Chapter 18.08 — RESIDENTIAL DISTRICTS

The medium-density residential (RM) zoning district is applicable to parcels, where dwellings developed in the 10.1 to 20 dwelling units per gross acre range, are the primary land use. Residential dwelling types in the RM district may include single-family detached dwellings on small lots, two-family dwellings (duplexes or duets), townhomes (attached and detached), multi-family apartments and condominiums, and other dwellings within the specified density and intensity range, as identified in Section 18.08.050. Other residential uses, as well as secondary, public/quasi-public, and other uses may be permitted in this zone, as defined in Table 18.08.02, "Allowable Uses in Residential Zones." The RM zone is consistent with the medium-density residential land use designation in the general plan.

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(Ord. No. 743, § 3, 3-21-2017)

18.08.030 - High-density residential 1 (RH1).

The high-density residential 1 (RH1) zoning district is applicable to parcels, where dwellings developed in the 20.1 to 30 dwelling units per gross acre range, are the primary land use. Dwelling types in the RH district may include multi-family dwellings in a variety of formats, including attached townhomes and garden court formats, and representing surface and tuck-under parking arrangements. Other dwelling types within the specified density range and meeting the standards, identified in Section 18.08.050, may be included in this zone. Nonresidential uses may be permitted, as indicated in Table 18.08.02, "Allowable Uses in Residential Zones." The RH1 zone is consistent with the high-density residential land use designation in the general plan.

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(Ord. No. 743, § 3, 3-21-2017)

The high-density residential 2 (RH2) zoning district is applicable to parcels, where dwellings developed in the 20.1 to 45 dwelling units per gross acre range, are the primary land use. Dwelling types in the RH2 district may include multi-family dwellings in a variety of formats, including townhomes and garden court apartments, with surface, tuck-under, and podium parking arrangements. Other dwelling types within the specified density range and meeting the standards, identified in Section 18.08.050, may be included in this zone. Nonresidential uses may be permitted, as indicated in Table 18.08.02, "Allowable Uses in Residential Zones." The RH2 zone is consistent with the high-density residential land use designation in the general plan.

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(Ord. No. 743, § 3, 3-21-2017)

18.08.050 - Residential mixed use (RMU).

The residential mixed use (RMU) zoning district is applicable to parcels, where a variety of residential dwelling types and complementary nonresidential uses are desired in proximity. Dwellings in the RMU zone will be developed in the 10 to 45 dwelling units per gross acre range and nonresidential intensities within the 0.3 to 1.0 floor area ratio range, with residential uses as the primary use and nonresidential as a secondary use. Nonresidential uses are not required on any given parcel, but are permitted on the ground floor to increase the likelihood of their economic viability and contribute to the goods and services available to the neighborhood. All uses must meet density and intensity standards in Section 18.08.050. The RMU zone is consistent with the mixed use land use designation in the general plan.

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(Ord. No. 743, § 3, 3-21-2017)

18.08.060 - Densities and intensities in residential zones.

Table 18.08.01, "Densities and Intensities in Residential Zones" shows the minimum and maximum buildout possible in each residential zone.

Table 18.08.01 Densities and Intensities in Residential Zones

RMU 10 — 45 du/ac 0.3 to 1.0 Mixed Use

Key RL Low-Density Residential RM Medium-Density Residential RH1 High-Density Residential 1 RH2 High-Density Residential RMU Residential Mixed-Use

1 Per the city's housing element

Note: Notwithstanding any other provision of this chapter (or Code), all development shall be consistent with the adopted current version of the Travis Air Force Base Land Use Compatibility Plan, which as of writing of this document is the one adopted on October 8, 2015 (Resolution 15-17).

(Ord. No. 743, § 3, 3-21-2017)

Table 18.08.02 identifies the residential and nonresidential land uses allowed in residential zoning districts in the city. Uses not listed here, but consistent with the character and density and intensity of zoning districts, defined in Sections 18.08.010 through 18.08.040, may be permitted through the administrative review process.

Table 18.08.02 Allowable Uses in Residential Zones

Commercial

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 809, § 1, 8-20-2024)

The purpose of this section is to facilitate the development of new residential housing units consistent with the provisions of state law as reflected in Government Code Sections 65585, 65852.21, and 66411.7 et seq., and to establish an application and approval process for two unit SB 9 projects. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail.

A.

A Two unit SB 9 project (meaning two attached or detached units on a property, as described further, below) shall be ministerially approved by staff if it meets all the following requirements:

1.

The parcel is located within the low-density residential (RL) or medium-density residential (RM) zoning district or in a Specific Plan on property intended for residential development.

2.

The parcel is not located in any of the following:

a.

Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by an approved local ballot measure.

b.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, part 660 FW 2 (June 21, 1993).

c.

Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. This subparagraph does not apply to sites excluded from the specified hazard zones by the city, pursuant to subdivision (b) of Section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

d.

A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Heath and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

e.

Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5, commencing with Section 18901, of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

f.

Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfied this subparagraph, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met (1) the site has been subject to a letter of map revision prepared by FEMA and issued to the city; or (2) the site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter 1 of Title 44 of the Code of Federal Regulations.

g.

Within a regulatory floodway as determined by FEMA in any official maps published by FEMA, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the

Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.

h.

Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10, commencing with Section 2800, of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

i.

Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec 1531 et seq.), the California Endangered Species Act (Chapter 1.5, commencing with Section 2050n, of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10, commencing with Section 1900, of Division 2 of the Fish and Game Code).

j.

Lands under conservation easement.

3.

The two unit SB 9 project application would not require demolition or alteration of any of the following types of housing:

a.

Housing subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c.

Housing that has been occupied by a tenant in the last three years.

4.

The parcel is not a parcel on which an owner of residential real property has exercised the ownership rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the applicant submits an SB 9 application.

5.

The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city landmark or historic property or district by local ordinance.

6.

The two unit SB 9 project meets all other requirements of this section.

B.

A two unit SB 9 project shall be processed consistent with Section 18.76.020—Administrative site plan review required.

1.

Within 60 days of submittal of a complete application, the development services director (or his/her designee) shall review and approve complete applications that are in compliance with the requirements of this section and the underlying development standards in the zoning district or specific plan in which it is located, and any other applicable objective development standards stated in this Code. Provisions of this section shall supersede where any conflict exists. If the director has not approved or denied the completed application within 60 days, the application shall be deemed approved.

2.

Two unit SB 9 projects shall meet the following requirements:

a.

The project application is consistent with Subsection 18.08.080 A.;

b.

The side and rear setbacks of each unit are at least four feet;

c.

The front setback meets the standard of the underlying zoning district or specific plan requirements;

d.

The architectural style, materials, and color palettes of each unit are similar and compatible;

e.

One off-street parking space is provided for each unit, unless:

i.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or

ii.

There is a car share vehicle located within one block of the parcel.

f.

A restrictive covenant shall be recorded upon approval of the project precluding the rental of either unit for a term less than 30 days;

g.

Each dwelling unit shall have access, provide access to, or adjoin the public right-of-way. Accessibility shall be in conformance with the building code and Americans with Disability Act and shall not preclude construction of future public improvements.

3.

If the project is a two unit SB 9 project to be constructed on a site created by an SB 9 urban lot split, no ADU or JADU may be constructed in addition to the project's two units.

4.

Fees for two unit SB 9 projects shall be the same as those assessed for other residential construction projects.

C.

Notwithstanding an SB 9 project's compliance with the above, the director shall deny a complete application if the city's building official makes a written finding, based upon a preponderance of the evidence, that the proposed two unit SB 9 project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 817, § 1, 3-4-2025)

The purpose of this section is to appropriately regulate qualifying SB 9 urban lot split developments on property intended for single-family residential development in accordance with California Government Code Section 66411.7 and to establish an application and approval process for such projects. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail.

A.

An SB 9 urban lot split shall be ministerially approved by the development services director or his/her designee within 60 days of the date of submission of a complete application if it meets all the following

requirements:

1.

The parcel is located within the low-density residential (RL) or medium-density residential (RM) zoning district or in a specific plan on property intended for residential development;

2.

The project application is consistent with Subsection 18.08.080 A.;

3.

The project will create no more than two new parcels and each of the newly-created parcels meets the following requirements:

a.

Is at least 40 percent of the lot area of the parcel being divided;

b.

Is at least 1,200 square feet in size;

c.

Allows for the construction of a unit not less than 400 square feet and not greater than 1,200 square feet, with side and rear setbacks not less than four feet;

d.

Has access to or adjoins the public right-of-way, sufficient to allow development on the parcel to comply with any property access requirements under the California Fire Code Section 503 and Title 14, California Code of Regulations Section 1273.00 et seq., when applicable to the parcel;

e.

Allows for the construction of one off-street parking space, unless:

i.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or

ii.

There is a car share vehicle located within one block of the parcel.

f.

The project includes a covenant to be recorded upon approval precluding the rental of either unit for a term less than 30 days;

g.

The proposed new parcels are intended for exclusively residential use.

4.

If the two unit SB 9 project is intended to be constructed on a site created by an SB 9 urban lot split, no ADU or JADU may be constructed in addition to the project's two units.

5.

The owner of the parcel to be subdivided signs an affidavit under penalty or perjury declaring all of the following to be true:

a.

The housing units proposed to be demolished or altered (if any) have not been occupied by a tenant at any time within three years of the date of application for an urban lot split;

b.

The owner of the parcel intends to occupy one of the housing units as their principal residence for a

minimum of three years from the date of approval of the urban lot split. (Ownership is not required if the owner is a community land trust or qualified nonprofit corporation under Sections 214.5 or 402.1 of the Revenue and Taxation Code.)

c.

The owner has not previously subdivided an adjacent parcel using an urban lot split.

d.

The owner has not previously acted in concert with any person to subdivide an adjacent parcel using an urban lot split. ("Acted in concert" means that the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in a joint activity or parallel action toward a common goal of subdividing the adjacent parcel.)

B.

SB 9 urban lot splits are not permitted on parcels:

1.

Described in Subsection 18.08.080.A;

2.

Created by a prior SB 9 urban lot split;

3.

Containing more than two existing units.

C.

All provisions of the Subdivision Map Act and the City of Suisun City Municipal Code shall apply unless expressly modified in this section.

1.

No dedication of right-of-way or construction of off-site improvements shall be required as a condition of SB 9 urban lot split parcel map approval.

2.

If the SB 9 urban lot split is proposed on a public street that has not been dedicated to its ultimate width, public access and utility easements shall be recorded as a condition of parcel map approval.

3.

Correction of nonconforming zoning conditions shall not be required as a condition of ministerial approval.

D.

Notwithstanding an SB 9 project's compliance with the above, the director shall deny a complete application if the city's building official makes a written finding, based upon a preponderance of the evidence, that the proposed two unit SB 9 project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 817, § 1, 3-4-2025)

The following definitions are applicable to SB 9 two unit projects and urban lot splits:

"Adjacent parcel" means a parcel of land that is touching the subject parcel at any point, separated from the subject parcel by only a public right-of-way, private street or way, or public or private utility access easement.

"Car share vehicle" means a motor vehicle that is operated as part of a fleet by a public or private carsharing company or organization and provides hourly or daily service.

"Common ownership or control" means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property.

"Lower-income household" means a household described by the meaning set forth in California Health and Safety Code Section 50079 et seq.

"Major transit stop" means a site containing any of the following:

(1)

An existing rail or bus rapid transit station;

(2)

A ferry terminal served by either a bus or rail transit service; or

(3)

The intersection of two or more major bus routes with frequency of service intervals of 15 minutes or less during morning and evening peak commute periods.

"Moderate-income household" means a household described by the meaning set forth in California Health and Safety Code Section 50093 et seq.

"SB 9 project" or "SB 9 application" means a project application submitted to the city in accordance with Section 18.08.080 or Section 18.08.090 of this title to:

(1)

Split a qualifying single-family residential zoned parcel into two lots; or

(2)

Develop no more than two primary units on a single lot.

"Two unit SB 9 development" means a development that proposes no more than two new primary residential units (or proposes to add one new primary residential unit to one existing primary residential unit) that meets all the criteria and standards set forth in Section 18.08.080 of this title.

"Urban lot split" means subdivision of an existing parcel into no more than two separate parcels that meets all the criteria and standards set forth in Section 18.08.090 of this title.

"Very low-income household" means a household described by the meaning set forth in California Health and Safety Code Section 50105 et seq.

(Ord. No. 817, § 1, 3-4-2025)

Chapter 18.14 - RESIDENTIAL MIXED USE ZONE