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Arroyo Grande City Zoning Code

CHAPTER 16

32 - RESIDENTIAL DISTRICTS

16.32.010 - Purpose and intent.

The general plan outlines goals, objectives and policies regarding the character of residential uses and developments. It is the purpose of this chapter to provide regulations that implement those goals, objectives and policies toward the provision of a wide range of residential opportunities and dwelling unit types that meet the needs of present and future Arroyo Grande residents of all socio-economic groups. It is the further intent of this chapter to ensure adequate light, air, privacy, and open space for each dwelling; to minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive bulk or number in relation to the land area around them; to protect residential properties from objectionable noise, illumination, unsightliness, odors, smoke and other influences; and to facilitate the provision of utility services and other public facilities commensurate with anticipated population, dwelling unit densities, and service requirements.

(Prior code § 9-06.010)

16.32.020 - Residential districts.

A.

Residential Estate (RE) District. The RE district is intended to permit single-family residential development on estate size lots commensurate with the rural character and lifestyle of adjoining county developments. This district is intended as an area for development of low density, large lot, single-family detached residential dwelling units at a maximum density of one dwelling unit per 2.5 gross acres.

B.

Residential Hillside (RH) District. The primary purpose of the RH district is to provide for and protect rural atmosphere and lifestyles, as well as to provide for protection of existing hillside areas in accordance with general plan policies. This district is intended as an area for development of low density, large lot, single-family detached and small lot single-family detached residential dwelling units at a maximum density of one dwelling unit per 1.5 gross acres. Cluster development is encouraged in order to protect the environment. Other uses may be considered through a planned unit development or similar mechanism.

C.

Rural Residential (RR) District. The primary purpose of the RR district is to provide for and protect rural atmosphere and lifestyles. This district is intended as an area for development of low density, large lot residential dwelling units at a maximum density of one dwelling unit per one gross acre.

D.

Residential Suburban (RS) District. The primary purpose of the RS district is to provide a transition between rural and urban density development areas, and to provide for a suburban lifestyle on residential lots larger than those commonly found in suburban subdivisions. This district is intended as an area for development of moderate sized lot, single-family detached residential dwelling units at a maximum allowable density of 2.5 dwelling units per gross acre.

E.

Single-Family Residential (SF) District. The primary purpose of the SF district is to provide for residential development on common sized suburban lots. This district is intended as an area for development of single-family detached residential, small lot single-family detached residential at a maximum allowable density of 4.5 dwelling units per gross acre.

F.

Village Residential (VR) District. The primary purpose of the VR district is to provide for residential uses while preserving the character of those areas which are historic or close to historic structures. More particularly, the village residential district is intended to protect historical resources which add interest, identity and variety to older neighborhoods, contributing to the area's quality of life by providing a visual focus on the city's rural heritage. The district is intended as an area for the preservation and development of single-family detached homes at a maximum allowable density of 4.5 dwelling units per gross acre.

G.

Condominium/Townhouse (MF) District. The primary purpose of the MF district is to provide for a variety of residential uses, encourage diversity in housing types with enhanced amenities (common open space and recreation areas), or provide transitions between higher intensity and lower intensity uses. This district is intended as an area for development of small lot single-family detached, single-family attached, and multifamily attached residential dwelling units, planned unit developments, condominiums, and certain senior housing types, at a maximum allowable density of nine dwelling units per gross acre.

H.

Multifamily Apartment (MFA) District. The primary purpose of the MFA district is to provide a broadened range of housing types for those not desiring detached dwellings on individual parcels, and with open space and recreational amenities not generally associated with typical suburban subdivisions. This district is intended as an area for development of single-family attached and multifamily attached residential dwelling units, and certain senior housing types at a maximum allowable density of fourteen (14) dwelling units per gross acre.

I.

Multifamily Very High Density (MFVH) District. The purpose of the MFVH district is to provide suitable locations for the provision of very high density multifamily housing including housing for senior and handicapped citizens, independent living, congregate care, assisted living, and convalescent living arrangements. Senior housing developments within the MFVH district may be age-restricted to senior citizens (for nonhandicapped households) to the extent permitted by state law. The maximum allowable density, shall be twenty-five (25) dwelling units per gross acre.

J.

Mobilehome Park (MHP) District. The purpose of the MHP district is to provide suitable locations for the development of mobilehome parks and subdivisions as a means of providing a range of housing types as called for in the general plan housing element. The maximum allowable density shall be twelve (12) dwelling units per gross acre.

(Ord. 584 § 3, Exh. B (part), 2007: Ord. 531 § 2, 2002; prior code § 9-06.020)

16.32.030 - Residential densities for residential districts.

A.

For all single-family residential units within a residential zoning district, each dwelling unit counts as one density unit. For multifamily dwellings within a residential zoning district, a one-bedroom or studio is equal to 0.5 unit and a two-bedroom and above is equal to one unit. Rounding up to the next whole number is not applicable when calculating density, except in the multifamily (MF) zoning district. For calculating allowable density in the MF district, all remainders of fifty-one (51) percent or greater shall be rounded to the next higher whole number. Density in mixed use districts are defined in Section 16.36.030(C)(2).

B.

The ultimate density allowed in any residential district shall be determined through the residential land division and land use permit and approval review process and public hearings as described in Chapters 16.12, 16.16 and 16.20 of this title. The planning commission and city council shall have the authority to reasonably condition any residential development to ensure proper transition and compatibility to adjacent residential developments, existing or proposed.

(Ord. 584 § 3, Exh. B (part), 2007: prior code § 9-06.030)

(Ord. No. 630, § 3, 2-22-2011)

16.32.040 - Use regulations for residential districts.

Subject to applicable general plan policies and Arroyo Grande ordinance provisions, the following uses identified in Table 16.32.040-A shall be permitted uses where the symbol "P" appears in the column beneath each residential zone designation as shown. Where the symbol "PP" appears, the use shall be permitted subject to the plot plan review process pursuant to Section 16.16.060. Where the symbol "C" appears, uses shall be permitted subject to the issuance of a conditional use permit in accord with the provisions of Section 16.16.050. Uses not identified in the table are prohibited.

Table 16.32.040-A
Uses Permitted Within Residential Districts

Legend
P Permitted
MUP Minor Use Permit
PUD Permitted Subject to Issuance of a Planned Unit Development Permit
C Permitted Subject to Issuance of a Conditional Use Permit
NP Not Permitted

 

USERERHRRRSSFVR
D-2.4a
MFMFAMFVHMHP
A. Residential Uses
1. Single-family detached (standard lot sizes) P P P P P MUP P;sup\sup; P;sup\sup; NP NP
2. Small lot single-family detached NP PUD PUD PUD PUD PUD PUD NP NP NP
3. Single-family attached (twin home, triplex, fourplex) NP PUD NP NP PUD NP PUD PUD NP NP
4. Condominium (air space) NP NP NP NP NP NP C C C NP
5. Multiple-family attached (2 - 4 units) NP NP NP NP NP NP MUP MUP P NP
6. Multiple-family attached (5 or more units) NP NP NP NP NP NP C C MUP NP
7. Mobilehome subdivisions C C C C C C C C C C
8. Mobilehome parks C C C C C C C C C C
9. Boarding/rooming houses NP NP NP NP NP NP C C C NP
10. Senior independent living uses NP NP NP NP NP NP C C C NP
11. Congregate care, assisted living NP NP NP NP NP NP C C C NP
12. Convalescent care NP NP NP NP NP NP C C C NP
13. Residential care facility (6 or fewer persons) P P P P P P P P P P
14. Bed and breakfast inns NP C C C C C C C NP NP
15. Second residential dwelling unit P P P P P P P P P P
16. Small family day care (6 or fewer children) P P P P P P P P P P
17. Vacation rentals and homestays MUP MUP MUP MUP MUP MUP MUP MUP NP NP
18. Supportive housing Pursuant to section 16.52.280
19. Transitional housing Pursuant to section 16.52.280
20. Low barrier navigation centers Pursuant to section 16.52.280
B. Public/Quasi-Public
1. Large family day care (7 or more children) (Large family day care permit required) P P P P P P NP NP NP NP
2. Commercial day nurseries, nursery schools, child care facilities NP C C C C C C C C NP
3. Churches C C C C C C C C NP NP
4. Clubs, lodges, fraternities, or sororities NP C C C C C C C C NP
5. Educational institutions C C C C C C C C NP NP
6. Fire and police stations NP C C C C C C C C C
7. Public libraries and museums NP NP NP NP NP C C C C NP
8. Public parks and recreation NP P P P P P P P P P
9. Public utility and public service substations, reservoirs, pumping plants and similar installations not including public utility offices C C C C C C C C C C
10. Recreational facilities (e.g., country clubs, tennis and swim clubs, golf courses), including limited commercial uses which are commonly associated with and directly related to the primary use) NP C C C C C C C C C
11. Equestrian centers, riding academies, commercial, stables NP C C NP NP NP NP NP NP NP
12. Boarding or breeding kennels NP C C NP NP NP NP NP NP NP
13. Homeless shelters within religious or social organization buildings NP NP NP NP NP NP C C C NP
C. Agricultural Uses
1. Orchards, vineyards, greenhouses and other horticulture P* P P P P P NP NP NP NP
* (CUP required for orchards, vineyards, greenhouses, and other horticulture exceeding 0.5 acre in area)
2. Light farming, except commercial dairies, rabbit, fox, goat or hog farms or commercial chicken or poultry ranches NP P P P NP NP NP NP NP NP
3. Commercial dairies (10 acre min.), rabbit, fox, goat or hog farms or commercial chicken or poultry ranches NP C C C NP NP NP NP NP NP
4. Large animal hospitals (10 acre min.) NP C C C NP NP NP NP NP NP
D. Home Occupations P P P P P P P P P P
(Subject to the provisions of Section 16.12.090, and the issuance of a home occupation permit)
E. Temporary Uses P P P P P P P P P P
(Subject to the provisions of Section 16.12.100, and the issuance of a temporary use permit)
F. Accessory Uses
1. Guest quarters P C C C C C NP NP NP NP
2. Private swimming pool, tennis court P P P P P P P P P P
3. Recreational vehicle storage yard NP NP NP NP NP NP C C C C
4. Feed and tack stores accessory to commercial stables NP C C NP NP NP NP NP NP NP
5. Dormitories accessory to educational institutions C C C C C C C C NP NP
6. F.F.A., 4-H, or similar organization small animal and fowl projects P P P P P P NP NP NP NP
7. Other accessory uses and structures located on the same site as a permitted use P P P P P P P P P P
8. Other accessory uses and structures located on the same site as a use requiring plot plan review PP PP PP PP PP PP PP PP PP PP
9. Other accessory uses and structures located on the same site as a use requiring a conditional use permit C C C C C C C C C C
G. Other uses similar to, and no more objectionable than the uses identifiable above as determined by the planning commission NP C C C C C C C C C

 

a  Architectural review is required for the historic character overlay district D-2.4 per Section 16.32.050(F)(1) and in accordance with Section 16.16.130 through the permit approval process for conditional use, planned unit development or minor use permit for architectural review.

b  If parcel area is below minimum building site area.

(Ord. 600 § 2, Exh. A (part), 2008; Ord. 584 § 3, Exh. B (part), 2007; Ord. 541 § 2, 2003; Ord. 519 § 2, 2000; prior code § 9-06.040; Ord. No. 663, § 6, 6-10-2014; Ord. No. 677, § 3, 4-13-2016; Ord. No. 2025-010, § 5(Exh. A-1), 10-14-2025)

16.32.050 - Residential site development standards.

The following property development standards shall apply to all land and permitted, or conditionally permitted buildings located within their respective residential districts. The standards stated herein shall not be construed to supersede more restrictive site development standards contained in the conditions, covenants and restrictions of any property or dwelling unit. However, in no case shall private deed restrictions permit a lesser standard in the case of a minimum standard of this section or permit a greater standard in the case of a maximum standard of this section.

A.

General Requirements. Tables 16.32.050-A and B set forth minimum site development standards for residential development projects.

Table 16.32.050-A
Residential Site Development Standards—Single-Family Zones

RE RH RR RS SF VR
1. Maximum density (DU's per gross acre) 0.4 0.67 1.0 2.5 4.5 4.5
2. Minimum building site a (Net area in sq. ft.) new subdivisions 92,500;sup\sup; 49,000 40,000 12,000 (reduced minimum building site area allowed with provision to permanently preserve sensitive habitat and/or open space corridors and/or to avoid development of steep slopes and ridgelines) 7,200 6,750
3. Minimum lot width c new subdivisions 200′ 130′ 120′ 80′ 70′ 50′
4. Minimum lot depth new subdivisions 250′ 200′ 200′ 100′ 100′ 100′
5. Minimum front yard * New subdivisions of 5+ lots 50′ 35′ 35′ 25′ 20′ 15′
Infill and additions Setbacks listed above or the average setback of structures to the street on either side and directly across block front for properties in the same district.
6. Minimum interior side yard setback * 30′ 10% of lot width 10% of lot width 5′ one side, 10′ other side (for lots < 12,000 sq. ft. use SF) Infill = 5′; New subdivision = 5′ one side, 10′ other side 5′
7. Minimum street side yard setback * 30′ 15% of lot width 15% of lot width 15′ 15′ 10′
8. Minimum rear yard setback * 50′ 40′ 25′ 20′ (For lots < 12,000 sq. ft. use SF) 10′ (1-story) 15″ (2-story) 10′ (1-story) 15″ (2-story)
9. Maximum lot coverage d 35% 35% 35% 30% (For lots <10,000 sq. ft. use SF) 40% 40%
10. Maximum height for buildings and structures 30′ or 2 stories, whichever is less, 14′ for accessory buildings.
11. Minimum distance between building (including main dwellings and accessory structures) e 20′ 20′ 6′ 10′ 10′ 10′

 

Table 16.32.050-B
Residential Site Development Standards
Multiple-Family and Other Zones

MF MFA MFVH MHP
1. Maximum density (DU's per gross acre) 9.0 14.0 f 25.0 12.0
Does not include density bonus for affordable housing. The maximum allowable density for congregate care, assisted living, and convalescent living arrangements shall be thirty-four (34) dwelling units per gross acre as allowed by state law.
2. Minimum building site (Net area in sq. ft.) 10,000 10,000 20,000 5 acres g
3. Minimum lot width c 80′ 80′ 80′ 60′ g
4. Minimum lot depth 100′ 100′ 100′ 100′ g
5. Minimum front yard setback 20′* 20′* 20′ 20′
6. Minimum interior side yard setback 10′* 10′* 10′ 5′
7. Minimum street side yard setback 10′* 10′* 10′ 15′
8. Minimum rear yard setback Average 15′ h Average 15′ h Average 15′ h 5′
9. Maximum lot coverage d 40% 45% 60%;sup\sup; 50%
10. Maximum height for buildings and structures 30′ or 2 stories, whichever is less, 14′ for accessory buildings 30′ or 2 stories, whichever is less, 14′ for accessory buildings 30′ or 2 stories, whichever is less, 14′ for accessory buildings 30′ or 2 stories, whichever is less, 14′ for accessory buildings
11. Minimum distance between buildings (including main dwellings and accessory structures) e 10′ 10′ 10′ 5′

 

Notes to Tables 16.32.050-A and B: Residential Site Development Standards

* Infill development on a parcel within a previously approved project. Where the city has established specific setback requirements for single-family or multifamily residential parcels through the approval of a specific plan, subdivision map, planned unit development or other entitlement, those setbacks shall apply to infill development and additions within the approved project instead of the setbacks required by this title.

a  On sloping terrain, standards for lot size shall increase with increasing slope as provided in Table 16.20.050-A.

;sup\sup; Area shall be increased to five acres for slope conditions exceeding twenty (20) percent.

c  Width measurements for cul-de-sac or otherwise odd-shaped lots shall be determined on the basis of the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

d  The following floor area ratios shall be adhered to in all zoning districts in addition to lot coverage requirements:

Lot Size Floor Area Ratio (FAR)
0—4,000 square feet net 0.35
4001—7,199 square feet net 0.40
7200—11,999 square feet net 0.50
12000—39,999 square feet net 0.45
40,000 + square feet net

 

The above FAR's shall not apply to condominium or PUD projects where the proposed lot consists of a building footprint.

e  Within a planned unit development, building separations may be reduced to zero feet, provided that fire walls are provided per UBC standards.

f  Unless a minimum of twenty-five (25) percent of the units are reserved for low and moderate income residents, the maximum density of independent living developments shall be eleven (11) units per gross acre (11 du/ac). Congregate and residential care facilities shall have a maximum density of twenty-five (25) dwelling units per gross acre (25 du/ac).

g  The minimum parcel size within the mobilehome district may be reduced to three thousand six hundred (3,600) square feet with a minimum average width of forty (40) feet and a minimum frontage of not less than thirty (30) feet if common open space areas and recreational facilities are provided as part of the subdivision and if the open space areas and recreational facilities are reserved for the exclusive use of residents of the subdivision. Standards for the provision of common open space required to permit a reduction in lot size are as follows:

(1) A minimum of five hundred (500) square feet of common open space and recreational area shall be provided for each residential lot in the subdivision.

(2) The combined square footage of common open space, recreational area, and residential lot area, not including public and private streets and cannon parking areas shall average not less than six thousand (6,000) square feet per lot within the subdivision.

(3) Open space and recreational areas shall be designated on the subdivision map, and shall be located entirely within the subdivision.

h  For two-story buildings average rear yard setback shall be twenty (20) feet. Average includes all buildings along rear property line and is subject to city approval.

;sup\sup; The permitted sixty (60) percent lot coverage includes main and accessory buildings, parking areas, driveways, and covered patios. The remaining forty (40) percent of the total area shall be devoted to landscaping, lawn and outdoor recreation facilities incidental to the development, such as, but not limited to, outdoor recreation game areas, putting greens, patios, walkways and fences.

B.

Special Residential Development Standards.

1.

Public and quasi-public uses within any residential district shall maintain a minimum setback of fifty (50) feet measured from the property line from any single-family district.

2.

In any residential district, front yard setbacks in subdivision developments may be reduced by twenty (20) percent subject to approval of a conditional use permit, provided the average of all such setbacks is not less than the minimum required for the district.

3.

In all residential districts, air conditioners, heating, cooling ventilating equipment and all other mechanical, lighting or electrical devices shall be so operated that they do not disturb the peace, quiet and comfort of neighboring residents and shall be screened from surrounding properties and streets. Additionally, no such equipment with the exception of ground mounted air conditioning, shall be located in the required front yard setback, street side yard setback, or closer than twenty (20) feet to any residential dwelling on adjacent properties. All equipment shall be installed and operated in accordance with all other applicable city ordinances.

4.

Developments of five or more dwelling units in the SF, MF, MFA and MFVH districts shall be required to provide front and street side yard landscaping consisting of predominantly drought resistant plant materials, except for necessary walks, drives and fences. Please refer to Chapter 16.84, Water Efficient Landscape Requirements, for rules and regulations regarding landscape and irrigation, including limitations on the percentage of turf/lawn that can be placed in landscape areas.

5.

In the MF, MFA and MHP districts, a minimum of thirty-five (35) percent of the site area shall be landscaped, consisting of predominantly drought resistant plant materials, and/or provided with an adequate underground irrigation system. Please refer to Chapter 16.84, Water Efficient Landscape Requirements, for rules and regulations regarding landscape and irrigation, including limitations on the percentage of turf/lawn that can be placed in landscape areas. The required landscaping shall include required setback areas and may include outdoor recreation areas.

6.

In the MF, MFA and MFVH districts, multifamily attached or single-family attached dwelling units exceeding one story in height shall maintain a minimum setback of twenty (20) feet from any single-family residential district.

C.

Additional Standards for the Development of Senior Housing Developments.

1.

All senior housing developments within the MFVH district shall be age restricted to senior citizens to the extent permitted by state law.

2.

Within two-story attached residential developments, elevators shall be provided that shall have an alternative back-up power source and meet or exceed minimum state requirements, subject to review by the planning commission.

3.

An internal and/or external security system shall be provided by the developer and reviewed and approved by the chief of police.

D.

Additional Standards for Mobilehome Parks. In addition to any conditions imposed upon the granting of a conditional use permit, the following minimum standards shall apply to mobilehome parks:

1.

The minimum site that may be developed for a mobilehome park shall be five gross acres.

2.

The minimum area for each mobilehome site shall be three thousand six hundred (3,600) square feet with a minimum width of thirty (30) feet.

3.

Mobilehome parks existing as of the date of the original adoption of the ordinance codified in this chapter shall not be deemed nonconforming by reason of failure to meet the minimum development standards prescribed in this section or Table 16.32.050-B, provided that the regulations of this section shall apply to the enlargement or expansion of a mobilehome park.

E.

Additional Performance Standards for Planned Unit Developments.

1.

When lot sizes less than those permitted by the underlying zoning district are proposed for a residential subdivision, a planned unit development permit application (Section 16.16.060) shall be submitted concurrently with the subdivision application.

2.

Lot size, lot width, and lot depth for each unit shall be determined through the planned unit development review process.

3.

Building setbacks required by the underlying zoning district may be reduced or waived for lots created through a planned unit development, provided the required setbacks are used for the perimeter of the project area if necessary to achieve consistency with the character of the district, and the lot coverage requirements of the district are met for the project. In no case shall the minimum separation between buildings on adjacent lots be less than ten (10) feet or less than required by other state or local laws; excepting, however, for adjacent lots where a common wall is shared in a zero lot line attached project.

4.

For zero lot line projects where detached dwelling units are to be constructed upon a lot line, a five foot maintenance easement shall be provided on the adjacent lot, along, and parallel to, the zero lot line dwelling. The easement shall grant access to the owner of the zero lot line dwelling for purposes of maintaining the zero lot line wall.

5.

A planned unit development must meet the following performance standards in order to be approved:

a.

The project shall be unobtrusive and environmentally compatible with adjacent property.

b.

The project shall provide all infrastructure necessary to support the project.

c.

The project shall provide adequate emergency facilities and access.

d.

Circulation systems shall be designed to promote smooth-flowing and nonconflicting vehicular and pedestrian traffic.

e.

The project shall provide adequate and well-landscaped parking and ample drainage facilities.

f.

The project shall provide screening, as required, to separate different land uses, minimize nuisances to and from adjacent property, and guarantee convenient access to preserved open space.

g.

A property owners' association and covenants shall be established to ensure that common areas are owned and maintained by planned unit development property owners.

h.

All signs shall be appropriately integrated with the overall architectural theme of the development.

i.

Pedestrian/bike paths shall provide safe, convenient routes within the development and link with other systems on the perimeter of the site. Unobstructed visibility shall be provided from and of these paths at intersections.

j.

Recreational facilities shall comply with city standards, be made available to residents, and shall be maintained by local property owners. The project shall be designed to group dwellings around common open space and/or recreational features.

k.

Planned unit development design must promote an attractive streetscape and discourage monotonous streets dominated by asphalt, concrete, garages, and cars.

l.

Open space shall be provided in accordance with Table 16.32.050-C and the following requirements:

i.

The area of each parcel of common open space designed for active recreational purposes shall be of such minimum dimensions as to be functionally usable.

ii.

Common open space parcels shall be located convenient to the dwelling units they are intended to serve. However, because of noise generation, they shall be sited with sensitivity to surrounding development.

iii.

Developed Common Open Space. The planning commission and/or city council (if project is appealed or council is decision-making body) may require the installation of recreational facilities, taking into consideration:

(A)

The character of the open space land;

(B)

The estimated age and the recreation needs of persons likely to reside in the development;

(C)

Proximity, nature and excess capacity of existing municipal recreation facilities; and

(D)

The cost of the recreational facilities.

iv.

Undeveloped Common Open Space. As a general principle, undeveloped open space should be left in its natural state. A developer may make certain improvements such as the cutting of trails for walking or jogging, or the provisions of picnic areas, etc. In addition, the planning commission and/or city council (if project is appealed or council is decision-making body) may require a developer to make other improvements, such as removing dead or diseased trees, thinning trees or other vegetation to encourage more desirable growth, and grading and seeding.

v.

The planning commission may permit minor deviations from open space standards when it can be determined that:

(A)

The objectives underlying these standards can be met without strict adherence to them; and/or

(B)

Because of peculiarities in the tract of land or the facilities proposed, it would be unreasonable to require strict adherence to these standards.

vi.

Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the city attorney ensuring that:

(A)

The open space area will not be further subdivided in the future;

(B)

The use of the open space will continue in perpetuity for the purpose specified;

(C)

Appropriate provisions will be made for the maintenance of the open space; and

(D)

Common undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee.

vii.

The type of ownership of land dedicated for common open space purposes shall be selected by the developer, subject to approval of the planning commission. Type of ownership may include, but is not necessarily limited to, the following:

(A)

The city, subject to acceptance by the city council;

(B)

Other public jurisdictions or agencies, subject to their acceptance;

(C)

Quasi-public organizations, subject to their acceptance;

(D)

Homeowner, condominium or cooper-ative associations or organizations; or

(E)

Shared, undivided interest by all property owners in the subdivision.

viii.

If the open space is owned and maintained by a homeowner or condominium association, the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the planned unit development application. The provisions shall include, but are not necessarily limited to, the following:

(A)

The homeowners association must be established before the homes are sold;

(B)

Membership must be mandatory for each home buyer and any successive buyer;

(C)

The open space restrictions must be permanent, not just for a period of years;

(D)

The association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities;

(E)

Homeowners must pay their pro rata share of the cost, and the assessment levied by the association can become a lien on the property if allowed in the master deed establishing the homeowners association; and

(F)

The association must be able to adjust the assessment to meet changed needs.

Table 16.32.050-C
Open Space Requirements for Planned Unit Developments

General Requirement General Requirement General Requirement General Requirement
Private Open Space a (average s.f. per lot) 100-224 225-499 500-999 +1000
Common Open Space a (minimum % of project area) 35% 30% 10% 0%
Usable Open Space a (minimum % of project area) 40% 40% 45% 45%
a See Section 16.04.070 for "Open Space" definitions.

 

F.

Special Use Regulations for the Village Residential District.

1.

New construction or exterior alterations, additions, or modifications of any building or structure within the VR District shall require plot plan review by the planning director prior to the issuance of a building permit. The applicant shall furnish complete elevation details and specifications, plot plan, and other information that may be required by the planning director.

2.

Applications for a home occupation permit shall be reviewed by the planning director to assure that the proposed use will not alter the historic character of the district.

3.

Nothing in this section shall be interpreted to require approval from the planning director in either of the following situations:

a.

Ordinary maintenance or repairs of any structure which does not involve a change in design, exterior material, or original appearance of the structure; or

b.

Any construction, reconstruction, alteration or removal of any feature which has been determined by the building official to be necessary to protect health or safety.

4.

Each applicant for a demolition permit for any building or structure located in the VR district shall first obtain approval from the planning director. No permit shall be issued to demolish any building or structure unless:

a.

The planning director determines that the owner will have no economic use of the property unless the structure is removed. The planning director may require that the applicant submit economic and financial data to support such claim;

b.

The planning director determines that the structure is in such a deteriorated condition that demolition will not have a significant effect on the achievement of the goals of this district; or

c.

The planning director determines, upon consultation with the appropriate city officials, that an imminent safety hazard exists; and that demolition is the only feasible means to secure the public safety.

G.

Special Use Regulations for the Residential Estate District.

1.

Water and Sewer Requirements.

a.

In the RE district, private water wells per individual lot shall be permitted for irrigation and domestic purposes; provided, however, the quantity and quality of such water sources shall be approved by the county health department.

b.

Septic tanks shall be an approved means of disposing of solid waste materials, provided each system is individually engineered to the approval of the city.

c.

Private water wells serving more than one lot may be permitted for irrigation and domestic purposes upon obtaining a conditional use permit that shall provide that the well be located on and may only serve lots that are being created by, or have been created by, one parcel or subdivision map recorded on or after November 13, 1981.

2.

The keeping of two large animals, except swine, for the domestic, hobby or club project requirements only of the residents of the lot upon which such animals are located is permitted. Animal slaughtering or processing of animals for the purpose of providing or supplementing income shall be prohibited. A conditional use permit is required for the keeping of three or more large animals.

3.

Accessory Buildings and Structures.

a.

Accessory buildings and structures shall be permitted in the rear and side yards, provided no building or structure is allowed within one hundred (100) feet of the front lot line, nor within fifty (50) feet of the side or rear property line, nor in any side yard abutting the street.

b.

The maximum allowable height for an accessory building is thirty (30) feet, unless a conditional use permit is approved for a greater height.

c.

Accessory buildings used as guest houses or as barns, stables or farm buildings shall be not less than fifty (50) feet from any side property line, or fifty (50) feet from any rear property line, and not less than one hundred (100) feet from the front property line, nor less than twenty (20) feet from any dwelling unit on the property.

4.

Except for access driveways and walks, there shall be no structures located in the required front yard abutting the street. No boat or trailer shall be kept in the front yard, nor shall the dismantling or keeping of any disabled vehicle in the front or side yard or driveway be permitted, nor shall the storage of any material be permitted.

5.

Fences and walls shall be permitted but shall not be required in the RE district. Such fences or walls shall not exceed six feet in height when located in any required front yard or side yard abutting a street. Such fences shall not restrict the sight distance on any road or driveway entering a public road.

(Ord. 600 § 2, Exh. A (part), 2008; Ord. 584 § 3, Exh. B (part), 2007; prior code § 9-06.050)

(Ord. No. 633, § 5, 6-14-2011)

16.32.060 - Two-unit residential development.

A.

Purpose and Intent.

1.

It is the intent of these regulations to provide opportunities for two units on one legal parcel, consistent with state law and local regulations. In the event of an inconsistency between this section and Government Code Section 65852.21, Government Code Section 65852.21 shall prevail. Provided that Government Code Sections 65852.21 or 66411.7 are not repealed, qualifying two-unit residential development in the single-family zoning districts shall be located, developed, and used in compliance with this section.

2.

In accordance with Government Code Section 65852.21(a)(2), two-unit residential development shall not be permitted under this section in any of the following circumstances:

a.

Parcels located in:

i.

Wetlands;

ii.

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;

iii.

Very high fire severity zones, except if the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development;

iv.

A hazardous waste site, unless the site has been cleared by the state for residential use;

v.

Delineated earthquake fault zones, unless the development complies with applicable seismic protection building code standards;

vi.

Special flood hazard areas (100-year flood zones), unless the site has been subject to a FEMA letter of map revision issued to the city or the site meets FEMA requirement necessary to meet minimum flood plain management criteria of the National Flood Insurance Program;

vii.

A regulatory flood way identified in a FEMA map, unless the development has received a no-rise certification;

viii.

Lands identified for conservation in an adopted natural resource protection plan, habitat for protected species, or under a conservation easement; and

ix.

A historic district or property designated pursuant to a local ordinance or included on the state historic resources inventory.

b.

The proposed development would require demolition or alteration of any of the following types of housing:

i.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to moderate, low, or very low incomes;

ii.

A unit that has been occupied by a tenant within the past three years; and

iii.

A rent-controlled unit.

c.

The proposed development would result in the demolition of more than twenty-five (25) percent of the existing exterior structural walls, unless the site has not been occupied by a tenant in the last three years.

d.

The building official finds that the proposed development would have a specific, adverse impact on public health and safety or the physical environment that cannot be feasibly mitigated or avoided, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5.

B.

Restrictions. A qualifying two-unit residential project shall be subject to the following restrictions:

1.

The development and use of the dwelling units shall only be valid and permitted based on the terms established in the section.

2.

The dwelling unit(s) shall not be rented for a period of less than thirty-one (31) consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one thirty-one-day period of occupancy by the same tenants.

C.

Ministerial Approval of Two-Unit Residential Development Projects.

1.

The community development director or his/her designee shall ministerially review and approve a two-unit residential development application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the two-unit residential development project complies with the requirements contained in this Title 16 and qualifies under Government Code Section 65852.21(a).

2.

In addition to obtaining planning approval for the two-unit residential development project, the applicant shall be required to obtain a building permit, and comply with other applicable construction permit requirements prior to the construction of the dwelling units.

D.

Unit Configurations. The new unit in a two-residential unit development may be permitted in the following configurations. For the purpose of this section, "unit" means any dwelling unit, including, but not limited to, two-unit residential development, additional residential unit, primary residential unit, accessory dwelling unit, or junior accessory dwelling unit.

1.

One new unit incorporated entirely within an existing residential unit.

2.

One new unit incorporated entirely within an existing accessory building, including garages.

3.

One new unit attached to and increasing the size of an existing residential unit or an existing accessory building.

4.

One new unit detached from and located on the same lot as an existing unit. A unit that is attached to another detached accessory building, but not another residential unit, or is attached by a breezeway or porch, is considered detached.

5.

Two newly constructed attached units (duplex) or two detached residential units on a vacant lot.

6.

A two-unit residential development in any of the configurations described above may be added to a newly created lot concurrently with an approval for a parcel map for an urban lot split, pursuant to AGMC Section 16.20.180, Parcel Maps for Urban Lot Splits.

7.

Up to two accessory dwelling units pursuant to AGMC Section 16.52.150, Accessory Dwelling Units, may be proposed in addition to the two units constructed pursuant to this section. One accessory dwelling unit may be added to a lot created through an urban lot split, but only if the resulting lot is larger than ten thousand (10,000) square feet in size.

E.

Parking.

1.

Pursuant to Government Code Section 65852.21(c), one off-street parking space is required per dwelling unit, unless the parcel is located within one-half mile of 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 there is a car share vehicle located within one block of the parcel.

2.

All required parking spaces, driveways, and maneuvering areas shall be paved and permanently maintained with asphalt or concrete to applicable requirements.

F.

Rear and Side Setbacks.

1.

No setback shall be applied to existing structures or structures constructed in the same location and to the same dimensions as an existing structure.

2.

For projects not meeting the requirements of subsection 1 above, a minimum four-foot setback shall be provided from side and rear lot lines.

G.

Objective Zoning and Design Standards for Two-Unit Residential Developments. Government Code Section 65852.21 permits the imposition of objective zoning standards and objective design standards provided the standards do not physically preclude the construction of up to two units of at least eight hundred (800) square feet. Accordingly, the follow objective standards shall apply to two-unit residential development projects:

1.

Massing and Articulation.

a.

Maximum Unit Size: The total gross floor area of the unit(s), excluding garages, shall not exceed the floor-area ratios maximums found in Section 16.32.050 of this title.

b.

Building Separation: detached dwelling units shall have a minimum of ten (10) feet of separation whether the units are on one lot or adjacent lots.

c.

Height: The maximum height of a unit developed pursuant to this section shall be sixteen (16) feet for any structure, or portions thereof, located within the setback of the underlying zoning district. Structures, or any portion thereof, located outside of the setbacks of the underlying zoning district shall conform to the height requirements of that district.

d.

Rooftop decks are not allowed.

2.

Colors and Materials.

a.

The primary cladding shall be stone, brick, fiber cement, composite wood or stone, wood, stucco, or other cementitious material. Plywood, such as T1-11 siding, is prohibited.

b.

Color schemes shall consist of one primary color and at least one secondary color, at a minimum. The roof color shall not be considered a color for purposes of this standard.

3.

Parking and Circulation.

a.

Parking areas shall not be located between a structure and a public sidewalk within the front setback, with the exception of permitted driveways. When parking areas are located in the front yard, outside of the front setback, a landscape buffer of at least ten (10) feet between the sidewalk and parking area shall be provided.

b.

All parking areas serving more than one unit shall be internally connected and shall use shared driveways.

4.

Utility and Service Areas.

a.

All new dwelling units must connect to city utilities in accordance with Section 13.12.060 of Title 13.

b.

Areas for the storage of trash, recycling, and green waste receptacles shall not be visible from the public right of way.

c.

All mechanical equipment shall be either screened or hidden from view from the public street.

(Ord. No. 716, § 3, 6-28-2022)