Chapter 10.18 — HIGH DENSITY RESIDENTIAL ZONE

This chapter shall apply to all land within the High Density Residential (R-H) zone. The purpose of the R-H zone is to encourage a variety of multi-family residential uses in a density range from 14.1 to 29 dwelling units per gross acre. In order to adequately plan for multi-family development of various densities, the R-H zone is further subdivided into the following sub-districts: R-H-14 and R-H-20.

(Ord. 2025-01, passed 1-7-2025)

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in § 10.08.020.

(Ord. 2025-01, passed 1-7-2025)

• (A) The minimum lot area shall be 6,000 square feet.

• (B) Existing lots of less than 6,000 square feet may be developed in accordance with the specifications of this section.

(Ord. 2025-01, passed 1-7-2025)

(A) The minimum lot frontage shall be 20 feet on a public street.

(B) The minimum lot width shall be 30 feet for interior lots and 40 feet for corner lots.

• (C) The minimum lot depth shall be 50 feet.

(D) Lots developed adjacent to an arterial or collector street are to be designed as walled back-on or side-on lots.

(Ord. 2025-01, passed 1-7-2025)

• (A) The minimum site area per dwelling unit shall be 2,000 square feet for the R-H-14 district.

• (B) Multi-family residential uses in the R-H-14 district shall be developed with a minimum density of 14.1 dwelling units per gross acre.

• (C) The minimum site area per dwelling unit shall be 1,500 square feet for the R-H-20 district.

• (D) Multi-family residential uses in the R-H-20 district shall be developed with a minimum density of 20 dwelling units per gross acre.

• (Ord. 2025-01, passed 1-7-2025)

The maximum coverage of a lot shall be determined by the combined building setback area requirements, accessory structure limitations, open space requirements, and off-street parking requirements. These requirements shall not reduce the maximum lot coverage below 60% of the overall lot.

(Ord. 2025-01, passed 1-7-2025)

• (A) No structure utilized as living space shall be placed within a building setback area.

• (B) The front building setback area shall be a minimum of 15 feet from the front lot line for livable building space and 20 feet for garages, carports, and other non-livable building space.

• (C) The rear building setback area and interior side setback area shall be a minimum of five feet per story.

(D) The side building setback area shall be ten feet from a street side property line. For a reverse corner lot, the street side setback shall be one-half the required front yard setback of the lot to the rear.

(Ord. 2025-01, passed 1-7-2025)

The minimum distance between structures shall be ten feet, except as provided by the building code. (Ord. 2025-01, passed 1-7-2025)

(A) The maximum structure height shall be 50 feet. No portion of a structure that is within 30 feet of an interior property line adjacent to a single-family zoned property shall be higher than 25 feet.

(B) Buildings over 50 feet may be erected upon approval of a conditional use permit in accordance with Chapter 10.80.

(Ord. 2025-01, passed 1-7-2025)

(A) The width of a driveway and any paved area shall not cumulatively exceed 40% of the width of the lot's street frontage on which the driveway and any paved area faces. In the case of "L" or "U" shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed 50% of the front building setback area.

• (B) Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

• (C) On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

• (D) On key lots, the driveway shall be located on the side of the lot, which is not adjacent to the rear lot line of the adjacent reverse corner lot.

• (Ord. 2025-01, passed 1-7-2025)

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

• (A) The floor area shall be a maximum of 300 square feet.

• (B) The walls shall be at least three feet from the rear and side lot lines.

• (C) The roof eaves shall be at least two feet from the rear and side lot lines.

• (D) The accessory structure shall be separated from other structures by a minimum of ten feet.

• (E) The maximum height shall be 20 feet.

• (F) This section does not apply to an accessory dwelling unit (as defined in Cal. Gov’t Code § 65852.2) which is instead regulated by § 10.60.030.

(Ord. 2025-01, passed 1-7-2025)

• (A) Mechanical equipment shall be located a minimum of five feet from an interior side lot line.

• (B) Above- or below-ground swimming pools shall be set back three feet from all lot lines.

• (C) Architectural features, including eaves, sills, chimneys, and cornices, may extend up to 30 inches into a required side yard or space between structures and up to 36 inches into a required front or rear yard.

(D) Uncovered, unenclosed porches, platforms, or landing places that do not extend above the level of the first floor of the building may extend up to six feet into a required front, side, or rear yard, or into a space between buildings. Railing up to 30 inches tall may be installed on any such porch, platform, or landing.

(Ord. 2025-01, passed 1-7-2025)

(A) Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

(B) Each space shall measure a minimum of nine feet in width and 20 feet in depth. All parking spaces and driveways shall be surfaced with asphalt concrete, chip seal, or other suitable all-weather surfacing. Where a carport or garage is open to a public street, a driveway length of at least 20 feet shall be provided between the parking structure and the front property line.

(C) Required parking spaces may not be provided within any front setback area. Parking shall be setback a minimum of ten feet from any side or rear property line except that garages or carports opening onto an alley shall be set back five feet,

provided that the structure, including roof overhang, shall not extend into the alley right-of-way. Each garage facing a courtyard shall have an apron of not less than six feet or more than 18 feet.

(D) No recreation vehicle, including, without limitation, a camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked in a location visible from the street so as not to detract from the neighborhood. All recreational vehicles must be operable.

• (E) No recreational vehicle or trailer shall be used as a residence.

(F) All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport. Vehicles with custom-fitted covers may be stored in an open area when it does not create a nuisance or safety problem as determined by the Director, cause complaints from neighbors, or violate any section of this code.

(Ord. 2025-01, passed 1-7-2025)

(A) Lots with four or fewer dwelling units shall provide for a usable open space area of a minimum of 200 square feet per dwelling unit. The open space shall be a minimum of 15 feet wide.

(B) Lots with five or more dwelling units shall provide for a usable open space area equal to 5% of the lot area. Where multiple lots together make up a single development site, the required open space may be combined into common open space areas that are accessible to all residents of the site.

(Ord. 2025-01, passed 1-7-2025)

(A) Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

(B) Except for driveways and approved parking areas, all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the area or with artificial turf and other permeable surfaces.

(C) Required landscaping is to be installed prior to occupancy of the residence, apartment, or office and continually maintained pursuant to Chapter 10.52. The Director may grant an exception to this section to avoid planting in inclement weather.

(D) Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping.

(Ord. 2025-01, passed 1-7-2025)

Fences, walls, and hedges in the R-H zone shall conform to the design standards in § 10.50.040 and the following:

(A) These regulations do not apply to fences or walls required by regulations of a state or federal agency, or by the city for reasons of public safety, or to retaining walls that adjoin land uses.

(B) Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

(1) Fences, walls, and hedges shall not exceed four feet in height in a required front yard and in the street side yard of a corner lot, provided that the top one foot shall be of a see-through material such as wrought iron. Hedges up to three feet tall are also permitted in a required front yard.

(2) Fences and walls shall not exceed seven feet in height in any rear or side yard or other areas outside a required front yard.

(3) On corner lots, a fence may not exceed four feet in height in the street corner area of the parcel formed by a right triangle with the right angle at the street corner property lines and its right-angle sides measuring 25 feet. The top one foot of the fence shall be of a see-through material (such as wrought iron).

(4) Walls along arterial and collector streets shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

(5) Walls greater than seven feet in height may be permitted, if approved by the Planning Commission, to mitigate noise impacts identified in the Tulare General Plan.

(C) Allowable fence materials. All fences constructed or installed within the city shall be limited to the following materials or a combination of materials:

• (1) Front and street side yards:

• (a) Concrete/block.

• (b) Latticework fencing.

• (c) Wood.

• (d) Wrought iron.

• (2) Rear and interior side yards:

• (a) Concrete/block.

• (b) Latticework fencing.

• (c) Wood.

(D) Perimeter walls around residential developments shall be of neutral color and shall be textured with stone, brick, stucco, or other surface finish. A wrought-iron fence is also acceptable. Walls and/or fences shall incorporate vertical elements (e.g., pilasters, indentations) of differing colors and/or materials at least every 50 feet.

(E) Walls for residential developments along arterial or collector roadways shall be designed to provide pedestrian access between the arterial or collector to the residential development. Access points shall be provided no more than 200 feet apart.

(F) Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

(G) Swimming pools shall be entirely enclosed by structures, fences, or walls in compliance with Cal. Gov’t Code § 115920 - The Swimming Pool Act.

(1) Pool fences shall have a minimum height of five feet. Such fences shall be substantial and shall be

constructed so there are no openings greater than four inches when all gates are closed. All gates, five feet or less in width, in enclosing fences shall be self-closing and self-latching. All gates greater than five feet in width shall be provided with a means of latching said gate closed. All latches on gates in enclosing fences shall be a minimum of 60 inches above grade. No pool shall be filled with water until the enclosing fence has been constructed and approved by the building inspector. Surrounding structures, existing fences, and gates shall suffice for this requirement if they comply with all requirements of this section as determined by the building inspector.

(H) The city reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

(Ord. 2025-01, passed 1-7-2025)

Signs placed in the R-H zone shall be subject to the requirements and standards prescribed in Chapter 10.56. (Ord. 2025-01, passed 1-7-2025)

The following standards apply to all development occurring within the R-H district and are intended to promote high standards of design.

(A) All multiple-family dwellings shall provide one storage area per unit, including a minimum of 50 square feet of area per unit devoted to secured storage space, exclusive of habitable area. The space may be located within a garage if parking and driveway access are not encumbered.

(B) An on-site manager shall be required for all multiple-family projects of 16 or more dwelling units.

(C) An annual inspection by the City of Tulare shall be conducted on all multiple-family dwellings of four units or more to ascertain compliance with fire and building codes and city standards and conditions, including conditions of approval of the applicable planning permit.

(D) Residential developments over 50 units shall be designed with at least two points of access to connect with arterials, collectors, or other neighboring developments.

(E) Building facades shall be designed utilizing varying setbacks, projections, and balconies, and by varying the pattern and location of windows and doors on the building face. Requirements include:

(1) The primary exterior siding material for buildings shall be wood, stone, brick, stucco, fiber cement, composite wood, or stone.

(2) For every 100 feet of building length, there shall be a plane break along the facade comprised of an offset of at least five feet in depth by 25 feet in length. The offset shall extend from grade to the highest story.

(3) All sides of a building shall include at least two forms of architectural detailing. Architectural detailing includes railings, trellises, trim, cornices, or similar architectural elements. One or more accent materials, such as

glass, tile, brick, stone, concrete, or plaster, which differs from the primary exterior siding material, shall be incorporated to highlight building features.

• (4) Windows shall either be recessed at least two inches from the plane of the surrounding exterior wall or shall have a trim or windowsill at least two inches in depth.

• (5) Individual residential unit entrances located on the ground floor shall include a porch, stoop, patio, terrace, forecourt, or courtyard. Entrances shall have either a projected sheltering element or be recessed from the facade; the projection or recess shall have a minimum depth of 24 inches.

(6) Exterior stairways shall be designed as an integral part of the overall structure and shall incorporate materials used in the main building.

(7) Where residential units are designed as townhomes or rowhomes, individual units shall be distinguished. This may be accomplished through the use of at least two of the following:

• (a) Change in wall plane.

• (b) Change in color.

• (c) Change in roof form.

• (F) Parking lots, driveways, and entries should be designed to blend in with the overall project:

• (1) Parking rows shall be broken up with a landscape island every eight spaces.

(2) Project entryways for developments of 16 units or more shall be delineated and enhanced with the incorporation of at least two of the following:

• (a) Enhanced paving treatment with patterned and/or colored pavers, brick, or decorative colored and scored concrete a minimum of 12 feet deep and spanning the width of the driveway.

• (b) A monument sign or place name incorporated into a wall.

• (c) Enhanced landscaping that incorporates features such as arbors, trellises, and hedges.

• (d) An expansion of the landscaped area by a minimum of five feet in depth spanning a minimum of ten feet on each side of the driveway or pedestrian entrance.

(3) Parking areas shall be screened from view from adjoining properties and street rights-of-way by means of a solid fence, wall, landscaping, or architectural feature.

(G) A children's play yard with play equipment shall be required for all multiple-family projects of ten units or more and must be reviewed and approved by the Director. This condition shall not apply to senior citizen housing.

(H) Wherever multiple-family residential uses abut commercial uses, industrial uses, or other undesirable features such as freeways, a solid seven-foot-tall block wall and at least five feet of dense landscaping shall be provided along abutting property lines. The location and orientation of the residential structures shall be placed to minimize any harmful effects created by nearby non-residential uses. Along streets designated as arterial or primary thoroughfares, the Planning Commission may require proposed uses to back up to the roadway.

(I) Adequate on-site lighting shall be required for safety and security. All on-site lighting shall be directed away from abutting properties to reduce glare. Adjustment of lighting fixtures may be required after they have been installed.

(J) All trash disposal containers shall be surrounded and screened by a solid six-foot-tall fence, wall, or similar architectural feature. The enclosure shall incorporate the same materials and colors as the primary building design. Additional treatments, such as landscaping, a trellis, or an arbor are encouraged.

(Ord. 2025-01, passed 1-7-2025)