All uses shall be subject to the general provisions and exceptions prescribed in Chapter 22.34 of this Title.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.17.)

In addition to the objectives prescribed in Section 22.02.010 of this Title the R Residential Districts are included in the zoning regulations to achieve the following purposes:

A.

Reserve appropriately located areas tar residential living in a variety of types of dwellings, at a reasonable range of population densities consistent with sound standards of public health and safety;

B.

Ensure adequate light, air and privacy for each dwelling unit;

C.

Provide adequate amounts of private open space in proximity to each dwelling unit;

D.

Provide space for community facilities needed to complement urban residential areas;

E.

Provide space for institutions which require a residential environment;

F.

Minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them;

G.

Provide necessary space for off-street parking of automobiles and, where appropriate for off-street loading of trucks;

H.

Protect residential properties from the hazards, noise and congestion created by commercial and industrial traffic;

I.

Protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences;

J.

Protect residential properties from fire, explosion, noxious fumes and other hazards.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.0.)

In addition to the purposes prescribed in Sections 22.02.010 and 22.12.020 of this Title, the RR Rural Residential Districts are included in the zoning regulations to achieve the following.

A.

Promote the stability of existing residential neighborhoods of a generally rural nature, which are unique within the community;

B.

Avoid the overloading of existing streets and utilities by preventing the construction of buildings of excessive size and population density in relation to the land around them.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.1(a).)

A.

The Rural Residential District recognizes that each rural residential neighborhood has distinct, definable boundaries, within which a uniform level of zoning standards must be maintained for the benefit and preservation of the entire neighborhood. For each Rural Residential District, a zoning district exhibit map shall be prepared clearly showing the district boundary and incorporated into the zoning ordinance.

B.

Following the procedures as outlined in Chapter 22.46 of this Title, the district boundaries and regulations will be established following a public hearing for which notices of hearing are to be mailed to each owner of real property within the proposed boundary, as indicated by the last equalized assessment roll.

C.

Amendments to district boundaries and/or regulations may be considered following the same procedures for hearing and notice as provided in Subsection B for the establishment of the Rural Residential District. An evaluation shall be made of the potential impact on the entire Rural Residential District in question prior to approving any revision in the boundary of a particular Rural Residential District or of the zoning densities within the boundary.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.1(b).)

Upon the effective date of the ordinance establishing a Rural Residential District, those portions of the district lying outside the incorporated limits of the City are "prezoned" as indicated in Section 22.46.110 of this Title and in accordance with the provisions of the California Government Code, Section 65859. For such properties the zoning will become effective when the annexation becomes effective. The boundaries of the entire Rural Residential Zoning District shall be indicated on the zoning map.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.1(c).)

Conflicts occurring between Sections 22.12.030 through 22.12.070 and other provisions of the zoning regulations codified in this Title and provisions of the subdivision regulations (Title 21) shall be resolved in favor of Sections 22.12.030 through 22.12.070.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.1(d).)

One of the principal features of the rural appearance of existing rural neighborhoods is the manner of existing street improvements; relatively narrow streets, without curbs, gutters or sidewalks and, generally, without piped drainage systems. Preservation of this type and level of street standards appears to be an essential element in the stabilization of rural residential neighborhoods. Therefore, within the boundaries of a Rural Residential District, property owners are exempted from the requirement of the subdivision section for streets and related improvements (Sections 21.08.010 through 21.08.160). In case the public health, safety or welfare of residents of either the Rural Residential District or the community at large should require street improvements beyond those envisioned in this Section and Sections 22.12.030 through 22.12.060, a public hearing shall be held, following the same procedures for notification as specified in Section 22.12.040(B) herein, at which the need for improvements, their potential impact on the entire Rural Residential District in question, and the appropriateness of continuing the Rural Residential Zoning District in question are to be discussed.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.1(e).)

The following uses shall be permitted:

A.

Single-family dwellings in which not more than two paying guests may be lodged and/or furnished meals for a period of 31 days or more and cannot be occupied as a short-term rental unit;

B.

In the R-1.5, R-2.5, and R-3.5 district, multi-family dwellings, as follows:

Table 22.12.080 - Maximum Building Size

C.

Accessory structures located on the same site as a permitted use including private garages and carports, storehouses, garden structures, greenhouses, recreation rooms, and hobby shops; and, when the basic structure is a single-family dwelling, a guest house or accessory living quarters without a kitchen;

D.

Home occupations;

E.

Raising of fruit and nut trees, vegetables and horticultural specialties;

F.

The raising of poultry, rabbits, chinchillas, hamsters, and other small animals in accordance with the regulations outlined in Section 22.58.030;

G.

Except in the R-1.5, R-2.5, R-3.5, and all RR districts, private stables for the keeping of not more than three horses on a site of not less than 80,000 square feet in area, provided that one additional horse may be kept for each additional 40,000 square feet of the site, and provided that no stable shall be located closer than 50 feet to any property line, closer than 50 feet to any dwelling on the site, or closer than 100 feet to any other dwelling;

H.

In the RR districts, private stables for the keeping of not more than two horses on a site of not less than 40,000 square feet in area, provided one additional horse may be kept for each additional 20,000 square feet of the site, and provided that any stable meets the conditions of subsection G above;

I.

In the R-1.5 district only, lodging houses and apartment hotels;

J.

State authorized, certified or licensed family care, foster home, or group home serving six or fewer mentally disordered or otherwise handicapped persons;

K.

State licensed family day care homes;

L.

State licensed transitional housing. State licensed transitional housing shall be considered a residential use of property and shall be subject only to those restrictions and development standards that apply to other residential uses and dwelling types of the same type and in the same zone. Nothing in this provision is intended to permit single-family zoning requirements to be applied to multi-family residential units and vice versa;

M.

Supportive housing. Supportive housing shall be considered a residential use of property and shall be subject only to those restrictions and development standards that apply to other residential uses and dwellings of the same type and in the same zone. Nothing in this provision is intended to permit single-family zoning requirements to be applied to multi-family residential units and vice versa);

N.

Licensed residential care facilities.

(Ord. 1312 C.S., § III (part), 2004; Ord. 1096 C.S., § II, 1987; Ord. 1055 C.S., § 3, 1985; Ord. 1027 C.S., § 1, 1984; Ord. 963 C.S., § 2, 1982; Ord. 822 C.S., § 2 (part), 1975; prior code § 10,103.2)

(Ord. No. 1379 C.S., § 15, 2-19-2014; Ord. No. 1448, § 7, 9-27-2023; Ord. No. 1450, § VI, 12-20-2023; Ord. No. 1463, § V, 10-23-2024)

Editor's note— Ord. No. 1447, § 5, adopted July 19, 2023, repealed § 22.12.084, which pertained to Purpose and derived from Ord. 1312 C.S. § I, 2004.

Editor's note— Ord. No. 1447, § 5, adopted July 19, 2023, repealed § 22.12.085, which pertained to Secondary Housing Units as Permitted Use and derived from Ord. 1335 C.S. § 5, 2007: Ord. 1312 C.S. § III (part), 2004.

The following uses shall be permitted upon the granting of a conditional use permit in accord with the provisions of Chapter 22.40 of this Title:

A.

Temporary real estate offices, construction yards and sheds;

B.

Colleges; nursery schools; private nonprofit schools and colleges, not including art, craft, music or dancing schools or business, professional or trade schools and colleges; churches, parsonages parish houses, monasteries, convents and other religious institutions; public and private philanthropic and eleemosynary institutions, sanitariums and nursing homes; private noncommercial clubs and lodges; golf courses; cemeteries, columbariums and crematories;

C.

Pumping stations, power stations, drainage ways and structures, storage tanks, and transmission lines found by the City Planning Commission to be necessary for the public health, safety or welfare;

D.

Accessory structures and uses located on the same site as a conditional use;

E.

In the R-1.5 district, mobile home parks;

F.

In the R-1.5, R-2.5, and R-3.5 districts, state authorized or certified or licensed small group homes (serving seven to 15 mentally disordered or otherwise handicapped persons);

G.

In the R-1.5 and R-2.5 districts, in the proximity of the Contra Costa County Hospital, group care and rehabilitation facilities (other than state authorized, certified or licensed homes serving mentally disordered or otherwise handicapped persons) serving up to 15 persons;

H.

In the R-1.5, R-2.5, and R-3.5 districts, on sites adjoining major thoroughfares, residential office facilities in existing residential structures or newly constructed compatible structures of residential appearance for the following activities:

1.

Professional offices including accountants, architects, artists, attorneys, authors, engineers, dentists, doctors;

2.

Real estate offices;

3.

Antiques, arts, and crafts sales.

Size and staff of residential office activities shall be limited in scope as appropriate for the residential district in which it is located. Signs shall be limited in size to four square feet maximum size and one sign per site. The Zoning Administrator or Planning Commission shall make the following findings in granting a use permit under this subsection that:

1.

Approval of this use permit will be consistent with objectives of the General Plan;

2.

The construction and/or use proposed will be consistent with and compatible with existing structures and uses on adjoining sites and in the immediate neighborhood;

3.

Approval of this use permit will not result in any adverse environmental impact;

I.

Except in the R-1.5 and R-2.5 districts, dog fancier's permits on sites of 20,000 square feet or more;

J.

Planned unit developments in accord with the provisions of Chapter 22.42 of this Title;

K.

In the R-1.5, R-2.5, and R-3.5 districts only, multiple-family residential structures on sites up to 9,999 square feet in area adjoining, on one or both sides, sites with existing multiple-family residential structures, subject to the following conditions that:

1.

The maximum density shall be the average density (rounded down to a whole unit) of the improved sites adjoining the side lines of the site; however, in no case shall there be less than 1,500 square feet of site area per living unit. Density for corner lots shall be the average of the adjoining lots in the same block on each street frontage;

2.

The architectural and site design of the improvements shall be compatible with existing structures in the neighborhood, and shall be similar in appearance to structures designed to comply with the basic requirements of the zoning district;

3.

A use permit for multiple-family residential structures on sites up to 9,999 square feet shall be granted only upon a minimum of ⅔ vote of the Planning Commission;

4.

The Zoning Administrator or Planning Commission shall make the following findings in granting a use permit under this subsection that:

a.

Specific adjoining and/or surrounding structures and improvements detrimentally affect the site, and that unnecessary hardship, inconsistent with the objectives of this Title, would result from a strict enforcement of the zoning regulations, absent a conditional use permit under this subsection;

b.

The structures and improvements detrimentally affecting the site have an apparent remaining usefulness indicating their continued presence and effect on the site for the foreseeable future;

c.

Approval of this use permit will be consistent with the objectives of the General Plan;

d.

Approval of this use permit will not result in any adverse environmental impact.

5.

In granting of a conditional use permit under this subsection, no condition to this subsection shall be subject to variance.

This subsection is incorporated into the zoning title in recognition of the fact that scattered multiple residential development has occurred over the years within some of the areas zoned R-1.5, R-2.5, and R-3.5 and that some of this existing development can have adverse effects on adjoining or nearby sites. It is the intent of this subsection to provide a mechanism for relief from unnecessary hardships imposed by a combination of the basic zoning provisions and existing developments by providing a means for accomplishing a transition between existing nonconforming multiple residential densities and the planned densities of the zoning district.

L.

"Bed and breakfast inns" operated in conjunction with the provisions of Section 22.04.051, subject to the design review approval of exterior improvements and/or alterations pursuant to Sections 22.34.040 through 22.34.070.

M.

Emergency response residential facilities, such as fire stations and ambulance facilities, where staff live on-site.

N.

Wind generator, subject to the conditions listed below:

1.

A use permit may only be considered for generators serving as an accessory use to a primary residential use. The use of a generator as a business is prohibited (only the sale of surplus power back to the utility that serves the primary residential use is permitted).

2.

A wind generator may not be located in any minimum required yard.

3.

The maximum permitted height, measured as the distance from the maximum height reached by the rotor or tip of the propeller blade down to the grade directly below the blade, is 25 feet.

4.

The colors and materials of the system shall be of muted earthtones, to the extent practical, to minimize the visual intrusion of the equipment into its residential setting.

5.

Noise from the system shall not exceed the requirements of Chapter 8.34, Noise Control.

O.

Homeless shelters, ongoing. Homeless shelters, ongoing, within permitted religious or eleemosynary institutions. In addition to the applicable conditions of use permit approval pursuant to 22.40.070, Homeless Shelters, Ongoing, within permitted religious or eleemosynary institution, are subject to the development and operational standards of Section 22.34.230, Homeless Shelters.

(Ord. No. 1448, § 7, 9-27-2023; Ord. No. 1379 C.S., § 16, 2-19-2014; Ord. 1323 C.S., § II, 2005; Ord. 1066 C.S., § I, 1986; Ord. 1027 C.S., § 3, 1984; Ord. 822 C.S., § 2 (part), 1975; prior code § 10,103.3.)

A.

Garages, carports and other accessory structures may be attached to and have a common wall with the main structure on a site or may be connected with the main structure by a breezeway.

B.

When there is more than one structure on a site, the minimum distance between a structure used for human habitation and another structure shall be 10 feet unless otherwise approved through a variance granted by the Zoning Administrator.

(Ord. No. 1448, § 7, 9-27-2023; Ord. 965 C.S. § 5, 1985: Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.4.)

The minimum site area for residential districts shall comply with the requirements listed in Table 22.12.110.

Table 22.12.110 - Minimum Site Area

Note: *R-3.5 and R-2.5 existing sites with less than the required minimum site area shall be considered in accordance with the provisions of Section 22.12.120.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.5.)

(Ord. No. 1448, § 7, 9-27-2023; Ord. No. 1463, § V, 10-23-2024)

Each site shall have an area of not less than that specified in Table 22.12.120.

Table 22.12.120 - Site Area Per Dwelling Unit

Note: For all zoning districts above, the minimum site area per dwelling unit specified is only for land lying at slopes of ten percent or flatter (as defined in Chapter 22.33, Hillside Development Regulations). For land steeper than ten percent in slope, adjustments must be made to the minimum site area per dwelling unit in accordance with the provisions of Chapter 22.33, Hillside Development Regulations.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.6.)

(Ord. No. 1463, § V, 10-23-2024)

A.

Each site shall have not less than 40 feet of frontage on a public street, except that a corridor access lot having not less than 15,000 square feet of area, exclusive of corridor area, may not have less than 20 feet of frontage.

B.

Each site shall have a depth of not less than 100 feet and shall be of width not less than prescribed in Table 22.12.190.

Table 22.12.190 - Minimum Dimensions

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.8.)

(Ord. No. 1448, § 7, 9-27-2023; Ord. No. 1463, § V, 10-23-2024)

Except as provided herein for the R-1.5, R-2.5 and R-3.5 districts not more than one dwelling unit shall be located on a site.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.9.)

The minimum site area for residential districts shall comply with the requirements listed in Table 22.12.210.

Table 22.12.210 - Maximum Site Area Coverage

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.10.)

(Ord. No. 1448, § 7, 9-27-2023; Ord. No. 1463, § V, 10-23-2024)

The maximum floor area ratio ("FAR") shall comply with the requirements listed in Table 22.12.215.

Table 22.12.215 - Floor Area Ratio

(Ord. No. 1463, § V, 10-23-2024)

A.

The minimum front yard shall comply with the requirements listed in Table 22.12.220 subject to the exceptions listed in subsection B.

Table 22.12.220 - Front Yards

B.

Exceptions.

1.

On a site having an average natural slope of 30 percent or more measured from the established grade of the street at the edge of the existing or proposed pavement to the rear line of the required front yard, a garage or carport may be constructed not less than 15 feet from the edge of the pavement, provided that in no case shall a garage or carport have a front yard of less than three feet.

2.

On corner lots in the R-6.0, R-7.0, and R-7.5 districts, the front yard may be reduced to 15 feet minimum if the structure fronts upon the longer street frontage, provided there is 20 feet between the front of the garage or carport and the front property line. On corner lots in the R-10.0, R-20.0, RR-20.0, R-40.0, and RR-40.0 districts, the front yard may be reduced to 20 feet if the structure fronts upon the longer street frontage.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.11.)

(Ord. No. 1448, § 7, 9-27-2023; Ord. No. 1463, § V, 10-23-2024)

The minimum side yard shall comply with the requirements listed in Table 22.12.230.

Table 22.12.230 - Side Yards

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.12.)

(Ord. No. 1448, § 7, 9-27-2023; Ord. No. 1463, § V, 10-23-2024)

A.

In the R-1.5 and R-2.5 districts, on the street side of a corner lot the side yard shall be not less than 15 percent of the average width of the site, provided that a side yard of more than 20 feet shall not be required, and a side yard of less than 7½ feet shall not be permitted.

B.

Except in the R-1.5 and R-2.5 districts, on the street side of a corner lot the side yard shall be not less than 20 percent of the average width of the site, provided that a side yard less than twice the minimum required interior side yard shall not be permitted and a side yard of more than twice the maximum required interior side yard shall not be required.

(Ord. No. 1448, § 7, 9-27-2023)

A.

Except for the R-1.5 and R-2.5 districts, the minimum rear yard shall be 25 feet (reduced to 15 feet with development incentive pursuant to Chapter 22.81).

B.

In the R-1.5 district, the minimum rear yard shall be 20 feet (reduced to ten feet with development incentive pursuant to Chapter 22.81) subject to the following exception. In the R-2.5 district, the minimum rear yard shall be 25 feet (or 15 feet with development incentive pursuant to Chapter 22.81) subject to the following exceptions:

1.

In the R-1.5 district, the rear yard may be reduced to ten feet provided one side yard is at least 20 feet.

2.

In the R-2.5 district, the rear yard may be reduced to 15 feet provided one side yard is at least 25 feet.

(Ord. 1335 C.S. § 2, 2007: Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.13.)

(Ord. No. 1463, § V, 10-23-2024)

The minimum private outdoor space per dwelling unit for multi-family residential structures in residential districts shall comply with the provisions in Table 22.12.250.

Table 22.12.250 - Private Outdoor Space

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.14.)

(Ord. No. 1463, § V, 10-23-2024)

A.

Except in the R-1.5, R-2.5, and R-3.5 districts, the maximum height of structures shall be two stories or a maximum of 25 feet (increased to three stories or 36 feet with development incentive pursuant to Chapter 22.81), whichever is less.

B.

The maximum allowable height of structures for all other residential zones shall be based on residential density, as shown in Table 22.12.260:

Table 22.12.260 - Maximum Height

(Ord. 822 C.S. § 2 (part), 1975: prior code 10,103.15.)

(Ord. No. 1463, § V, 10-23-2024)

A.

Intent. These specific limitations as to the height, number or size of accessory structures are intended to ensure adequate light, air and privacy for residential properties, balancing the appropriateness of the accessory structures' design to preserving the residential character and neighbor's privacy with the applicant's ability to fully utilize the property in accordance with all applicable standards of the City's zoning regulations.

B.

Size and Location Limitations. Accessory structures shall conform to the maximum coverage, and minimum yard requirements of the applicable zoning district, subject to the following special limitations and exceptions:

1.

Maximum Size. The maximum size of any 1 accessory structure is 1,000 square feet; and the total size of all accessory structures on a lot cannot exceed 50% of the main structure's gross floor area. Exceptions to these maximum size limitations may be granted with approval of a use permit.

2.

Maximum Height. The height of an accessory structure may not exceed one story or 15 feet. Exceptions to exceed either the 1 story, or 15 feet maximum, or both, may be granted with approval of a use permit.

3.

Exceptions to Minimum Yard Requirements for Accessory Structures Within Minimum Required Rear Yards. Provided that the accessory structure(s) do not cover more than 25% of the minimum rear yard otherwise required by Section 22.12.240 Rear Yards, accessory structure(s) may be placed, or partially placed, within such minimum required rear yards, subject to the following requirements:

a.

A minimum setback of 5 feet shall be maintained from the rear and interior side property lines that are adjacent to the otherwise required minimum rear yard.

b.

Accessory structures in the minimum required rear yards of corner lots shall be no closer to the street-side side property line than the minimum street-side side yard required by Section 22.12.230, Side Yards.

c.

Accessory structures in the minimum required rear yards of reverse corner lots shall be no closer to the rear property line than the minimum permitted side yard of the adjoining key lot as required by Section 22.12.230(A), Table H, Side Yards.

4.

Special Limitations for Keeping of Animals. Accessory structures, where permitted for the housing of animals, such as horse stables and paddocks, chicken coops, rabbit hitches and similar structures, shall maintain the minimum setbacks from property lines and dwelling as prescribed in Section 22.12.080, Permitted Uses in R-Residential Districts. Other accessory structures which, in the option of the Community Development Director, are not customarily or incidental to the main residential use of the property, require use permit approval.

(Ord. 1335 C.S. § 3, 2007.)

A.

Off-street parking shall be provided for residential development in accordance with the requirements of Section 22.36.030 of this title.

B.

Parking and loading facility requirements for nonresidential uses and loading facility requirements for apartment hotels in excess of 5,000 square feet of gross floor area, shall comply with the regulations prescribed in Chapter 22.36 of this title.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,103.16.)

See Chapter 15.55 (Residential Amnesty Program for Unpermitted Dwelling Units) for regulations related to legalizing unpermitted dwelling units.

(Ord. No. 1469, § VIII, 4-2-2025)