Chapter VII — Raising of Chickens — San Ramon Zoning Code

D4-72 – Purpose

This Chapter provides standards for the raising of chickens (hens only, roosters are prohibited) for personal and non-commercial purposes within applicable residential properties. Standards for the raising of chickens for commercial purposes are not included in this Chapter and are defined as “Animal Husbandry”.

D4-73 – Applicability and Standards

A. Permitted Areas. The raising of chickens is permitted within residential properties with a lot size of 6,000 square feet or greater and have direct access to a private yard.
B. Number of Hens. Up to five (5) hens may be allowed.
C. Chicken Coop. A chicken coop or a structure for housing chickens shall meet the following standards:
1. A chicken coop shall be located in the backyard and shall meet the minimum required setback of the primary residence. See Figure 4-1 for an example chicken coop area.
2. The maximum height of a chicken coop shall be no taller than six (6) feet.
3. A chicken coop shall be:
  - a. Thoroughly ventilated and fully enclosed with a solid roof; and
  - b. Designed and constructed in a manner that the flock can be securely contained; and

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If a chicken coop or a structure for housing chickens is over four (4) feet in height, whether it is an individual structure or an integral part of other structures, the floor area of such a structure for housing chickens is subject to Zoning Ordinance section D4-26.E.1 (Maximum total floor area of accessory structures).

Figure 4-1 – Example Chicken Coop Area

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D4-74 through D4-75 – Reserved

Chapter VIII – Density Bonus

Contents:

D4-76 – Purpose D4-77 – Definitions D4-78 – Process and Applicability D4-79 – Application Requirements D4-80 – Density Bonus Housing Agreement D4-81 through D4-84 – Reserved

D4-76 – Purpose

The purpose of this Chapter is to implement the requirements of Government Code 65915 et seq. (“State Density Bonus Law”) by offering density bonuses, incentives, concessions or waivers for the development of housing that is affordable to the types of households and qualifying residents identified in Government Code Section 65915.

(Ord. No. 522, § 6, 12/12/2023)

Effective on: 1/11/2024

D4-77 – Definitions

Unless otherwise specified in this Chapter, the definitions found in State Density Bonus Law shall apply to the terms contained herein.

D4-78 – Process and Applicability

A. General. All proposed housing developments that qualify under California Government Code § 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code § 65915 shall be eligible to apply for a density bonus (including incentives and/or

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concessions) consistent with the requirements, provisions and obligations set forth in California Government Code § 65915, as it may be amended from time to time.In accordance with State law, neither the granting of an incentive, concession, and/or waiver, nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning amendment, variance, or other discretionary approval.

B. Compliance. The applicant shall comply with all requirements stated in California Government Code §§ 65915 through 65918. The requirements of California Government Code §§ 65915 through 65918, and any amendments thereto, shall prevail over any conflicting provision of this Code.
C. Excluded development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under California Government Code §65915.
D. Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of California Government Code § 65915. Any changes to California Government Code § 65915 shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this Article conflicts with State Density Bonus Law or other applicable State law, State law shall supersede this Section. Any ambiguities in this Section shall be interpreted to be consistent with State Density Bonus Law.
E. Replacement Housing Requirement. Pursuant to subdivision (c)(3) of California Government Code § 65915, an applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein.
F. Permitting Authority. Subject to the provisions of Division D7 (Zoning Ordinance Administration), of the Zoning Ordinance, application for a density bonus, incentive(s), concession(s), and/or waiver(s) shall be considered by and acted upon by the decision-making body with authority to approve the housing development.

(Ord. No. 522, § 6, 12/12/2023)

Effective on: 1/11/2024

D4-79 – Application Requirements

A. Written Application. Applicants requesting a density bonus, incentive(s), concession(s) and/or waiver(s) shall provide the City with a written density bonus proposal. The proposal shall be processed in conjunction with the underlying application(s) and reviewed for compliance with State Density Bonus Law.
B. Submittal Requirements . The proposal for a density bonus, incentive(s), concession(s) and/or waiver(s) pursuant to State Density Bonus Law shall include the following information:
1. Requested density bonus . A description of the requested density bonus including calculations showing the maximum base density, the number/percentage of market rate and affordable units and identification of the income level at which such units will be restricted pursuant to State Density Bonus Law, proposed unit sizes and number of bedrooms, and the proposed method of ensuring the continued availability of density bonus units.

ription of the requested density bonus including calculations showing the maximum base density, the number/percentage of market rate and affordable units and identification of the income level at which such units will be restricted pursuant to State Density Bonus Law, proposed unit sizes and number of bedrooms, and the proposed method of ensuring the continued availability of density bonus units.

Requested incentive(s) or concession(s). A description of the requested incentive(s) or concession(s) including the number of incentive(s) or concession(s) allowed pursuant to State Density Bonus Law.
Requested waiver(s). The written proposal shall include an explanation of the waiver(s) or reduction of development standards requested and why they are necessary to make the construction of the project physically possible.

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Parking. The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with California Government Code § 65915(p), as that section may be amended from time to time.
Physical Constraints. Except as restricted by California Government Code § 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that:
- a. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;
- b. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of § 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
- c. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or
- d. The waiver or reduction of the development standard would be contrary to state or federal law.
Fee. Payment of the processing fee in an amount set by resolution of the City Council to reimburse the City for staff time spent reviewing and processing the density bonus application submitted pursuant to this Chapter.

(Ord. No. 522, § 6, 12/12/2023)

Effective on: 1/11/2024

D4-80 – Density Bonus Housing Agreement

A. Density Bonus Housing Agreement. For all housing projects receiving a density bonus, incentive(s), concession(s) and/or waiver(s) under this Chapter, a density bonus housing agreement shall be entered into by the City and applicant/property owner. The density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this Chapter and shall be recorded as a deed restriction on any parcel on which the residential units will be constructed.
B. Recording of Agreement. The density bonus housing agreement shall be recorded prior to the final or parcel map approval, or, where a map is not being processed, prior to the issuance of a building permit for any structure in the housing development.

The agreement shall run with the land and be binding on all future owners and successors.

C. Contents of Agreement. The density bonus housing agreement shall include, but is not limited to the following:
1. A description of the development, including the total number of units, the number of affordable units, the tenure of the affordable units, the size in square footage and location of affordable units;
2. The term of the agreement and the terms of affordability of the required units in accordance with State Density Bonus Law;

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A schedule for completion and occupancy of the affordable housing units in accordance with State Density Bonus Law;
A description of any incentives, concessions, waivers, or modifications of development standards being provided by the City;
Provisions to ensure each affordable unit be kept available only to members of the identified income group at the maximum affordable rent or sales price during the term of the agreement; and
Provisions to ensure implementation and compliance with this Chapter

Effective on: 1/11/2024