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Gustine City Zoning Code

CHAPTER 4

22. - RESIDENTIAL ZONING DISTRICTS

Sec. 4-22-010. - Purpose.

This Chapter lists the land uses that may be allowed within the residential zoning districts, determines the type of planning permit/approval required for each use, and provides basic standards for site layout and building size.

Sec. 4-22-020. - Definitions of the residential zoning districts.

The definitions of each residential zoning district and the manner in which they are applied are as follows:

A.

R-E (Residential Estate) zoning district. The R-E district is applied to areas appropriate for large-lot, single-family residential development, together with limited agricultural uses. The maximum allowable density is two dwelling units per acre. The R-E zoning district is consistent with and implements the Residential Estate District land use designation of the General Plan.

B.

R-1 (Single-Family Residential) zoning district. The R-1 zoning district is applied to areas appropriate for neighborhoods of detached single-family homes, and related, compatible uses. The maximum allowable density is 2 - 7 dwelling units per acre. The R-1 zoning district is consistent with and implements the Low Density Residential land use designation of the General Plan.

C.

R-2 (Medium Density Residential) zoning district. The R-2 zoning district is applied to areas appropriate for neighborhoods with a mixture of housing types, including detached single-family homes, zero lot line homes, duplexes, and related, compatible uses. The maximum allowable density is 10 dwelling units per acre. The R-2 zoning district is consistent with and implements the Medium Density Residential land use designation of the General Plan.

D.

R-3 (Multiple Residential Medium/High Density) district. The R-3 zoning district is applied to areas appropriate for a variety of housing types, including small-lot single-family housing, and various types of multi-family housing (for example, duplexes, triplexes, and townhouses). The maximum allowable density is 20 dwelling units per acre. The R-3 zoning district is consistent with and implements the Residential - Medium/High Density land use designation of the General Plan.

E.

R-4 (Multiple Residential High Density) district. The R-4 zoning district is applied to areas appropriate for a variety of higher-density housing types, including small-lot single-family housing, and various types of multi-family housing (for example, triplexes, quadplexes, townhouses, and apartments). The minimum allowable density is 20 dwelling units per acre and the maximum allowable density is 25 dwelling units per acre. The R-4 zoning district is consistent with and implements the Residential - Medium/High Density land use designation of the General Plan.

F.

P-D (Planned Development) district. The P-D zoning district is applied to greenfield areas within the City that are intended for the development of new neighborhoods. As noted by the General Plan, "This use combines residential development densities to allow for a broad range of housing options, while trying to eliminate "cookie-cutter" housing. The P-D zoning district is also intended to provide for new neighborhoods that are based upon traditional neighborhood development (TND) design features. The P-D zoning district is consistent with and implements the Planned Development land use designation of the General Plan. Allowable density is 1 to 6 units per gross acre.

(Ord. No. 525, § 2(Att. A), 2-18-25)

Sec. 4-22-030. - Residential zoning district land uses and permit requirements.

Table 2-1 identifies the uses of land allowed by this Zoning and Subdivision Code in each residential zoning district, and the planning permit required to establish each use, in compliance with Section 4-20-030 (Allowable Land Uses and Permit Requirements).

Note: Where the last column in the table ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning and Subdivision Code may also apply.

TABLE 2-1 - ALLOWED LAND USES AND PERMIT REQUIREMENTS
FOR RESIDENTIAL ZONING DISTRICTS

Land Use 1 Permit Required by DistrictSpecific Use Regulations
R-ER-1R-2R-3R-4P-D 4
AGRICULTURAL & OPEN SPACE USES
Agricultural accessory structure UP 4-44-020
Crop production, horticulture, orchard, vineyard P 3 P 3 P 4
Employee housing, 7 or more residents (with no more than 36 beds in group quarters or 12 units or less) P P P 4-44-220
Farm Animals UP
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Golf course, country club UP P 4
Public and Private Schools UP UP UP UP P 4
Equestrian facility UP P 4 4-44-030
Park, playground UP UP UP UP P 4
Private residential recreation facility UP UP UP P 4
Religious facility UP UP P 4
RESIDENTIAL USES
Accessory dwelling unit P P P P P P 4 4-44-140
Employee housing, 6 or fewer residents P P P P 4 4-44-220
Home occupation P P P P P P 4 4-44-050
Mobile home — In mobile home park P P P P P 4 4-44-080
Mobile home — Outside of mobile home park P P P P 4-44-070
Mobile home park UP UP P 4 4-44-080
Multi-family housing, 2 units P P P P 4 4-44-090
Multi-family housing, 3 or 4 units UP P P P 4 4-44-090
Multi-family housing, 5 or more units P P P 4 4-44-090
Residential accessory use or structure P P P P P P 4 4-44-020
Residential component of mixed use project UP UP P 4 4-44-060
Rooming or boarding house UP UP UP
Single-family dwelling P P P P 5 P 5 P 4 4-30-090
Single-room occupancy housing UP UP
Supportive and transitional housing See Section 4-44-190
RETAIL TRADE
Accessory retail and services UP UP P 4
Neighborhood market UP UP P 4
SERVICES
Community care facility — 6 or fewer clients P P P P P P 4
Community care facility — 7 or more clients UP UP UP P P UP 4
Child day care — Small or large family day care home P P P P P P 4
Child day care center UP UP UP UP P 4 4-44-040
Emergency Shelter P 4-44-210
Low Barrier Navigation Center P
Medical services — Extended care UP UP P 4
Public buildings and uses UP UP UP UP UP P 4
Residential care facility for the elderly (RCFE), 6 or fewer clients P P P P P P 4
Residential care facility for the elderly (RCFE), 7 or more clients UP UP UP P P P 4
TRANSPORTATION, COMMUNICATIONS
& INFRASTRUCTURE
Telecommunications facility S S S S S S 4-44-140, 4-46
Utility facility UP UP UP UP UP P 4
Utility infrastructure P P P P P P 4

 

Key to Zoning District Symbols:

R-E = Residential Estate
R-1 = Single-Family Residential
R-2 = Medium Density Residential
R-3 = Multiple Residential Medium/High Density
R-4 = Multiple Residential High Density
P-D = Planned Development

P = Permitted Use, Zoning Clearance required 2
UP = Use Permit required 2
S = Permit requirement set by Specific Use Regulations
— = Use not allowed

Notes:

1 See Article 9 for land use definitions.

2 Architectural Review may also be required; see Section 4-52-020.

3  Allowed without Zoning Clearance if use complies with all other applicable requirements of the Municipal Code.

4  Use allowed in the PD zoning district only when authorized through Planned Development Permit approval.

5  Single family use permitted in R-3 and R-4 zones when developed as small lot housing.

(Ord. No. 479, § 6, 3-6-18; Ord. No. 511, § 5, 10-19-21; Ord. No. 514, § 1, 3-15-22; Ord. No. 525, § 2(Att. A), 2-18-25)

Sec. 4-22-040. - Residential zoning district general development standards.

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements of this Section, and those in Articles 3 and 4 of this Zoning and Subdivision Code.

A.

Subdivision standards. A subdivision proposed within a residential zoning district shall comply with the standards in Table 2-2, except that where a different minimum lot size is required by Article 4 for a specific land use, the standards of Article 4 shall control.

TABLE 2-2 - RESIDENTIAL ZONING DISTRICT MINIMUM LOT SIZE

Zoning DistrictMinimum Lot Size
Area
(net in sf)
Width
(feet)
Depth
Interior LotCorner Lot
R-E 15,000 100 100 No less than 1.5 times the width nor more than 3 times the width
R-1 6,000 60 65
R-2 7,500 1 60 65
R-3 7,500 1 60 65
R-4 4,000 1 60 65
PD 7,500 to 15,000 1 65 6

 

Notes:

1 A condominium, townhome, or other small lot housing project may be subdivided with smaller parcels for ownership purposes, with a minimum lot area of 2,000, provided that the overall development site complies with the lot area requirements of this Chapter, and the total number of dwellings is in compliance with the minimum and maximum density established by underlying General Plan designation.

B.

Site planning and building standards, R-E, R-1, R-2, R-3, and R-4 zones. Development proposed within the R-E, R-1, R-2, R-3, and R-4 zones shall comply with the standards in Table 2-3; except that where different standards are required by Article 4 for a specific land use, the standards of Article 4 shall control.

C.

Standards for the P-D zone. Proposed subdivisions, development, and new land uses within the P-D zone shall comply with the standards adopted as part of the approved Planned Development Permit or specific plan, as applicable. See Section 4-22-050 (P-D District Development Standards).

D.

Use of substandard parcel. A parcel within the R-E, R-1, R-2, R-3, R-4 zones that is substandard with respect to the requirements for new parcels in Subsection A. may be developed only with one single-family dwelling, provided that the parcel was in single ownership on June 21, 1965. No new structure shall be allowed on a substandard parcel if the parcel was acquired from the owner of record of contiguous property, or the contiguous owner's transferee after June 21, 1965. Refer to Section 4-72-060.

TABLE 2-3 - RESIDENTIAL ZONING DISTRICT DEVELOPMENT STANDARDS REQUIREMENTS

Development FeatureR-E
Residential
Estate
R-1
Single-Family
Residential
R-2
Medium
Density
Residential
R-3
Multiple
Residential
R-4
Multiple
Residential
PD
Planned
Development
Residential density Maximum number of dwelling units allowed in a project.
Maximum density as per General Plan 2 dwellings per acre 6 dwellings per gross acre 10 dwellings per acre 20 dwellings per acre1 25 dwellings per acre 6 dwellings per gross acre
Minimum density allowed 10 dwellings per acre 20 dwellings per acre
Setbacks Minimum and, where noted, maximum setbacks required. See Section 4-30-090 for exceptions to these requirements, and Chapter 4-42 for setback requirements that apply to specific land uses.
Front 30 ft 20 ft 20 15 15 ft 30 ft
Sides — Interior 20 ft 5 ft 5 ft 5 ft 5 ft 20 ft
Side — Street side 25 ft 15 ft 15 ft 15 ft 15 ft 25 ft
Rear 20 ft, 1,000 sf left uncovered on rear ⅓ of lot 10 ft, 800 sf left uncovered on rear ⅓ of lot 15 ft 15 ft 15 ft 20 ft, 1,000 sf left uncovered on rear ⅓ of lot
Accessory structures See Section 4-44-020 (Accessory Buildings and Uses) and Section 4-44-030 (Residential Accessory Uses and Structures)
Lot coverage Maximum percentage of total lot area that may be covered by structures
35% 40% 50% 60% 70% 35%
Height limit Maximum allowable height of structures. See Section 4-30-040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height 30 ft 30 ft 30 ft 35 ft 35 ft 30 ft
Landscaping See Chapter 4-34 (Landscaping Standards)
Parking See Chapter 4-36 (Parking and Loading)
Signs See Chapter 4-38 (Signs)

 

(Ord. No. 479, § 7, 3-6-18; Ord. No. 492, § 2, 7-2-19; Ord. No. 525, § 2(Att. A), 2-18-25)

Sec. 4-22-050. - P-D district development standards.

Proposed development and new land uses within the P-D zoning district shall be planned and designed in compliance with the standards of this Section.

A.

Permit requirements. Development within a P-D zoning district shall be authorized through the City approval of:

1.

A specific plan in compliance with the requirements of Government Code Section 65450 et seq., the design objectives of Subsection B., and all other applicable requirements of this Zoning and Subdivision Code; or

2.

A Master Plan and Precise Development Plan approved in compliance with Section 4-52-080 (Master Plan and Precise Development Plan).

The specific plan or Master Plan/Precise Development Plan shall determine the specific allowable land uses and development standards applicable to the proposed site.

B.

Design objectives. Proposed development and new land uses within the P-D zoning district shall be designed to provide complete, pedestrian-oriented neighborhoods, with the following characteristics.

1.

A distinct neighborhood center that provides a neighborhood square, green, or park, together with a civic facility such as a community center or school. The neighborhood center shall be located so that a minimum of 80% of the dwellings within the new neighborhood are within one-fourth mile of the center.

2.

Streets with sidewalks, and planter strips between curb and sidewalk, planted and maintained with canopy street trees.

3.

An interconnected street system that provides multiple pedestrian and vehicle access points between each new neighborhood and the existing community street system.

4.

A variety of housing types, including detached single-family homes of varying sizes and design, together with lower density multi-family housing, provided that multi-family housing may only include single-story uses, or townhouses, but shall not include stacked flats. The density of housing shall be highest adjacent to neighborhood centers, and shall be the lowest at neighborhood edges.

5.

All buildings designed so that they address the street, with residential structures designed to locate only habitable interior space adjacent to street setbacks. Garages shall be set back from building facades adjacent to streets, and accessed by driveways from the street, or from alleys.

6.

Developments within the PD Zone District may deviate from lot sizes and other development standards where a higher quality development with unique amenities are proposed. Higher quality development and unique amenities shall be determined by the City Council and as may be recommended by the Planning Commission.

Sec. 4-22-070. - Required replacement of affordable units.

A.

Replacement housing shall be provided on the site of a housing development as required by California Government Code Section 65583.2(g)(3), which meets the following conditions:

a.

Rental housing is now located or was located on the site at any time in the five-year period preceding the date of submittal of the density bonus application; and

b.

The rental housing is or was during that five-year period:

c.

Subject to a recorded covenant, ordinance, or law restricting rents to levels affordable to very-low- and lower-income households; or

d.

Subject to any form of public rent or price control; or

e.

Occupied by very-low- or lower-income households.

B.

As required by California Government Code Section 65583.2(g)(3), replacement units shall be:

a.

Affordable to the same or lower income level as a condition of any development on the site; and

b.

Consistent with the criteria set forth in set forth in Government Code Section 65915(c)(3).

(Ord. No. 525, § 2(Att. A), 2-18-25)

Sec. 4-22-080. - Permitted lower income housing.

A.

The Director shall prepare and maintain a list of lots that meet the requirements of Government Code Section 65583.2(c) and 65583.2(h), a copy of which shall be available in the office of the Director and the City's website.

B.

Residential development that includes at least 20 percent of the units as housing affordable to lower-income households shall be permitted on lots that meet the requirements of Government Code Section 65583.2(c), (h) and (i) shall be permitted by-right. The development shall provide at least 16 dwelling units per site and have a minimum density of 20 dwelling units per acre.

C.

Sites must comply with the development standards of their designated zoning district.

(Ord. No. 525, § 2(Att. A), 2-18-25)