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Del Rey Oaks City Zoning Code

CHAPTER 17

08 - R-1 DISTRICTS

17.08.010 - Regulations for R-1 districts.

The following regulations shall apply in all R-1 districts and shall be subject to the provisions of Chapter 17.36.

(Prior code § 11-204.1 (part))

17.08.020 - Permitted uses.

In the R-1 districts, the following uses are permitted:

1.

One-family dwellings; public parks and playgrounds; and home occupations, subject to the prior obtaining of a use permit under the procedures set forth in Section 17.04.080;

2.

Two-family dwellings, schools, churches, libraries, institutions, clinics for treatment of human ailments, nurseries and greenhouses when such uses will not be detrimental to the neighborhood in which they are to be located and subject to securing a use permit in each case;

3.

Accessory buildings and uses on the same lot with any of the above uses; provided, however, that no accessory building shall be constructed on a vacant lot unless concurrently with the construction of the main building.

(Prior code § 11-204.1(a))

17.08.025 - Conditional uses.

In the R-1 District, Short-Term Rentals shall be permitted, after obtaining a conditional use permit from the Planning Commission.

(Ord. No. 293, § 3, 6-26-2018)

17.08.030 - Building height limits.

In the R-1 districts, buildings shall not exceed 30 feet in height except as otherwise permitted by this Title 17.

(Prior code § 11-204.1(b); Ord. No. 265, § 1 (Exh. A), 5-26-2009)

17.08.040 - Building site area requirements.

In the R-1 districts, each dwelling, together with its accessory buildings, shall comply with the following site requirements and restrictions:

A.

Shall be located on a building site in one ownership having an area of not less than 6,000 square feet: provided, that any parcel of land of a small area under one ownership at the time of the adoption of the ordinance codified in this chapter, shown as a lot on any subdivision map filed in the office of the county recorder of the County of Monterey, prior to the adoption of the ordinance codified in this chapter, when the owner thereof owns no adjoining land, may be used as a building site for one dwelling by the owner of such parcel of land or by his successor in interest, when all other regulations for the district are complied with. In no case shall, there be more than one dwelling on any one lot except as otherwise provided in Section 17.04.060.

B.

The maximum building size shall be as follows:

Lot Sizes: (square feet ("s.f.")) Maximum Building Footprint (House 1st Floor & Garage)/% of Total Site Area Floor Area Ratio (F.A.R.)/Total of All Floor Level Garage/% of Total Site Area
6,000 2,400 s.f./40% 2,700 s.f./F.A.R. 45%
7,000 2,660 s.f./38% 3,010 s.f./F.A.R. 43%
8,000 2,880 s.f./36% 3,280 s.f./F.A.R. 41%
9,000 3,060 s.f./34% 3,510 s.f./F.A.R. 39%
10,000 3,200 s.f./32% 3,700 s.f./F.A.R. 37%
11,000 3,410 s.f./31% 3,960 s.f./F.A.R. 36%
12,000 3,600 s.f./30% 4,200 s.f./F.A.R. 35%
13,000 3,770 s.f./29% 4,420 s.f./F.A.R. 34%
14,000 3,920 s.f./28% 4,620 s.f./F.A.R. 33%
15,000 4,050 s.f./27% 4,800 s.f./F.A.R. 32%
16,000 4,160 s.f./26% 4,960 s.f./F.A.R. 31%
17,000 4,250 s.f./25% 5,100 s.f./F.A.R. 30%
18,000 4,520 s.f./24% 5,220 s.f./F.A.R. 29%
19,000 4,370 s.f./23% 5,320 s.f./F.A.R. 28%
20,000 4,400 s.f./22% 5,400 s.f./F.A.R. 27%
21,000 4,410 s.f./21% 5,460 s.f./F.A.R. 26%
22,000 4,510 s.f./20.5% 5,610 s.f./F.A.R. 25.5 %
23,000 to 1 acre + 4,600 s.f./20% 5,750 s.f./F.A.R. 25%
(43,560 s.f.+) 8,712 s.f./20% 10,890 s.f/F.A.R. 25%

 

Note: Any accessory building, including, but not limited to, sheds, or combination thereof, as permitted under Municipal code section 17.36.010(A), consisting of 120 square feet or less shall not count against the floor area, however, any such building(s) in excess of 120 square shall have all of its area included in the maximum building footprint.

(Prior code § 11-204.1(c); Ord. No. 265, § 1 (Exh. A), 5-26-2009)

17.08.050 - Front yard requirements.

In the R-1 districts, each lot shall have a front yard not less than 20 feet in depth; provided, that in case a building line for the street upon which the lot faces is established by the street and highway plan of the master plan of the city, then the front yard shall have a depth of not less than that specified thereby.

(Prior code § 11-204.1(d))

17.08.060 - Side yard requirements.

In the R-1 districts, each lot shall have side yards each having a width of not less than ten percent of the lot width but not less than six feet, except as follows:

A.

On any parcel of land of an average width of less than 60 feet, which parcel was under one ownership at the time of, or is shown as a lot on any subdivision map filed in the office of the county recorder of the County of Monterey prior to the adoption of the ordinance codified in this chapter, when the owner thereof owns no adjoining land, the width of each side yard may be reduced to ten percent of the width of each parcel, but in no case to be less than five feet;

B.

On a corner lot adjacent to a key lot the side yard on the street side of such lot shall have a width of not less than 50 percent of the front yard depth required for the lots to the rear of such corner lot, to a maximum of ten feet for such side yard, but this regulation shall not be so applied as to reduce the buildable width, after providing the required interior side yard, of any such corner lot to less than 15 feet;

C.

In case a dwelling is so located on a lot that the front or rear thereof faces any side lot line, such dwelling shall not be less than 15 feet from such lot line.

(Prior code § 11-204.1(e); Ord. No. 265, § 1 (Exh. A), 5-26-2009)

17.08.070 - Rear yard requirements.

In the R-1 districts, each lot shall have a rear yard of a depth of not less than 20 percent of the depth of the lot, to a maximum required depth of 20 feet.

(Prior code § 11-204.1(f))

17.08.080 - Building area requirements.

In the R-1 districts, each building erected as a dwelling house shall have not less than 900 square feet of floor area excluding garages and porches.

(Prior code § 11-204.1(g))

17.08.090 - Garage requirements.

In the R-1 districts:

A.

Each building constructed as a dwelling house shall have not less than 288 square feet of floor area for garage purposes, either as an accessory building or as a part of the main structure on said lot and no carports shall be permitted in any R-1 district in the city.

B.

No carport or structure intended for the storage of motor vehicles other than attached or detached enclosed garages shall be allowed in the city.

(Prior code § 11-204.1(h); Ord. No. 265, § 1 (Exh. A), 5-26-2009)

17.08.100 - Auxiliary housing.

In the R-1 districts, one auxiliary housing unit, as defined in Section 17.04.160 within, attached to or detached from an existing single-family dwelling, subject to first obtaining a use permit and provided that all of the following requirements or conditions are met:

A.

Lot Size. The existing single-family lot size in question shall be at least 8,000 square feet;

B.

Unit Size. The auxiliary housing unit shall not exceed 450 square feet in floor area;

C.

Parking. One additional on-site parking space shall be provided for the auxiliary unit;

D.

Occupancy. The owner(s) of the property shall reside within either the principal single-family dwelling unit or the auxiliary housing unit and the other unit shall be for rental purposes only; provided, however, should this condition fail at some time following the issuance of the use for some reason beyond the control of the owner(s), i.e., death, incompetency, foreclosure, etc., there shall be allowed a one-year period of time thereafter to correct said failure and restore said condition;

E.

Design Review. All exterior alterations, including, but not limited to, parking, driveway location, landscaping, fencing, garbage storage areas, etc., shall be approved by the architectural review board;

F.

Driveway. There shall be only one driveway to serve both units (i.e., only one driveway entrance from the street) unless otherwise specifically permitted in the use permit;

G.

Zoning Regulations. All applicable zoning regulations, including, but not limited to, building height, setbacks, minimum lot size, width and depth, lot coverage, and regulations for attached accessory structures, etc., shall apply to the addition or construction of an auxiliary housing unit;

H.

Detached Setback. Any detached auxiliary housing unit shall be separated from the principal dwelling by a minimum setback of at least six feet;

I.

Building Code. Any existing single-family dwelling on the site and to which an auxiliary housing unit is to be attached or included within shall be made to comply with minimum city building and housing code standards, to the satisfaction of the building inspector, including the installation of some detector devices in both units;

J.

Fees. All applicable development fees shall apply to the auxiliary unit;

K.

Signs. Street number signs for each unit, principal and auxiliary, shall be provided in such a manner as to be visible from the street to the satisfaction of the chief of police;

L.

Utility Meters. Each unit, principal and auxiliary, shall be provided with separate utility (electricity, gas and water) hook-ups and meters, and no occupancy of the auxiliary unit shall take place until all conditions set forth in this section are satisfied.

(Prior code § 11-204 (part))