Chapter 18.32 — MFR MULTIFAMILY RESIDENTIAL ZONE

• A. Description. The MFR multifamily residential zone is intended as a zone for multifamily residences and apartments with common open space and recreation areas. The MFR zone shall apply to planning areas 9 and 11 of the San Antonio Lakes specific land use plan.

• B. Purpose. The MFR multifamily residential zone is established to encourage and promote a desirable environment for family life by providing a zone for apartments using modern siteplanning techniques.

(Prior code § 9620.010)

Multiple-family residential uses, including, but not limited to, detached and attached apartment units, town houses, condominiums.

(Prior code § 9620.020)

The following accessory structures and land uses may be permitted in the MFR zone, only where clearly incidental to a permitted primary use, except as may otherwise be permitted herein:

• A. Accessory buildings and uses, including a private garage, and one guest house or recreation room;

• B. Home occupations in compliance with all conditions and limitations of Chapter 17.124;

• C. Fences, hedges and walls, in compliance with the regulations prescribed hereinafter and in Chapter 17.18, Site Development Standards—General;

• D. Signs, in compliance with the regulations prescribed hereinafter and in Chapter 17.15 , Sign Regulations.

(Prior code § 9620.030)

The following uses and structures may be permitted in the MFR multifamily residential zone subject to approval of a conditional use permit in compliance with provisions for same as set forth in Chapter 17.16 , Development Application and Review Procedures. The property development standards for the zone in which the use or structure is located shall apply except as may otherwise be specifically provided for the use or structure. All conditional use permits require notice of public hearing.

• A. Agricultural uses interim to development, including farms or ranches for orchards, tree crops, field crops, truck gardening berry and bush crops, and flower gardening on plots of not less than one acre;

• B. Churches, and uses incidental thereto, such as assembly, work rooms, living quarters of a minister or family, and daycare and educational facilities;

• C. Private educational institutions which offer a full curriculum as required by state law (not including music, dancing or trade schools);

• D. Boarding, lodging and rooming houses;

• E. Foster home (when used for the housing of, and caring for, disadvantaged children for compensation);

• F. Nursery schools and daycare centers;

• G. Rest homes;

• H. Senior citizen housing development, subject to the provisions of Chapter 17.140, Senior Citizens Housing Development;

• I. Planned residential developments (PRDs) subject to the provisions of Chapter 17.130, Planned Residential Development;

• J. Public educational institutions;

• K. Public utility structures, buildings and service facilities;

• L. Governmental facilities, including, but not limited to, community centers owned and operated by a governmental agency, public libraries and museums, public parks and playgrounds;

• M. Such uses as the planning commission may deem to be similar, no more obnoxious and equally as essential to serve the public welfare.

(Prior code § 9620.050)

The following uses are expressly prohibited in all multiple-family residential zones:

• A. Mobilehome parks;

• B. Commercial uses;

• C. Industrial uses;

• D. Sales stands offering products for sale;

• E. Poultry and hog ranches;

• F. Commercial or industrial poultry or rabbit slaughtering or dressing plants;

• G. The keeping of horses, colts, mules, ponies, goats, sheep, cows, calves, or animals of general like character;

• H. The keeping of poultry for any purpose, or the keeping of rabbits for the purpose of sale or breeding;

• I. The keeping, habitation and maintenance of more than three dogs and/or more than three cats unless expressly permitted by law. The total of cats and dogs being kept, housed and maintained may not exceed six animals which are four months of age or older;

• J. The possession of wild and dangerous animals as provided in Section 6.08.010 , Prohibition against possessing wild or dangerous animals.

• (Prior code § 9620.060; Ord. 1835 § 12, 2008)

No building or structure shall be hereafter erected or located on a lot unless such building, structure or enlargement conforms with the provisions of Chapter 17.18, Site Development Standards— General, and the following additional provisions, excepting as may otherwise be provided in the standards of the specific zone in which such building or structure is to be located or as may otherwise be authorized as part of an approved planned residential development (PRD) in compliance with all provisions therefor. (Prior code § 9620.100)

• A. Minimum Lot Area. Not less than 7,500 square feet, excepting for lots of record.

• B. Minimum Lot Dimensions. The width and depth of any MFR zoned lot shall be measured at the midpoint of each lot, and shall be not less than that required below:

  1. Minimum interior lot width: 60 feet.

  2. Minimum corner lot width: 65 feet.

  3. Minimum Lot Depth.

  • a. 100 feet;

  • b. Lots facing major or secondary highways: 125 feet.

• C. Maximum Lot Coverage. Lot coverage by buildings and structures shall not exceed 50 percent of the total lot area.

• D. Street Frontage. 60 feet, except that for any lot which fronts principally on a turnaround or on a curving street having a radius of curvature of less than 100 feet, the minimum frontage shall be 36 feet.

• E. Minimum Floor Area per Dwelling. Each dwelling unit shall contain not less than the minimum enclosed floor area per dwelling, exclusive of garages or carports, as provided in this subsection:

(Prior code § 9620.102)

All lots shall have front, side and rear yards of a minimum depth and area as provided in this section. Any such required yard shall be open and unobstructed from the ground to the sky; no yard or open space provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space on a lot whereon a building is to be erected, except as provided hereinafter.

• A. Computation of Yards. In measuring any yard adjoining a street, it shall be the perpendicular distance between the street right-of-way and a line through the corner or face of the building closest to and drawn parallel with the street, excluding any architectural features. If any future right-of-way line has been established by provisions of a specific ordinance or by the master plan, then the measurement of the yard shall be made from the future right-of-way line, or future property line so defined.

• B. Dwellings with Common Walls. For the purpose of side yard regulations, the following dwellings with common party walls shall be considered as one building occupying one lot: two-, three-, and four-family dwellings and row houses not more than two rooms deep.

• C. Setback Averaging. Setback averaging is prohibited in all MFR zones.

• D. Front Yard. Each lot shall have a front yard extending across the full width of the lot to both sides of property lines. The yard shall have a depth of not less than 20 feet.

• E. Side Yard. Each lot shall have two side yards extending from the rear of the required front yard setback line to the front of the required rear yard setback. The yard shall be one-half the height of the subject building abutting such side yard; provided, however, that in no case shall such side yard be less than five feet in width, nor shall it be required to exceed 20 feet in width. The street side yard for corner and reversed corner lots shall be not less than 15 feet.

• F. Rear Yard. Each lot shall have a required rear yard established for the use of either or both a service yard and a general use area. Such a required rear yard shall be contiguous to the rear lot line and shall have a depth measured at right angles to the rear lot line of not less than 15 feet, and shall extend across the full width of the subject lot.

• G. Accessory Structures. Where either a garage or an accessory building with any residential occupancy is attached to or part of a main building, or when such a residential occupancy is over such a garage or accessory building, the entire structure shall be considered a main building, and no portion of said building shall be closer to any property line than is permitted for any other main building on the subject lot, except as follows:

  1. When such a garage or carport building is adjacent to an existing or proposed alley and has vehicular door openings facing the alley, the garage or carport shall be located not closer than 25 feet from the opposite side of the existing or proposed alley;

2. All accessory buildings and garages, when not attached to or a part of a main building, shall be a minimum of eight feet from all main buildings;

   3. No accessory building or garage shall be located closer than eight feet to any other accessory building or garage.

(Prior code § 9620.103)

Notwithstanding any other provisions of this title, exceptions to the setback and yard requirements of the zone in which any MFR zoned lot is located shall be required or may be permitted as provided in Section 18.32.080 for MFR zones, except as otherwise specifically provided for in this section:

Schools and Public Facilities. No building in any multifamily residential zone shall be hereafter erected, structurally altered, used for a school, church, institution or other similar use permitted either as a matter of right or under conditional use permit unless such buildings have a front yard not less than that prescribed by the zone in which the building is to be located, but in no case less than 20 feet from all other property lines. Required side and rear yards may be used for required off-street parking, provided there is a six-foot-high masonry wall erected on the property line; provided, further, that any side and rear yard shall not be used for play purposes. The required front yard shall be landscaped with appropriate materials and shall be maintained. In addition, a 10-foot-wide landscaped area shall be provided as a buffer between schools, churches, or institutions and any multifamily residential use or zone.

(Prior code § 9620.104)

Fences, hedges and walls not to exceed six feet in height may be permitted on or within the rear or side property lines on any interior lot or any normal corner lot and to the rear of any required front setback or yard line, except as otherwise provided in this section.

• A. Openwork fences, hedges, landscape architectural features, including patio, open-air grills and similar features, or guard railings for safety protection around depressed ramps, not more than three and one-half feet in height, may be located in any required front, side or rear yard.

• B. A six-foot-high fence or wall shall be constructed at the tops of slopes when all of the following conditions apply:

  1. Where the top of the slope is a property line between the adjoining lots held under separate ownerships;

  2. Where the difference in vertical elevation between the top and the toe of the slope is six feet or more; and

  3. Where the grade of the slope between the property line at the top of the slope and the toe of said slope is 2:1 or greater.

• C. On Corner Lots. Excepting reverse corner lots, a six-foot-high fence, hedge or wall may be located on the side property lines on the street side of a corner lot.

• D. On Reverse Corner Lots.

  1. No fence over four feet in height, nor any wall or hedge over three feet in height shall be permitted in any required front yard or in any required side yard on the street side of a reverse corner lot, excepting any SFR zone wherein a fence, wall or hedge, not less than five feet nor more than six feet in height may be permitted in the required side yard on the street side of any reverse corner lot; provided the fence, wall or hedge is set back not less than 15 feet from the street side property line of the lot.

  2. On any newly created reverse corner lot, a solid masonry wall, not less than five feet nor more than six feet in height, shall be erected along the entire length of the street-side yard of the lot; provided, however, that the wall shall be set back not less than 15 feet from the side property line, as specified in Section 17.18.060, Structural setbacks and yards— Special.

• E. A solid six-foot-high masonry wall designed to building department specifications shall be constructed around the project perimeter and all areas designated by the planning department to be dangerous to the health and a safety of the general public.

• F. Prohibited wall and fencing materials include barbed wire, electrically charged fences, plain exposed concrete block, plastic materials, corrugated metal, chain link and grapestake.

• G. Trash Enclosures. All outdoor trash and garbage depositories and enclosures shall be enclosed within a six-foot-high wall per the city's standard details.

• H. MFR Zone Abutting A More Restrictive Zone. Where the MFR zone abuts a more restrictive zone on a side or rear property line, a six-foot-high wall or other appropriate screening devices shall be required on all such side property lines; provided, however, that where such side and rear property lines are common with an alley and where vehicular access to garages or carports is off the alley, walls or other appropriate screening devices shall be required only at locations where garages or carports do not occupy alley frontage.

• I. Nothing in this section shall be deemed to set aside or reduce the requirements established for security fencing by either local, state or federal law, or by safety requirements of the board of education.

(Prior code § 9620.105)

A.

1. Each multifamily residential development shall contain outdoor living space as follows:

   • a. Private Outdoor Living Space. Each dwelling unit shall be provided with a minimum of 60 square feet of private outdoor living space in the form of a balcony, a fenced yard, or a combination thereof. The minimum dimension for said space shall be six feet in either direction.

   • b. Common Outdoor Living Space. A minimum of 250 square feet of usable common outdoor living space per dwelling unit shall be provided in both planning areas 9 and 11

in the San Antonio Lakes specific plan area.

  - i. The minimum dimensions for the space shall be 25 feet in either dimension. 

  - ii. Portions of setbacks (excluding the front yard setback) which are contiguous with an integral part of the outdoor living space may be included in calculating the area and minimum dimensions of such space. 

  - iii. Pools and paved recreation areas may be developed in the required common space. 

  - iv. Not less than 30 percent of this common required space shall be in permanent landscaping. 

  - v. Outdoor living areas shall be reasonably accessible to dwelling units served. 

  - vi. Driveways and parking areas shall not be included in calculations of outdoor space. 

  - vii. Such areas shall not be located within 10 feet of any ground floor dwelling unit wall having windows or other openings. 

  - viii. No public, active recreational facilities shall be located nearer than 20 feet to any dwelling unit wall having windows or other openings, or to any site boundary abutting a private residential zoned property. 

2. This provision of private and common outdoor living space shall be subject to review and approval by the planning director through the design review process as per Chapter 17.16 .

• B.

  1. An active outdoor recreational facility and a play area for children shall be provided for the occupants in both planning areas 9 and 11 in the San Antonio Lakes specific plan area. Such active outdoor recreational facility shall contain a minimum of two of the following facilities:

     • a. Swimming pool and spa;

     • b. Tennis court(s);

     • c. Basketball court(s);

     • d. Racquetball court(s);

     • e. Volleyball court(s); f. Barbeque pits and picnic areas;

     • g. Such other facilities as may be approved by the planning director.

  2. The exact tract design and types of outdoor recreation facilities and children's play areas, as well as the extent of development shall be subject to review and approval by the planning director through the design review process as provided in Chapter 17.16 .

• C. Storage Area Requirements. Each dwelling unit shall be provided with a minimum 180-cubicfoot fully enclosed storage area. Such storage area shall be provided in a carport, garage, patio, or other such area as may be approved by the planning director.

• D. Laundry Room Requirements. Each apartment or multifamily development shall be provided with a minimum of one centralized laundry room if individual laundries are not provided in each dwelling unit. Additional laundry rooms may be required subject to review and approval by the planning director.

(Prior code § 9620.106)

Tennis courts or other game areas shall be allowed no closer than five feet from any side yard property line if the enclosure is fenced and no closer than three feet from any side yard property line without fencing. Tennis courts or other game areas shall be allowed no closer than five feet from any rear yard property line. A maximum 10-foot-high fence to enclose tennis courts or other game areas (as measured from the finished grade of the court) shall be allowed no closer than five feet from any side or rear property line. Fences, if provided, shall be composed of wire mesh or steel mesh capable of admitting at least 90 percent of light as measured on a reputable light meter. In addition, a maximum of eight lights are permitted, provided that they do not exceed 22 feet in height, nor are they located closer than 10 feet to a side or rear property line. All lights and light fixtures shall be certified by a qualified lighting engineer to:

• A. Be designed, constructed, mounted and maintained such that the light source is cut off when viewed from any point above five feet measured outside of the lot at the lot line;

• B. Be designed, constructed, mounted and maintained such that the maximum illumination intensity measured at the wall of any residential building on abutting property shall not exceed one-half foot candle above ambient levels;

• C. Be used only between 6:00 a.m. and 10:00 p.m. (Prior code § 9620.107)

Satellite dishes, meters, and associated mechanical equipment shall not be mounted on any rooftop, nor in any front yard or required street side yard, and shall be located no closer than five feet from any property line as measured from the outer edge of the satellite dish, meter, or mechanical equipment to the nearest property line. All satellite dishes, meters, and mechanical equipment shall be screened from all public views at ground level from adjacent streets and residential areas to the satisfaction of the planning director.

(Prior code § 9620.108)

Projections of certain architectural or functional structures may be permitted to encroach into required yards or between buildings as provided in this section:

Notes:

• 1 Not to extend within 40 inches of any property line, excepting that roof eaves may project into a required rear yard not to extend closer than two feet to a rear property line. Openwork railing not more than 30 inches in height may be provided, when design has been approved by the building department, and when said shelter does not project or cause the ground to rise more than three feet in elevation above the existing or proposed finished grade of the lot.

• 2 Openwork railing not more than 30 inches in height may be provided.

• (Prior code § 9620.109)

Prior to the use and occupancy of any premises, the entire required front and street side yards shall be suitably landscaped except for those areas occupied by driveways and walkways. In no case shall the required landscaped area be less than 30 percent of the total area included in the required front and street side yards. Prior to the issuance of any building permits, a complete landscaping plan shall be submitted to the planning department. Required landscaping and required watering system shall be installed prior to the use of the premises. All required landscaping shall be adequately maintained.

(Prior code § 9620.110)

• A. Computation of Height. The height of the building is to be determined by the height of the top wall plate of the highest story as such is related to either the proposed or the minimum legal ceiling height, whichever is the greater. However, when the subject building is designed with gable ends facing the subject side yard, the height shall be determined at the ridge height of the gable, if this point is higher than the top wall plate.

• B. Maximum Structural Height. The height of any building or structure in any MFR multifamily residential zone shall not exceed 45 feet or three stories, excepting as follows:

Penthouses or Roof Structures. Structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, church steeples, flagpoles, chimneys, smokestacks, silos, water tanks or wireless masts or similar structures may be erected above the height limits herein prescribed; provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances, but no penthouse or roof structures, or any space above the height limit shall be allowed for the purposes of providing additional floor space.

(Prior code § 9620.111)

All structural separations shall be as measured at ground level grade (GLG), except as otherwise provided in this section; provided further, that when any lot is developed for multiple-family

occupancies the minimum distance between the exterior walls of any opposing buildings located on any such lot shall be based on the height of each such buildings, and shall be not less than as provided hereinafter:

• A. Both One-Story Buildings. 16 feet;

• B. One-Story Opposing a Two-Story Building. 25 feet, except that in cases when the second story wall of the two-story building is set back not less than eight feet from alignment with its first story wall, the distance between the first story levels of such buildings may be reduced to not less than 16 feet;

• C. Both Two-Story Buildings. 34 feet, except that in cases where the second story walls of both buildings are set back not less than eight feet from the alignment of their first story walls, the distance between the first story levels of such buildings may be reduced to not less than 16 feet.

• D. Both Three or More Story Buildings. The minimum distance between any such buildings shall equal not less than the sum of their combined heights.

• (Prior code § 9620.112)

Refer to the provisions of Chapter 17.22 , Vehicle Parking and Loading Requirements—General. (Prior code § 9620.113)

Refer to the provisions, covenants and restrictions in Chapter 17.15 , Sign Regulations. (Prior code § 9620.120)

Refer to the provisions, covenants and restrictions of Section 17.18.090, Development review and permits—General. (Prior code § 9620.130)

Refer to the provisions, covenants and restrictions, conditions, procedures, and required findings specified in Chapter 17.16 , Development Application and Review Procedures. (Prior code § 9620.140)

Refer to the provisions, covenants and restrictions of Section 17.12.170, Penalties for violation of regulations—General. Chapter 9442 of Article IX of the prior Upland Municipal Code has been deleted for the purposes of the San Antonio Lakes specific plan area. (Prior code § 9620.150)