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Delano City Zoning Code

CHAPTER 20

4 - RESIDENTIAL DISTRICTS

Sections:


20.4.10 - Purpose and intent.

1.

The General Plan outlines goals, objectives, and policies regarding the character of residential land uses and development. It is the purpose of this Chapter to provide regulations that implement those goals, objectives and policies that will assure availability of a wide range of residential housing opportunities and dwelling unit types to meet the needs of present and future City residents of all socioeconomic groups.

2.

It is also the intent of this Chapter to ensure adequate light, air, privacy, and open space for each dwelling, minimize traffic congestion, avoid overloading of utilities resulting from the construction of buildings of excessive bulk or number in relation to the surrounding land area, protect residential properties from objectionable noise, illumination, unsightliness, odors, smoke and other deleterious influences; and facilitate the provision of utility services and other public facilities commensurate with anticipated population, dwelling unit densities, and service requirements.

20.4.20 - Residential development districts.

1.

Residential Agricultural (R-A) District. The primary purpose of the RA zone district is to provide for and protect a rural atmosphere and lifestyle. This zone district is intended as an area for development of low density, large lot, single-family detached residential dwelling units at a maximum allowable density of one dwelling unit per two and one-half net acre. This Chapter further establishes development standards, as depicted on Table 4.B, for the RA zone districts depicted on the City Zoning Map.

2.

Single-family Residential (R-1) District.

a.

The primary purpose of the R-1 zone district is to provide for and protect the atmosphere and lifestyle associated with detached, single-family residential neighborhoods. This zone district is intended as an area for detached single-family residential small lot developments at a maximum allowable density of five dwelling units per gross acre. The Chapter further establishes minimum development standards, as depicted on Table 4.B, for the R-1 zone districts depicted on the City Zoning Map.

b.

Second dwelling units, in addition to existing primary structures, are permitted within the "R-A" and "R-1" zone districts pursuant to the provisions of Section 20.11.200 (Second Dwelling Units) of this Title.

3.

Light Multiple-Family Residential (R-2) District. The primary purpose of the R-2 zone district is to provide for a range of housing choices for residents in a more urban setting. The R-2 zone district provides for residential development including small lot single and multiple-family detached and attached residential uses at a maximum allowable density of fourteen dwelling units per net acre. This Chapter further establishes minimum development standards, as depicted on Table 4.B, for the R-2 zone districts depicted on the City Zoning Map.

4.

Multiple-Family Residential (R-3) District. The primary purpose of the R-3 zone district is to provide for the development of multifamily attached residential dwelling units with enhanced amenities (common open space and recreation areas) at a maximum allowable density of twenty-four dwelling units per net acre. This Chapter further establishes minimum development standards, as depicted on Table 4.B, for the R-3 zone districts depicted on the City Zoning Map.

5.

Residential Densities.

a.

The actual density that may be attained in a residential district shall be determined by the residential land development review process and public hearings, as described in Chapters 20.1 and 20.2 of this Title. The Community Development Director and/or the Planning Commission and/or the City Council shall have the authority to reasonably condition proposed residential development to ensure that appropriate transitions are provided and that the proposed development is compatible with adjacent residential land uses, both existing and proposed.

b.

"Threshold densities" as specified by the General Plan may be exceeded up to the "Maximum Allowable Density" for residentially zone districts, pursuant to the provisions of Section 20.10.80 (Density Bonuses) of this Title.

(Ord. No. 2008-1174, § 1(Exh. A), 5-5-2008)

20.4.30 - Use regulations for residential districts.

1.

Table 4.A of this Chapter identifies those land uses or activities that may be permitted in each of the residential zone districts, subject to the provisions of this Chapter, other provisions of this Title, and applicable General Plan policies. Table 4.A also identifies, by zone district, those land uses and activities that are permitted, are permitted subject to an approved Conditional Use Permit, or are prohibited.

2.

Special Use Regulations.

a.

Animals Within Residential Districts.

(1)

It is the general intent of the City to permit the keeping of animals within the City without the creation of a nuisance to surrounding residents and visitors. Animals that may be kept within residential districts are identified in Section 20.11.40 of this Title. Animals not listed in Section 20.11.40 of this Title may be permitted in residential districts subject to City review and confirmation that a nuisance condition will not be created.

(2)

In addition to the provisions of Section 20.11.40 of this Title, all animals, excluding household pets, shall be kept a minimum distance of fifty feet from any street. The location of corrals, fenced enclosures, barns, stables or other enclosures used to confine all such animals shall also conform to this requirement.

b.

In all residential districts, pools, spas, air conditioners, heating, cooling, sauna, or similar mechanical equipment, as well as lighting or electrical devices, shall be located to minimize impact to the peace, quiet and comfort of neighboring residents and shall be screened, where possible, from surrounding properties and streets. All equipment shall be installed and operated in accordance with Chapter 20.10 of this Title and all other applicable City ordinances, standards, and regulations and shall be subject to approval by the Building Official prior to installation.

c.

In R-1, R-2 and R-3 zone districts, for development of four or more dwelling units, required front and street side yards shall be landscaped, and shall consist predominantly of drought-tolerant plant materials except for necessary walks, drives and fences.

d.

No portion of any building may protrude into the front setback unless the following conditions are met:

(1)

Architectural projections, such as porch roofs, awnings, canopies, and roof overhangs, may project over the required front yard setback, but not more than ten percent thereof.

(2)

Uncovered porches, platforms, or landing places that do not extend above the level of the first floor of the building may extend into any front yard not more than six feet, an openwork railing not more than thirty inches in height may be installed or constructed on any such porch, platform, or landing place.

Table 4.A
Uses Permitted Within Residential Districts

Legend

Not Permitted

P

Permitted Subject to Section 20.2.65 — Site Plan Review except for single-family residences, ADU and JADU in all residential zones.

C

Permitted Subject to Approval of a Conditional Use Permit application

USES R-A R-1 R-2 R-3
A. RESIDENTIAL USES
 1. Single-family Dwelling
   a. 1 Single-family Dwelling P P P
   b. Accessory Dwelling Unit (per Section 20.11.200 if this title) P P P P
 2. Multifamily Dwellings P P
 3. Mobilehome Subdivision C C C C
 4. Mobilehome Park C C C
 5. Boarding/Rooming House (7 or more residents) C C
 6. Senior Independent Living C C C C
 7. Board and Care Facility (12 or more residents) C C
 8. Residential Congregate Care Facility (up to 6 residents) C C C
 9. Senior Congregate Care, Assisted Living (7 or more residents) C C C
 10. Convalescent Care (7 or more residents) C C C
 11. Bed and Breakfast Inn C C C C
 12. Emergency and Homeless Shelters P
 13. Special Needs Housing P P P P
 14. Transitional and Supportive Housing P P P
B. COMMERCIAL USES
 1. Hotels, Motels C
 2. Equestrian Centers, Riding Academies, and Commercial Stables; when associated with an equestrian subdivision C C
 3. Fireworks Stand, subject to the provisions of sect. 20.11.160 of this Title P P P P
 4. Oil & Gas exploration and production C C C C
 5. Parking lots on a parcel adjacent to and for the use of a commercial property where inadequate parking exists C C
C. PUBLIC/QUASI-PUBLIC USES
  1. Day Care Facilities (per State law and Chapter 20.11.130) P P P P
 2. Post Office Branch C C C
 3. Churches C C C C
 4. Clubs, Lodges, Fraternities/Sororities C C C C
 5. Educational Institutions (public and private) C C C C
 6. Fire and Police Stations C C C C
 7. Public Libraries and Museums C C
 8. Public Parks and Recreation, unless project otherwise entails a public hearing, then Permitted C C C C
 9. Public Utility and Public Service substations, reservoirs, drainage sumps, pumping plants, transmission lines, and similar installations not including public utility offices, unless project otherwise entails a public hearing; then Permitted 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 C C C C
D. HOME OCCUPATIONS
 1. Home Occupations (subject to the provisions of Section 20.11.170 and the issuance of a Home Occupation Permit) P P P P
E. TEMPORARY USES
 1. Temporary Uses (subject to the provisions of Section 20.2.90 and issuance of a Temporary Land Use Permit) P P P P
F. ACCESSORY USES
 1. Accessory uses and structures located on the same site as a permitted use P P P P
 2. Other accessory uses and structures located on the same site as a use permitted subject to a Conditional Use Permit C C C C
 3. Antennas and Satellite Dishes; subject to Section 20.11.80 of this Title P P P P
 4. Guest Quarters/Second Unit P P
 5. Private Garage P P P P
 6. Private Swimming Pool, Tennis Court P P P P
 7. Recreational Vehicle Storage Yard (Associated with Residential Development) C C C C
 8. Feed and Tack Stores accessory to Commercial Stables C
 9. Dormitories accessory to Educational Institutions C C C C
G. AGRICULTURAL USES
 1. Commercial Agricultural Cultivation P C
H. Other uses similar to, and no more objectionable than the uses identified above, subject to the provisions of Section 20.1.90 of this Title

 

Table 4.B
Residential Site Development Standards

R-A R-1 R-2 R-3
1. Minimum lot area
(Net area in sq ft)
a.
b.
interior
corner
108,900
108,900
6,000
6,500
9,000
9,500
12,000
12,500
2. Minimum lot width a.
b.
interior lot
corner lot
200'
200"
60'
65'
75'
80'
90'
100'
3. Minimum lot depth 400' 100' 100' 100'
4. Minimum front yard setback (Note 8)
a.
b.
Lot adjacent to a straight street
Cul-de-sac lot or knuckle lot
40'
40'
15' (20')
15' (20')
20'
20'
20'
20'
5. Minimum interior side yard setback
a.
b.

c.
d.
1 story
Any portion of a structure exceeding 1 story
Cul-de-sac lot or knuckle lot
Accessory Dwelling Unidt
25'
25'
25'
4'
5'
5'
5'
4'
5'
10'
5'
4'
5'
10'
5'
4'
6. Minimum front yard setback (Note 8)
a.
b.
corner lot
reverse corner lot
30'
30'
10'
15'
15'
10'
15
15
7. Minimum rear yard setback:
a.
b.
c.
Lot with alley
Lot with no alley
Accessory Dwelling Unit
N/A
40'
4'
5'
10'
4'
5'
10'
4'
5'
10'
4'
8. a.
b.
Maximum lot coverage
Accessory Dwelling Units less than 800 s.f.
25%
N/A
40%
N/A
50%
N/A
60%
N/A
9. a.

b.
Maximum height for buildings and structures
Accessory Dwelling Unit
50'
16'
35'
16'
35'
16'
35'
16'
10. Minimum distance between buildings 10' 10' 10' 10'
11. Minimum dwelling unit size (square feet)
For Apts. See Notes below
1,450 1,100 650 650

 

Notes:

1.

Minimum lot width in RA, R-1, and R-2 zone district along the arc of the front property line shall be 35' for cul-de-sac lots and 40' for knuckle lots.

2.

Minimum building setback from the centerline of sub-standard streets shall be 55' for R-1 lots and 65' for RA lots.

3.

A one-hour fire wall, approved by the Building Official, reduces the minimum distance between buildings within PD zone to 0' and 5' for all other residential zones

4.

Minimum apartment size is: (i) studio - 450 sq. ft.; (ii) 1 bedroom - 650 sq. ft.; and (iii) 2-bedroom, - 800 sq. ft. + 120 sq. ft. for each additional bedroom in excess of two.

5.

In a R-1 subdivision with 13 or more lots, 20% of the lots can be reduced to 5,000 sq. ft. provided the average lot size for the entire subdivision is 6,000 sq. ft. Said lots shall be a minimum of 50 feet wide for a 5,000 sq. ft. lot.

6.

In an R-1 zone district, the garage may be placed no less than 20 feet from the front property line and not less than 25 feet from the rear of the adjacent sidewalk.

7.

Development on lots created legally prior to 1972, which can be proven by title report, shall be permitted with proper building permits obtained.

8.

Fifteen feet for living space and side-loading garages and 20 feet for front-loading garages for single-family residential only.

(Ord. No. 2013-1262, § 1(Exh. A), 5-20-2013; Ord. No. 2015-1275, § 1(Exh. A), 6-15-2015; Ord. No. 2017-1294, § 1(Exh. 2), 11-20-2017; Ord. No. 2020-1320, § 1(Exh. 1), 10-19-2020)

20.4.40 - Condominium, townhouse, and apartment developments.

1.

Additional Standards for Condominium, Townhouse, and Apartment Developments.

a.

All condominium and condominium conversion projects shall comply with the provisions of Section 20.10.50 (Condominiums and Condominium Conversions) of this Title.

b.

Any proposal for a condominium conversion shall include a set of original construction plans for the building(s) as part of the initial application for conversion.

c.

For all condominium conversions, an on-site inspection shall be made by City Building, Engineering, Fire, and Planning staff to determine whether the design criteria set forth in this Chapter has been met. Such inspections shall be made after the initial application but prior to any approval of the primary entitlement.

d.

Condominium, townhouse, and apartment developments shall comply with the latest City adopted Uniform Building Code, Uniform Mechanical Code, Uniform/International Plumbing Code, National Electrical Code, Uniform Fire Code, and all other applicable codes, ordinances and regulations in effect.

e.

Within for sale projects, including condominium conversions, separate utility services shall be provided to each dwelling unit.

f.

When carports are provided for a condominium, townhouse, or apartment development, a minimum of two hundred sixty cubic feet of enclosed storage space shall be required for each carport.

g.

All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which is determined by the Building Official to be a source of structural vibration or structure-borne noise, shall be ground-mounted, and shall be shock-mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official.

h.

Where a multiple-family dwelling, including incidental or required accessory uses, abuts property in an RA or R-1 zone district, a masonry wall six feet in height shall be required along the property line between such use and the RA or R-1 zone district.

i.

The Planning Commission or the City Council may require a greater setback as part of a project's design due to the size, width, or length of a building and its relationship to a street or intersection of two streets. In addition, a greater setback may be required to ensure compatibility with contiguous land uses.

(1)

In the case of a dwelling structure designed with a patio above the first floor level, such patio shall be permitted to extend only a maximum of six feet into the required side or rear yard setback area, provided the remaining distance between the patio and the property line is at least ten feet.

(2)

The required side or rear yard setback area may be used for patio purposes.

(3)

The front yard setback area, as well as the side yard setback area, when adjacent to a street, shall not be used for parking. Vehicular access to designated parking areas for the property shall be limited to driveways, as defined in Section 20.13.60.7.b. of this Title.

2.

Specific Development Standards.

a.

Parking Requirements.

(1)

Parking for each residential development shall be provided in compliance with Chapter 20.13 of this Title.

(2)

Assigned parking shall be provided within for sale projects, including condominium conversions.

(3)

On-street parking shall not be used to satisfy any of the above parking requirements.

(4)

Tandem parking shall not be permitted.

b.

Landscaping.

(1)

All required front, side and rear yards, subject to approval by the Community Development Director, shall be landscaped with drought resistant trees, shrubs and ground cover in accordance with the provisions of this Title and shall be completed prior to a Final Inspection or a Certificate of Occupancy.

(2)

All landscaping shall be provided with a permanently maintained irrigation system installed in a manner approved by the Building Official. Said irrigation system shall be operational prior to issuance of a Final Inspection of a Certificate of Occupancy.

c.

Open Space. Each residential development shall provide outdoor open space for recreation and leisure activities within the development site in the following manner:

(1)

Outdoor open space shall comprise not less than twenty-five percent of the net acreage. Public or private driveways, parking spaces, or other areas designed for operational functions are not considered open space. These open spaces may include game courts or room, swimming pools, gardens, sauna baths, tennis courts, putting greens, play lots, outdoor cooking areas, lawn bowling and setback areas with dimensions greater than fifteen feet. It is the intent of the City to encourage provision of facilities to accommodate children of all ages, wherever appropriate.

(2)

Private patios or balconies attached to individual dwelling units may be computed as required outdoor open space provided the minimum dimension is at least ten feet and the minimum area is one hundred fifty square feet.

(3)

Swimming pools with related deck areas, wading pools, fish ponds, volley ball courts, tennis courts, barbecue areas, game rooms, or other recreational facilities provided for the common uses of all the residents may be constructed within the required outdoor living space; however, such facilities shall not occupy more than fifty percent of the required outdoor living space.

(4)

Under all conditions, the open spaces created pursuant to the provisions of this chapter shall remain open and available for such use during the life of the development.

d.

Private Open Space. Each condominium, townhouse, or apartment dwelling unit shall have a minimum private open space of one hundred fifty square feet with a minimum dimension of ten feet. For units designed above the ground units, one or two balconies, with a combined minimum area of one hundred square feet, shall be provided.

e.

Pedestrian Circulation. A pedestrian circulation system shall be incorporated into the residential development design for the purpose of providing direct access to and from all individual dwelling units, trash storage areas, parking areas, recreational areas and other outdoor living spaces. The circulation system is subject to review and approval, and shall be developed with a combination of the following development standards:

(1)

A public sidewalk system shall be developed adjacent to all public streets with a minimum width in accordance with City standards.

(2)

The interior walkway system shall include pedestrian walks or paths consisting of varying widths designed to provide curvilinear forms wherever possible. The minimum width of interior pedestrian walks and paths shall be four feet. Walkway systems shall utilize materials such as concrete, brick, flagstone or other materials approved by the City.

(3)

Bike Paths.

f.

Security Fencing. Security fencing shall be installed around the perimeter of the site when adjacent to commercial, industrial, and/or single-family residential uses. Maximum height shall be six feet except within the required front street or side street setback area where the maximum height shall be forty inches. The design and materials for said security fencing shall be approved by the Community Development Director prior to construction.

g.

Laundry Facilities. For sale projects shall be required to provide laundry facilities for washers and dryers within each residential unit. In the case of apartments, laundry facilities for washers and dryers shall be installed within each residential unit, unless common laundry facilities are provided within each building located within the complex.

h.

Lighting. All garages, walkways, and driveways shall be lighted during the hours of darkness as follows:

(1)

Garages. At least one, sixty-watt light for each two spaces, located inside the garage;

(2)

Walkways from parking areas to dwelling units. One hundred-watt light per thirty-five linear feet of walkway;

(3)

Driveways and alleys. One hundred-watt light per fifty linear feet of alley or driveway; and

(4)

Fixtures for all lights shall be of the type that are protected from breakage.

i.

Trash Collection Areas. Trash collection areas shall be provided within two hundred feet of the furthest unit to be served; such collection areas shall be situated to eliminate, insofar as possible, noise and visual intrusion on adjacent property as well as to eliminate fire hazards to adjacent structures. Further, all trash and garbage collection areas, within residential developments, shall comply with the requirements of Section 20.10.290 (Screening Requirements) of this Title.

j.

Security Devices. Each door providing ingress and egress to any dwelling unit subject to this ordinance shall be equipped with the following devices:

(1)

A peephole allowing a person inside the unit to see, at a wide angle, persons outside of the unit at the door, without the person inside being seen.

(2)

A deadbolt lock attached to the construction studding. Attachment to the doorjamb or trim shall not be sufficient to comply with the terms of this ordinance.

k.

Maximum Number and Dimension of Connecting Units. No more than eight units for single-story and sixteen units for two-story structures may be connected together. Each building may not exceed two hundred feet in any direction.

l.

Development standards for the interface between multifamily residential and single-family residential shall be as follows:

(1)

Outdoor recreational areas, game courts, pools, and solid waste collection areas on multifamily properties shall be oriented away from adjacent properties.

(2)

Multifamily parking areas, garages, other structures, and access drives shall be separated from adjacent properties planned for single-family residential with ten-foot landscaped setback containing deciduous and evergreen trees.

(3)

Exterior area lighting for nonresidential land uses shall be shielded to prevent line of sight visibility of the light source from abutting property planned for single-family residential.

(4)

Multifamily buildings greater than fifteen feet in height shall be prohibited within twenty-five feet of abutting property planned for single-family residential. An additional ten feet of setback shall be required for each additional story.

(Ord. No. 2008-1174, § 1(Exh. A), 5-5-2008)

20.4.50 - Commercial agricultural cultivation uses.

1.

Purpose and Intent.

a.

It is the purpose and intent of this section to provide an opportunity for interim use of residentially-zoned lands within City limits until such time as the development market supports the intended development of said lands.

b.

Commercial agricultural cultivation may be allowed with a conditional use permit on an interim basis only where the impacts of an agricultural operation will not be detrimental to the health, safety, peace, or general welfare of persons residing or working in the surrounding area.

c.

Commercial agricultural cultivation allowed by this section is secondary to its availability for urban development and should be available for development as an urban use when market conditions improve for such a use.

d.

Use of a subject site for crop cultivation for an interim period does not result in the land being construed as an agricultural resource requiring protection or preservation.

e.

If residentially zoned, the land, regardless of the status of its agricultural use, will be considered in the City's Housing Element and the Regional Housing Needs Assessment (RHNA) as available land for residential use.

f.

It is the intent of this section to limit the use to an initial ten-year term with the option to consider ten-year extensions. At the discretion of the Planning Commission these time periods may be modified and/or reviewed, including a lesser time for the initial term and extensions thereof.

g.

This section shall not be construed to apply to animal confinement.

2.

Definitions.

a.

Commercial Agricultural Cultivation: Agricultural use that results in the production of quantities of crops greater than what could be reasonably consumed in personal or household use and/or crops that are produced with the intent to sell commercially.

b.

Non-commercial Agricultural Cultivation: Agricultural use that results in the production of quantities of crops that are no greater than what can be reasonably consumed for personal or household [use]; it typically includes tree orchards and flower and vegetable gardens for personal or household use.

3.

Development Standards.

a.

Commercial Agricultural Cultivation is a permitted use in the "R-A" (Residential Agricultural) zone district. Commercial Agricultural Cultivation is permitted upon approval of a conditional use permit application pursuant to Chapter 20.2.50 of this Title in the "R-1" (Single Family Residential) zone district. This aforementioned section of Title 20 does not apply to non-commercial agricultural cultivation as an accessory use in residential zone districts, or in districts where commercial agricultural cultivation is allowed as a permitted use.

b.

The area to be farmed shall be of adequate size, dimension and topography to accommodate the proposed use, and shall comprise a minimum of forty contiguous acres, which may be a portion of a single parcel or a composition of multiple contiguous parcels under the same ownership.

c.

The applicant/property owner shall not enter into a Williamson Act contract or other agricultural preservation measure, whether for tax reduction or other purposes, during the term of the permitted commercial agricultural cultivation use.

4.

Conditions of Approval. The following conditions of approval will be considered on a project-by-project basis at the discretion of the Planning Commission:

a.

Aerial application of fertilizers, pesticides, or other agricultural treatments is not allowed.

b.

Burning of agricultural waste/trimmings/etc. is not allowed.

c.

Sale of crops on-site is not allowed.

d.

Installation of underground storage tanks is not permitted.

e.

At least ten days prior to the application of pesticides, fungicides, or insecticides, notice will be given to all property owners within three hundred feet of the parcel(s), and notice shall be posted on site along every one hundred feet of street frontage. Notice shall be no smaller than ten inches by twelve inches and with the word "Notice" in eighty-point font.

f.

Best Management Practices to reduce spray drift will be implemented.

g.

Wells, as needed to serve the subject site, are subject to approval by the California Department of Public Health Services and review by the City Engineer.

h.

Irrigation water run-off, if any, shall be contained on site.

i.

The area shall be groomed of weeds and agricultural waste regularly to reduce potential fire hazard, proliferation of pests, and unsightly conditions.

j.

Equipment and vehicles related to the active farming operation of the site shall not be parked in the public right of way.

k.

Vehicular circulation related to the use shall occur on-site.

l.

A minimum twenty-foot wide drive aisle clearance shall be maintained along all property boundaries

m.

A vector control plan must be approved with the Conditional Use Permit and implemented for the term of the agricultural use.

n.

The Planning Commission may consider other conditions as may be appropriate based on the location of the proposed use and may consider limiting some crop types due to impacts of excessive noise, dust, vibration, odors or other effects on surrounding uses.

(Ord. No. 2013-1262, § 1(Exh. A), 5-20-2013)