposed ADU shall comply with Subsections C.1 and C.2 above.

• D. Height. Notwithstanding the definition of "Height" in Section 1.12.108 Definitions, ADUs and JADUs shall not exceed the heights established below as measured from the finished adjacent ground level to the highest point on the finished roof.

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----- Start of picture text -----
Type Maximum Height
A Parcel with an Existing or Proposed Single-Family Use
Repurposed ADU Same as existing structure
Detached ADU 16 feet on a lot with an existing or proposed single-family or
multi-family dwelling unit
18 feet on a lot with an existing or proposed single-family or
multi-family dwelling unit within one-half mile of a major
transit stop or high-quality transit corridor, as defined in Public
Resources Code Sections 21064.3 and 2115, except that an
additional two feet in height shall be permitted to
accommodate a roof pitch that is aligned with the roof pitch of
the primary dwelling unit.
18 feet for a detached accessory dwelling unit on a lot with an
existing or proposed multi-family, multistory dwelling
Attached ADU Maximum height as established by zoning district or 25 feet,
whichever is lower. The ADU may project one foot laterally
into the required daylight plane.
JADU Same as existing single-family dwelling
A Parcel with an Existing Two-Family or Multi-Family Use
Repurposed ADU Same as existing structure
Detached ADU 16 feet
----- End of picture text -----

• E. Parking. No parking spaces shall be required for an ADU or JADU. No replacement parking spaces shall be required when a garage, carport, or parking structure is repurposed as an ADU.

• F. Entrance. An ADU or a JADU shall include its own entrance, separate from the main

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City of San Leandro, CA

BASE DISTRICT REGULATIONS

§ 2.04.388

§ 2.04.392

entrance to the primary dwelling structure(s). An exterior stairway proposed to serve an ADU and/or JADU on a second story or higher shall not be visible from the front public right-of-way.

• G. Design Standards. Attached and/or repurposed ADUs shall incorporate the same roof and exterior wall material, building color(s), door and window trim, and predominate roof form and pitch as the primary dwelling structure. Repurposed garages shall replace garage doors with the same exterior wall material, building color, and door and window trim as the primary dwelling structure.

• H. No Balconies/Decks. ADUs shall not contain balconies, upper-story decks, or rooftop terraces.

• I. No Short-Term Rental. ADUs and JADUs shall not be rented for terms of 30 days or less.

• J. Occupancy. Owner-occupancy shall not be required.

• K. Sale. Neither the ADU nor the JADU shall be sold separately from the primary structure.

• L. Review and Approval Authority. Application for an ADU and/or JADU shall be subject to ministerial building permit review and approval within 60 days of submission of a complete application. However, if an application to create an ADU or JADU is submitted with an application that requires discretionary review, a building permit shall not be issued for the ADU or JADU until the discretionary approval(s) have first been granted and any appeal period(s) has/have passed.

• (Ord. 2001-015 § 1; Ord. 2003-010 § 1; Ord. 2012-013 § 3; Ord. 2017-003 § 4; Ord. 2020-002 § 4; Ord. 2022-022 § 3)

• A. Purpose. It is the intent of the City to provide opportunities for the placement of manufactured homes in R districts, consistent with state law, and to ensure that such manufactured homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.

• B. General Requirements. Manufactured homes may be used for residential purposes if such manufactured homes have been granted a Certificate of Compatibility and are located in an R district.

• C. Requirements for Certificates of Compatibility. Manufactured homes may be located in any R district where a single-family detached dwelling is permitted, subject to the same restrictions on density and to the same property development regulations, provided that such manufactured home receives a Certificate of Compatibility. The Zoning Enforcement Official shall issue a certificate of compatibility if the manufactured home complies with all development regulations of the zoning district and if the Zoning Enforcement Official determines that the manufactured home is compatible with surrounding development. In considering compatibility, the Zoning Enforcement Official shall consider only roof overhang, roofing material, siding material and roof design.

• D. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of said manufactured home with the State of California shall be canceled, pursuant to state laws and regulations. Before any occupancy

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City of San Leandro, CA

SAN LEANDRO CODE

§ 2.04.392

§ 2.04.396

certificate may be issued for use of such a manufactured home, the owner shall provide to the Building Official satisfactory evidence showing: that the state registration of the manufactured home has been or will, with certainty, be canceled; if the manufactured home is new and has never been registered with the state, the owner shall provide the Building Official with a statement to that effect from the dealer selling the home.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

The following supplemental development regulations shall apply to Manufactured Home Parks.

• A. Occupancy—Minimum Lot Size (excluding interior access drives).

  1. A manufactured home not more than 12 feet in width containing one unit: 2,400 square feet.

  2. A manufactured home more than 12 feet in width containing one unit: 3,000 square feet.

  3. A manufactured home containing more than one dwelling unit: 1,500 square feet per dwelling unit.

• B. Maximum Density. Twelve manufactured homes per acre.

• C. Minimum Perimeter Setbacks. Fifteen feet from perimeter property line of manufactured home park.

• D. Minimum Interior Setbacks for Homes.

  1. From an interior street: Five feet.

  2. From any required screening wall or earth berm: Five feet.

  3. From a common utilities area or recreational area: Six feet.

  4. Between homes: Ten feet.

• E. Maximum Height. Fifteen feet, except for recreation facilities, which may be 20 feet high.

• F. Screening.

  1. Abutting Public Street. A six foot high solid wall or fence shall be installed and maintained along the entire front setback area except for the areas required for vehicular access in which case the wall must be sufficiently lowered for a long enough distance to assure adequate sight distance for the expected speed of traffic.

  2. Interior Property Lines. A six-foot high solid wall or fence shall be installed and maintained on interior property lines.

• G. Landscaping. At least 35 percent of the site area shall be landscaped, and a landscape plan shall be prepared consistent with Section 4.16.108 Landscaping Plans Required.

• H. Recreation Area Required. At least 100 square feet of recreation area shall be provided for each home. Such recreation area shall include:

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City of San Leandro, CA

BASE DISTRICT REGULATIONS

§ 2.04.396

§ 2.04.396

1. Outdoor Recreation Space. Areas for games and activities such as shuffleboard, horse-shoes, putting greens and swimming pools.

2. Clubhouse Space. Areas for indoor activities such as reading and games, rest rooms, show facilities, and cooking facilities.

No recreation area shall be permitted within 100 feet of the perimeter property line.

• I. Outdoor Facilities. Central trash collection and storage areas shall be provided.

• J. Storage Area. Common storage areas shall be provided, within an area enclosed by a wall or screen fence, for the residents of the manufactured home park for the storage of recreational vehicles, trailers, travel trailers, and other licensed or unlicensed vehicles. This area shall total not less than 50 square feet for each manufactured home lot.

• K. Internal Circulation. Internal street widths shall be:

Twenty-five feet if no parking is permitted;

Thirty-three feet if parallel parking on one side is permitted;

Forty feet if parallel parking on two sides is permitted.

Each park shall have a main access point with a minimum traveled way width of 40 feet, and at least one secondary or emergency access approved by the Police Chief and Fire Chief if only one main access is provided. The main access shall be located on a collector or higher rated roadway as identified in the Master Plan of City Streets and shall conform to City standards for allowable access parking.

• L. Modification of Standards. Modification to the standards of this section may be granted by the Planning Commission following a public hearing when the applicant can clearly show that the proposed manufactured home park will provide for, and be permanently maintained for, low- and moderate-income housing.

• M. Application to Existing Manufactured Home Parks. Manufactured home parks existing on the effective date of the ordinance adopting this section shall be exempt from the requirements of this section.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024)

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City of San Leandro, CA

Article 3 Administrative Regulations

• A. Standards for Which an Administrative Exception May be Approved. An Administrative Exception per Chapter 5.06 may be approved to allow exceptions to development regulations as specifically identified in any section of this Chapter.

• (Ord. 2001-015 § 1; Ord. 2007-001 § 1; Ord. 2012-001 § 3; Ord. 2013-006 § 3; Ord. 2020-002 § 4; Ord. 2022-001 § 3; Ord. 2022-022 § 3)

• A. Applicability. Site plan approval pursuant to Chapter 5.12 Site Plan Approval is required prior to issuance of a building permit for the following improvements:

  1. RD and RM Districts.

     • a. Administrative Site Plan Review. In the RD and RM Districts, Administrative Site Plan Review per Chapter 5.12, Site Plan Review is required for all proposed development which would either:

       • i. Result in an additional dwelling unit, excluding an accessory dwelling unit meeting all requirements of Section 2.04.388 Accessory Dwelling Units (ADUs); or

       • ii. Result in an addition or partial demolition with reconstruction, resulting in a net enlargement to the existing structure that will be greater in size than both: 2,500 square feet and 50 percent of the gross floor area of the existing development; or

       • iii. Result in a new freestanding structure, such as a carport or garage, greater in size than 2,500 square feet; or

       • iv. Create or increase the square footage of a second or third story.

  2. RO, RS and RS-40 Districts.

     • a. MAJOR Site Plan Review. In the RO, RS, and RS-40 Districts, Major Site Plan Review per Chapter 5.12, Site Plan Review is required for all proposed development which would:

       • i. Result in either a new and/or enlarged single-family home, on an existing parcel, which would either:

         • (A) Result in a home with floor area greater than 4,000 square feet (also applicable to multiple units on a single parcel in the RO district, with a cumulative floor area greater than 6,000 square feet); or

         • (B) Result in an addition that exceeds 100 percent of the existing home's floor area (i.e., more than doubles the floor area of the existing home), and/or exceeds the maximum floor area ratio (FAR) established for the parcel; or

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City of San Leandro, CA

BASE DISTRICT REGULATIONS

§ 2.04.404

§ 2.04.404

     - (C) Result in a three-story home, or increase the square footage of a third story. 

     - (D) Result in a new and/or enlarged two-family dwelling which would either: 

        - (1) Result in an additional dwelling unit, excluding an accessory dwelling unit meeting all requirements of Section 2.04.388 Accessory Dwelling Units (ADUs), or 

        - (2) Result in an addition or partial demolition with reconstruction, resulting in a net enlargement to the existing structure that will be greater in size than both: 2,500 square feet and 50 percent of the gross floor area of the existing development, or 

        - (3) Result in a new freestanding structure, such as a carport or garage, greater in size than 2,500 square feet, or 

        - (4) Create or increase the square footage of a second or third story. 

• b. MINOR Site Plan Review. In the RO, RS, and RS-40 Districts, Major Site Plan Review per Chapter 5.12, Site Plan Review is required for all of the following proposed development that is not otherwise subject to Major Site Plan Review pursuant to Subsection a above:

  • i. A new two-story home; or

• ii. An addition that creates a new second story; or

  - iii. An addition that increases the square footage of an existing second story.
  

3. RS-VP District.

   • a. MAJOR Site Plan Review. In the RS-VP District, Major Site Plan Review per Chapter 5.12, Site Plan Review is required for all of the following proposed development which would:

     • i. Result in a new single-family home; or

     • ii. Result in any addition, including attached accessory structures or garages, containing 250 square feet or more, or results in a home with floor area greater than 4,000 square feet.

   • b. MINOR Site Plan Review. In the RS-VP District, Minor Site Plan Review per Chapter 5.12, Site Plan Review is required for all of the following proposed development that is not otherwise subject to Major Site Plan Review pursuant to Subsection a above:

     • i. Any addition or structure requiring a building permit, including accessory structures and garages;

     • ii. Outdoor features such as gazebos, trellises, and other architectural/ landscape elements that are more than 120 square feet in size, and/or ten feet or more in height.

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City of San Leandro, CA

SAN LEANDRO CODE

§ 2.04.404

§ 2.04.404

• c. Simulation of Proposed Construction Required. Simulation consistent with the following shall be provided for all Site Plan Review in the RS-VP District.

  • i. Methods of Simulation to be Used. "Story poles" shall be erected to simulate height and mass of the proposed construction project. Poles shall be placed at all exterior corners of the proposed structure, and to illustrate the height of the tallest proposed roof ridge. Additional visual aids, including, but not limited to, photo montages or computer simulations, may be required by the Zoning Enforcement Official if it is found that such additional documentation is necessary to determine the impacts the proposed construction will have on neighbors' existing views. The Zoning Enforcement Official may also waive the requirement for a simulation upon determining that the project has a low probability of impacting existing views.

  • ii. Simulations Must be Installed Prior to Action on Applications. Applicants must install the required story poles not less than ten days before a scheduled public hearing or date of action on the Site Plan Review application.

• iii. Simulations to be Retained During Appeals. Applicants shall not remove the story poles until the 15-day appeal period has passed. If an appeal is filed, the poles are not to be removed until action is taken on the appeal, and any subsequent administrative appeal period has passed.

• (Ord. 2001-015 § 1; Ord. 2017-003 § 4; Ord. 2020-002 § 4; Ord. 2022-001 § 3)

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City of San Leandro, CA