The following zoning districts are hereby established in the City:

R 1-44 Residential District, Forty-three thousand five hundred sixty (43,560) sq. ft. or more.

R 1-20 Residential District, Twenty thousand (20,000) sq. ft. lot size or more.

R 1-8 Residential District, Eight thousand (8,000) sq. ft. lot size or more.

RM Residential Multi-Family District, Fourteen thousand five hundred twenty (14,520) sq. ft. lot size or more.

P Public District, Eight thousand (8,000) sq. ft. lot size or more.

P/RM Public/Residential Multi-Family District, Eight thousand (8,000) sq. ft. lot size or more.

Cluster development may be conditionally permitted in all R 1-8, RM and P/RM Residential Districts in accordance with Section 10.05.050 of this Chapter.

PD Planned Development District:

A.

The Planned Development District is hereby established as a city zoning district classification in all general plan residential land use designations. It may be referred to as Planned Development Zone, Planned Development District or as PD District or PD Zone.

B.

Every PD District shall be combined with an alternative residential base zoning district or districts. Any zoning district set forth in Section 10.05.010 may be utilized as a base district. The zone shall be referred to by the symbol for its base district followed by its Planned Development District designation (e.g., RM(PD)).

C.

The PD District can only be applied to a site of at least four (4) contiguous gross acres in size.

D.

The PD District shall be individually designed to meet the needs of the territory so zoned. It shall be adopted by a zoning ordinance which incorporates by reference a general development plan for the entirety of the subject property. The general development plan shall include drawings and text as specified in Section 10.05.047. Development of the subject property can hereafter occur only pursuant to an effective PD permit issued in strict conformity with the adopted general development plan or alternatively, in accordance with the requirements for the base district if one exists.

E.

Under no circumstances shall the City ever be required to approve a PD Zoning District. The discretion to grant or deny such permit is unrestricted and nothing contained in this Title shall be deemed or construed to limit the discretion in any way whatsoever. Unless and until a PD permit has been issued and becomes effective, the subject territory may be used only as if it were situated in the base district alone.

(Ord. No. NS-208, § 1, 12-6-2016; Ord. No. NS-215, § 1, 4-3-2018)

R-1-44 Residential District:

A.

Uses permitted by right. The following uses are permitted in R-1-44 Districts:

1.

One (1) single-family dwelling per lot.

2.

Accessory buildings/structures.

3.

Horticulture.

4.

One (1) small animal consisting of rabbits or poultry for each three thousand (3,000) square feet of land excluding guinea fowl, pea fowl, crowing roosters, or quacking ducks. A maximum of twelve (12) such permitted animals may be kept on each lot. All animals shall be penned or kept in a corral on the rear one-half of the property.

5.

A maximum of four (4) dogs and/or cats (not to exceed four (4) animals) over four (4) months of age provided they are not kept for sale or resale nor for commercial breeding, boarding or veterinary care.

6.

Home occupation.

7.

Renting of rooms and/or providing of table board to not more than two (2) persons as long as no kitchen facilities, other than those of the single kitchen of the main dwelling are installed or used.

8.

Storage of one (1) trailer coach less than forty (40) feet in length, provided, that said trailer coach, as defined in the Vehicle Code, is not used for dwelling purposes and is stored in the side yard or rear yard only, and further provided that said trailer coach is not of such size or weight as to require a special endorsement for size or weight on the driver's license.

9.

Residential care homes, supportive housing, employee housing, and transitional housing.

10.

Accessory dwelling unit.

11.

Junior accessory dwelling unit.

B.

Uses permitted subject to securing a use permit. The following uses may be permitted in R-1-44 Districts subject to the securing of a use permit in each case as provided in this Chapter:

1.

Public schools.

2.

Churches.

3.

Community centers.

4.

Public recreation facilities.

5.

Noncommercial swimming and tennis clubs.

6.

Horses, cows, llamas, but not to exceed a total of two (2) per acre, and which shall be penned or kept in a corral on the rear one-half of the property.

7.

One (1) private stable for not more than the permitted number of domestic animals, provided that the stable is not used for rental or other commercial purposes.

8.

Two (2) medium size animals consisting of sheep or goats (but excluding swine or adult unneutered male goats) for each twenty thousand (20,000) square feet of land, and one (1) more medium size animal for each additional ten thousand (10,000) square feet of land. Provided, however, the total number of medium size animals on any parcel of land shall not exceed four (4), and they shall be penned or kept in a corral on the rear one-half of the property. One (1) litter produced by the medium size animals during each calendar year may be kept on the property for which the use permit was issued for not more than a total of four (4) months, provided they are not kept for sale or resale nor for commercial breeding, boarding, nor veterinary care. At the expiration of four (4) months, the animals in the litter shall be considered to be adult animals and subject to the limitation as to the number of animals which may be kept on the property set forth herein.

C.

Development standards. The following development standards shall apply in R-1-44 Districts:

1.

Minimum lot area and frontage. The minimum lot area shall be forty-three thousand five hundred sixty (43,560) square feet or the minimum as required by the slope density formula as set forth in the Subdivision Title of this Code. The minimum lot frontage shall be one hundred twenty (120) feet on any public or private street frontage.

2.

Front setback. The minimum front setback shall be as follows:

a.

Single-story building: Thirty (30) feet.

b.

Second-story portion of building: Forty-five (45) feet.

c.

Accessory buildings or structures are not allowed in the front yard as defined in Section 10.01.020 AX.

3.

Side setback, interior. The minimum side interior setback shall be as follows:

a.

Single-story building: Twenty (20) feet.

b.

Second-story portion of building: Forty (40) feet.

c.

Accessory building or structure: Six (6) feet.

3.1.

Side setback, corner. The minimum side corner setback shall be as follows:

a.

Single-story building: Twenty-five (25) feet.

b.

Second-story portion of a building: Forty-two and one-half (42½) feet.

c.

Accessory building or structure: The required side corner setback along the abutting street shall be the same as the side corner setback required for main buildings.

Notwithstanding subsections C.3.1.a, b, and c, above, if there is a key lot to the rear of said corner lot, the required side setback for all buildings on said corner lot along the abutting street shall be the average of the side setback ordinarily required for said corner lot and the front setback for the key lot.

4.

Rear setback. The minimum rear setback shall be as follows:

a.

Single-story building: Thirty (30) feet.

b.

Second-story portion of building: Forty (40) feet.

c.

Accessory building or structure: Ten (10) feet.

4.1.

Each of the minimum front, side, and rear setbacks shall be increased by five (5) feet for each twenty-one thousand seven hundred eighty (21,780) square feet by which the area of a parcel of property or lot exceeds the minimum lot area required in this residential zoning district, or per the slope density formula as set forth in the Subdivision Title of this Code should the lot qualify, but does not exceed maximum area of two (2) acres. In the case of a lot line adjustment, when a lot with an existing conforming structure increases in size, no increases in setbacks are required for the existing structure. However, if the floor area of the structure is increased at any time after the lot line adjustment, the increased setbacks shall apply.

4.2.

The waterline of a spa, tub, and/or swimming pool, or any structure related thereto, located in the ground, or any portion of which is in the ground shall be located not less than twelve (12) feet from any property line and not less than eight (8) feet from any structure. Any spa, tub, or swimming pool which is located entirely above ground shall be located not less than twelve (12) feet from any property line.

5.

Maximum building height.

a.

The maximum building height shall be as follows:

(1)

Single-story building: Fourteen (14) feet.

(2)

Second-story portion of building: Twenty-one (21) feet.

(3)

Accessory building or structure: Twelve (12) feet.

6.

The maximum height of any building or structure may be increased by an additional one (1) foot for each two (2) feet that portion of the structure is further distanced from the minimum applicable setback; provided, however, at no time shall the maximum height exceed the following:

a.

Twenty-one (21) feet for any single-story structure, or single-story portion of a two (2) story building or any detached accessory building or structure.

b.

Thirty (30) feet for any two-story structure.

c.

The height of any main building shall not exceed two (2) stories. All other detached buildings or structures, including accessory dwelling units, shall not exceed one (1) story.

7.

Maximum Building Size. The maximum size of a main building including required enclosed parking, attached or detached, and excluding attached or detached accessory dwelling units, and detached accessory buildings is as follows:

a.

Single-story building: Six thousand six hundred (6,600) square feet.

b.

Two-story building: Six thousand (6,000) square feet.

c.

Accessory building or structure: One thousand (1,000) square feet.

d.

The maximum size of any primary residence may be increased by 0.075 square feet for each one (1) square foot contained in the parcel of property in excess of forty-four thousand (44,000) square feet or the minimum required per the slope density formula should it qualify, whichever is greater.

8.

Off-Street Parking. Off-street parking shall be provided as follows:

a.

Lot with on-street parking: Two (2) enclosed and two (2) uncovered parking spaces.

b.

Lot without on-street parking: Two (2) enclosed and five (5) uncovered parking spaces.

9.

Maximum Structural Coverage. The maximum structural coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot) is as follows:

a.

Twenty percent (20%).

b.

Notwithstanding subsection C.9.a of this Section, the allowed structural coverage shall be decreased by two percent (2%) for each twenty-one thousand seven hundred eighty (21,780) square feet by which the area of a parcel of property or lot exceeds the minimum lot area required in this residential zoning district; or required by the slope density formula should it qualify; provided, however, the percentage shall not be reduced below twelve percent (12%) or twenty thousand (20,000) square feet, whichever is less.

10.

Maximum Impervious Coverage. The maximum impervious coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot) is as follows:

a.

Thirty percent (30%).

b.

Notwithstanding subsection C.10.a above, the allowed impervious coverage shall be decreased by two percent (2%) for each twenty-one thousand seven hundred eighty (21,780) square feet by which the area of a parcel of property or lot exceeds the minimum lot area required; or shall be decreased by two percent (2%) for each five percent (5%) of slope that the parcel exceeds a ten percent (10%) average slope, whichever formula reduction is greatest; provided, however, the percentage shall not be reduced below twelve percent (12%) or exceed thirty thousand (30,000) square feet, whichever is less.

11.

Each parcel of property or lot, as the case may be, having either more or less lot area than the minimum required in this residential zoning district shall comply with all of the regulations of the residential zoning district whose minimum lot area requirement is closest to the actual lot area of the particular parcel of property or lot.

(Ord. 134 §§ 2, 3, 2002; Ord. 124 §§ 4, 5, 2000; Ord. 114 §§ 1, 2, 1999)

(Ord. No. NS-181, § 4, 6-19-2012; Ord. No. NS-191, §§ 1, 2, 10-1-2013; Ord. No. NS-198, § 1, 11-3-2015; Ord. No. NS-218, § 1, 5-7-2019; Ord. No. NS-222, § 4, 2-18-2020; Ord. No. NS-242, §§ 2, 12, 12-3-2024)

R-1-20 Residential District.

A.

Uses Permitted by Right. The following uses are permitted in R-1-20 Districts:

1.

Single one-family dwelling per lot.

2.

Accessory buildings/structures.

3.

Horticulture.

4.

One (1) small animal consisting of rabbits or poultry for each three thousand (3,000) square feet of land, excluding guinea fowl, pea fowl, crowing roosters or quacking ducks. A total of twelve (12) such permitted animals may be kept on each lot. All animals shall be penned or kept in a corral on the rear one-half of the property.

5.

A maximum of four (4) dogs and/or cats (not to exceed four (4) animals) over four (4) months of age, provided they are not kept for sale or resale nor commercial breeding, boarding or veterinary care.

6.

Home occupations.

7.

Renting of rooms and/or the providing of table board to not more than two (2) persons so long as no kitchen facilities, other than those of the single kitchen of the main dwelling are installed or used.

8.

Storage of one (1) trailer coach less than forty (40) feet in length; provided, that said trailer coach is not used for dwelling purposes and is stored in the side yard or rear yard only; and further provided, that said trailer coach is not of such size or weight as to require a special endorsement for size or weight on the driver's license.

9.

Residential care homes, supportive housing, employee housing, and transitional housing.

10.

Accessory dwelling unit.

11.

Junior accessory dwelling unit.

B.

Uses Permitted Subject to Securing a Use Permit. The following uses may be permitted in R-1-20 Districts subject to the securing of a use permit in each case as provided in Chapter 10.10:

1.

Public schools.

2.

Churches.

3.

Community centers.

4.

Public recreation facilities.

5.

Noncommercial swimming and tennis clubs.

6.

Two (2) medium size animals consisting of sheep or goats (but excluding swine or adult unneutered male goats) for each twenty thousand (20,000) square feet of land, and one (1) more medium size animal for each additional ten thousand (10,000) square feet of land. Provided, however, the total number of medium size animals on any parcel of land shall not exceed four (4), and they shall be penned or kept in a corral on the rear one-half of the property. One (1) litter produced by the medium size animals during each calendar year may be kept on the property for which the use permit was issued for not more than a total of four (4) months, provided they are not kept for sale or resale, nor for commercial breeding, boarding, nor veterinary care. At the expiration of four (4) months, the animals in the litter shall be considered to be adult animals and subject to the limitation as to the number of animals which may be kept on the property set forth herein.

C.

Development Standards. The following development standards shall apply in R-1-20 Districts:

1.

Minimum lot area and frontage. The minimum lot area shall be twenty-one thousand seven hundred eighty (21,780) square feet or the minimum as required by the slope density formula as set forth in the Subdivision Title of this Code. Minimum lot frontage shall be one hundred (100) feet on any public or private street frontage.

2.

Front setback. The minimum front setback shall be as follows:

a.

Single-story building: Thirty (30) feet.

b.

Second-story portion of building: Forty (40) feet.

c.

Accessory buildings or structures are not allowed in the front yard as defined in Section 10.01.020 AX.

3.

Side setback, interior. The minimum side interior setback shall be as follows:

a.

Single-story building: Fifteen (15) feet.

b.

Second-story portion of building: Twenty (20) feet.

c.

Accessory building or structure: Six (6) feet.

3.1.

Side setback, corner: The minimum side corner setback shall be as follows:

a.

Single-story building: Twenty-two and one-half (22½) feet.

b.

Second-story portion of a building: Thirty (30) feet.

c.

Accessory building or structure: the required side corner setback along the abutting street shall be the same as the side corner setback required for main building.

Notwithstanding subsections C.3.1.a, b, and c, above, if there is a key lot to the rear of said corner lot, the required side setback for all buildings on said corner lot along the abutting street shall be the average of the side setback ordinarily required for said corner lot and the front yard for the key lot.

4.

Rear setback. The minimum rear setback shall be as follows:

a.

Single-story building: Thirty (30) feet.

b.

Second-story portion of building: Forty (40) feet.

c.

Accessory building or structure: Six (6) feet.

4.1.

Each of the minimum front, side and rear setbacks shall be increased by five (5) feet for each ten thousand (10,000) square feet by which the area of a parcel of property or lot exceeds the minimum lot area required in this residential zoning district, or per the slope density formula as set forth in the Subdivision Title of this Code should the lot qualify. In the case of a lot line adjustment, when a lot with an existing conforming structure increases in size, no increases in setbacks are required for the existing structure. However, if the floor area of the structure is increased at any time after the lot line adjustment, the increased setbacks shall apply.

4.2.

The waterline of a spa, tub, and/or swimming pool, or any structure related thereto, located in the ground, or any portion of which is in the ground shall be located not less than twelve (12) feet from any property line and not less than eight (8) feet from any structure. Any spa, tub, or swimming pool which is located entirely above ground shall be located not less than twelve (12) feet from any property line.

5.

Maximum building height:

a.

The maximum building height at the setback line shall be as follows:

(1)

Single-story building: Fourteen (14) feet.

(2)

Two-story building: Twenty-one (21) feet.

(3)

Accessory building or structure: Twelve (12) feet.

6.

The maximum height of any building or structure may be increased by an additional one (1) foot for each foot that portion of the structure is further distanced from the minimum applicable setback; provided, however, at no time shall the maximum height exceed the following:

a.

Twenty-one (21) feet for any single-story structure, or single-story portion of a two-story building or any detached accessory building or structure.

b.

Thirty (30) feet for any two-story structure.

c.

The height of any main building shall not exceed two (2) stories. All other detached buildings or structures, including accessory dwelling units, shall not exceed one (1) story.

7.

Maximum building size. The maximum size of a building including required enclosed parking, attached or detached, and excluding attached or detached accessory dwelling units, and detached accessory buildings, is as follows:

a.

Single-story building: Four thousand nine hundred fifty (4,950) square feet.

b.

Two-story building: Four thousand five hundred (4,500) square feet.

c.

Accessory building or structure: Eight hundred (800) square feet.

d.

The maximum size of the primary residence may be increased by 0.050 square feet for each one (1) square foot contained in the parcel of property in excess of twenty-four thousand (24,000) square feet, or the minimum required per the slope density should it qualify, whichever is greater; but not to exceed a maximum of six thousand (6,000) square feet.

8.

Off-street parking. Off-street parking shall be provided as follows:

a.

Lot with on-street parking: Two (2) enclosed and two (2) uncovered parking spaces.

b.

Lot without on-street parking: Two (2) enclosed and four (4) uncovered parking spaces.

9.

Maximum structural coverage. The maximum structural coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot) is as follows:

a.

Thirty percent (30%).

b.

Notwithstanding subsection 9.a of this Section the structural coverage shall be decreased by two (2) percent for each six thousand (6,000) square feet by which the area of a parcel of property or lot exceeds the minimum lot area required in this residential zoning district, or per the slope density formula as set forth in the Subdivision Title of this Code should the lot qualify.

10.

Maximum impervious coverage. The maximum impervious coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot) is as follows:

a.

Forty percent (40%).

b.

The maximum impervious coverage shall be decreased by two percent (2%) for each six thousand (6,000) square feet by which the area of a parcel of property or lot exceeds the minimum lot area required in this residential zoning district; or be decreased by two percent (2%) for each five percent (5%) of slope that the parcel exceeds a ten percent (10%) average slope, whichever formula reduction is greatest; provided, however, the coverage shall not exceed twenty thousand (20,000) square feet, whichever is less.

11.

Each parcel of property or lot, as the case may be, having either more or less lot area than the minimum required in this residential zoning district shall comply with all of the regulations of the residential zoning district whose minimum lot area requirement is closest to the actual lot area of the particular parcel or property or lot.

(Ord. 134 §§ 4, 5, 2002; Ord. No. NS-167, § 1, 5-5-2009; Ord. No. NS-181, § 5, 6-19-2012; Ord. No. NS-191, §§ 3, 4, 10-1-2013; Ord. No. NS-198, § 2, 11-3-2015; Ord. No. NS-218, § 2, 5-7-2019; Ord. No. NS-222, § 5, 2-18-2020; Ord. No. NS-242, §§ 3, 13, 12-3-2024)

R-1-8 Residential District.

A.

Uses Permitted by Right. The following uses are permitted in R-1-8 Districts:

1.

One (1) single-family dwelling per lot.

2.

Accessory buildings/structures.

3.

Horticulture.

4.

A maximum of four (4) dogs and/or cats (not to exceed four (4) animals over four (4) months of age provided, they are not kept for sale or resale nor commercial breeding, boarding or veterinary care.

5.

Home occupations.

6.

Renting of rooms and/or the providing of table board to not more than two (2) persons so long as no kitchen facilities, other than those of the single kitchen of the main dwelling are installed or used.

7.

One (1) small animal consisting of rabbits or poultry for each three thousand (3,000) square feet of land, excluding guinea fowl, pea fowl, crowing roosters, or quacking ducks. A total of twelve (12) such permitted animals may be kept on each lot. All animals shall be penned or kept in a corral on the rear one-half of the property.

8.

Storage of one (1) trailer coach less than forty (40) feet in length; provided that said trailer coach is not used for dwelling purposes and is stored in the side yard or rear yard only, and further provided that said trailer coach is not of such size or weight as to require a special endorsement for size or weight on the driver's license.

9.

Residential care homes, supportive housing, employee housing, and transitional housing.

10.

Accessory dwelling unit.

11.

Junior accessory dwelling unit.

B.

Uses Permitted Subject to Securing a Use Permit. The following uses may be permitted in R-1-8 Districts subject to the securing of a use permit in each case as provided in Chapter 10:

1.

Public schools.

2.

Churches.

3.

Community centers.

4.

Public recreation facilities.

5.

Noncommercial swimming and tennis clubs.

6.

Two (2) medium size animals consisting of sheep or goats (but excluding swine or adult unneutered male goats) for each twenty thousand (20,000) square feet of land, and one (1) more medium size animal for each additional ten thousand (10,000) square feet of land, provided, however, the total number of medium size animals on any parcel of land shall not exceed four (4), and they shall be penned or kept in a corral on the rear one-half of the property. One (1) litter produced by the medium size animals during each calendar year may be kept on the property for which the use permit was issued for not more than a total of four (4) months, provided they are not kept for sale or resale, nor for commercial breeding, boarding, nor veterinary care. At the expiration of four (4) months, the animals in the litter shall be considered to be adult animals and subject to the limitations as to the number of animals which may be kept on the property set forth herein.

C.

Development Standards. The following development standards shall apply in R-1-8 Districts:

1.

Minimum lot area and frontage. The minimum lot area shall be eight thousand (8,000) square feet or the minimum as required by the slope density formula as set forth in the Subdivision Title of this Code. The minimum lot frontage shall be seventy (70) feet on any public or private street frontage.

2.

Front setback. The minimum front setback shall be as follows:

a.

Single-story building: Twenty-five (25) feet.

b.

Second-story portion of building: Thirty (30) feet.

c.

Accessory buildings or structures are not allowed in the front yard as defined in Section 10.01.020 AX.

3.

Side setback. The minimum side setback shall be as follows:

a.

Single-story building: Six (6) feet.

b.

Second-story portion of building: Ten (10) feet.

c.

Accessory building or structure: Six (6) feet.

3.1.

Side setback, corner. The minimum side corner setback shall be as follows:

a.

Single-story building: Fifteen and one-half (15½) feet.

b.

Second-story portion of a building: Twenty (20) feet.

c.

Accessory building or structure: The required side corner setback along the abutting street shall be the same as the side corner setback required for main buildings.

Notwithstanding subsections C.3.1.a, b, and c, above, if there is a key lot to the rear of said corner lot, the required side setback for all buildings on said corner lot along the abutting street shall be the average of the side setback ordinarily required for said corner lot and the front setback for the key lot.

4.

Rear setback. The minimum rear yard shall be as follows:

a.

Single-story building: Thirty (30) feet.

b.

Second-story portion of building: Thirty (30) feet.

c.

Accessory building or structure: Six (6) feet.

4.1.

Each of the minimum front, side, and rear yard setbacks shall be increased by two and one-half (2½) feet for single story portion and by five (5) feet for second story portion for each six thousand (6,000) square feet that the lot exceeds the minimum lot area required by this zoning district, or per the slope density formula as set forth in the Subdivision Title of this Code should the lot qualify. In the case of a lot line adjustment, when a lot with an existing conforming structure increases in size, no increases in setbacks are required for the existing structure. However, if the floor area of the structure is increased at any time after the lot line adjustment, the increased setbacks shall apply.

4.2.

The waterline of a spa, tub, and/or swimming pool, or any structure related thereto, located in the ground, or any portion of which is in the ground shall be located not less than ten (10) feet from any property line and not less than six (6) feet from any structure. Any spa, tub, or swimming pool which is located entirely above ground shall be located not less than ten (10) feet from any property line.

5.

Maximum building height.

a.

The maximum building height at the setback line shall be as follows:

(1)

Single-story building: Fourteen (14) feet.

(2)

Two-story building: Twenty-one (21) feet.

(3)

Accessory building: Twelve (12) feet.

b.

The maximum height of a building may be increased by an additional one (1) foot for each foot that portion of the structure is further distanced from the minimum applicable setback; provided, however, at no time shall the maximum height exceed the following:

(1)

Twenty-one (21) feet for any single-story structure or single-story portion of a two-story building.

(2)

The maximum height of any detached accessory building shall not exceed twelve (12) feet.

(3)

Thirty (30) feet for any two-story structure.

c.

The height of any main building shall not exceed two (2) stories. All other detached buildings or structures, including accessory dwelling units, shall not exceed one (1) story.

6.

Maximum building size. The maximum size of a building including required enclosed parking, attached or detached, and excluding attached or detached accessory dwelling units, and detached accessory buildings, is as follows:

a.

Single-story building: Three thousand three hundred (3,300) square feet.

b.

Two-story building: Three thousand (3,000) square feet.

c.

Accessory building or structure: Six hundred (600) square feet.

d.

The maximum size of the primary residence may be increased by 0.15 square feet for each one (1) square foot contained in the parcel of property in excess of ten thousand (10,000) square feet, or minimum required by the slope density formula should it qualify, whichever is greater.

7.

Maximum structural coverage. The maximum structural coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot) is as follows:

a.

Forty percent (40%).

b.

Notwithstanding subsection C.7.a of this Section the structural coverage shall be decreased by two percent (2%) for each two thousand (2,000) square feet by which the area of the parcel of property or lot exceeds twelve thousand (12,000) square feet.

8.

Maximum impervious coverage. The maximum impervious coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot) is as follows:

a.

Sixty percent (60%).

b.

The maximum impervious coverage shall be decreased by four percent (4%) for each two thousand (2,000) square feet by which the area of a parcel of property or lot exceeds twelve thousand (12,000) square feet, or shall be decreased by two percent (2%) for each five percent (5%) of the slope that the parcel exceeds a ten percent (10%) average slope, whichever formula reduction is the greatest, provided, in no event shall the impervious coverage on any parcel of property exceed twenty thousand (20,000) square feet.

9.

Off-street parking. Off-street parking shall be provided as follows:

a.

Lot with on-street parking: Two (2) enclosed and two (2) uncovered parking spaces.

b.

Lot without on-street parking: Two (2) enclosed and three (3) uncovered parking spaces.

(Ord. 134 § 7, 2002; Ord. No. NS-167, § 2, 5-5-2009; Ord. No. NS-176, § 1, 5-3-2011; Ord. No. NS-181, § 6, 6-19-2012; Ord. No. NS-191, §§ 5, 6, 10-1-2013; Ord. No. NS-198, § 3, 11-3-2015; Ord. No. NS-198, § 2, 11-3-2015; Ord. No. NS-218, § 3, 5-7-2019; Ord. No. NS-222, § 6, 2-18-2020; Ord. No. NS-242, § 4, 12-3-2024)

RM- Multi-Family Residential District.

A.

Uses Permitted by Right. The following uses are permitted in RM District:

1.

a.

One (1) single-family dwelling per lot; or

 b.

One (1) duplex per lot; or

 c.

One (1) triplex per lot.

2.

Only one (1) accessory building.

3.

A maximum of two (2) dogs and/or cats (not to exceed two (2) animals over four (4) months of age provided, they are not kept for sale or resale nor commercial breeding, boarding or veterinary care.

4.

Home occupations.

5.

Renting of rooms and/or the providing of table board to not more than two (2) persons so long as no kitchen facilities, other than those of the single kitchen of the main dwelling are installed or used.

6.

Residential care homes, supportive housing, employee housing, and transitional housing.

7.

Accessory dwelling unit where lot is used as residential.

8.

Junior accessory dwelling unit, where lot is used as residential.

B.

Uses Permitted Subject to Securing a Use Permit. The following uses may be permitted in RM Districts subject to the securing of a use permit in each case as provided in Chapter 10:

1.

Churches.

2.

Community centers.

3.

Public recreation facilities.

4.

Noncommercial swimming and tennis clubs.

5.

Any accessory building/structure exceeding one (1) per lot.

C.

Development Standards. The following development standards shall apply in RM Districts:

1.

Minimum net lot size per unit. The minimum net lot size per unit shall be fourteen thousand five hundred twenty (14,520) square feet or the minimum as required by the slope density formula as set forth in the Subdivision Title of this Code.

2.

Front setback. The minimum front setback shall be as follows:

a.

Single-story building: Twenty-five (25) feet.

b.

Second-story portion of building: Thirty (30) feet.

c.

Accessory buildings or structures are not allowed in the front yard as defined in Section 10.01.020 AX.

3.

Side setback. The minimum side setback shall be as follows:

a.

Single-story building: Six (6) feet.

b.

Second-story portion of building: Ten (10) feet.

c.

Accessory building or structures: Six (6) feet.

3.1.

Side setback, corner. The minimum side corner setback shall be as follows:

a.

Single-story building: Fifteen and one-half (15½) feet.

b.

Second-story portion of a building: Twenty (20) feet.

c.

Accessory building or structure: The required side corner setback along the abutting street shall be the same as the side corner setback required for main buildings.

Notwithstanding subsections C.3.1.a, b, and c, above, if there is a key lot to the rear of said corner lot, the required side setback for all buildings on said corner lot along the abutting street shall be the average of the side setback ordinarily required for said corner lot and the front setback for the key lot.

4.

Rear setback. The minimum rear setback shall be as follows:

a.

Single-story building: Thirty (30) feet.

b.

Second-story portion of building: Thirty (30) feet.

c.

Accessory building or structure: Six (6) feet.

5.

Each of the minimum front, side, and rear setbacks shall be increased by two and one-half (2½) feet for single story portion and by five (5) feet for second story portion for each six thousand (6,000) square feet that the lot exceeds the minimum lot size. In the case of a lot line adjustment, when a lot with an existing conforming structure increases in size, no increases in setbacks are required for the existing structure. However, if the floor area of the structure is increased at any time after the lot line adjustment, the increased setbacks shall apply.

6.

The waterline of a spa, tub, and/or swimming pool, or any structure related thereto, located in the ground, or any portion of which is in the ground shall be located not less than ten (10) feet from any property line and not less than six (6) feet from any structure. Any spa, tub, or swimming pool which is located entirely above ground shall be located not less than ten (10) feet from any property line.

7.

Maximum building height.

a.

The maximum building height at the setback line shall be as follows:

(1)

Single-story building: Fourteen (14) feet.

(2)

Two-story building: Twenty-one (21) feet.

b.

The maximum height of a building may be increased by an additional one (1) foot for each foot that portion of the structure is further distanced from the minimum applicable setback; provided, however, at no time shall the maximum height exceed the following:

(1)

Twenty-one (21) feet for any single-story structure or single-story portion of a two-story building.

(2)

The height of any main building shall not exceed two (2) stories. All other detached buildings or structures, including accessory dwelling units, shall not exceed one (1) story.

(3)

Thirty (30) feet for any two-story structure.

8.

Maximum building size. The maximum size of a building including required enclosed parking, attached or detached, and excluding attached or detached accessory dwelling units, and detached accessory buildings is as follows:

a.

Single-story building: Two thousand six hundred (2,600) square feet.

b.

Two-story building: Two thousand six hundred (2,600) square feet.

c.

Accessory building: Six hundred (600) square feet.

d.

The maximum size of the primary residence may be increased by 0.18 square feet for each one (1) square foot contained in the parcel of property in excess of fourteen thousand five hundred twenty (14,520) square feet.

9.

Maximum structural coverage: The maximum structural coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot) is as follows:

a.

Forty percent (40%).

b.

Notwithstanding subsection C.9.a. of this Section, the allowed structural coverage shall be decreased by two percent (2%) for each two thousand (2,000) square feet by which the area of a parcel of property or lot exceeds twelve thousand (12,000) square feet; or shall be decreased by two percent (2%) for each five percent (5%) of slope that the parcel exceeds a ten percent (10%) average slope, whichever formula reduction is greatest; provided, however, the percentage shall not be reduced below.

10.

Maximum impervious coverage. The maximum impervious coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot) is as follows:

a.

Sixty percent (60%).

b.

Two-story building: Sixty percent (60%).

c.

Notwithstanding subsection C.9.a. of this Section, the allowed impervious coverage shall be decreased by four percent (4%) for each two thousand (2,000) square feet by which the area of a parcel of property or lot exceeds twelve thousand (12,000) square feet, or by two percent (2%) for each five percent (5%) of slope that the parcel exceeds a ten percent (10%) average slope, whichever formula reduction is greatest, provided, however, in no event shall the impervious coverage on any parcel of property be reduced below twelve percent (12%) or exceed twenty thousand (20,000) square feet whichever is less.

11.

Off-street parking. Off-street parking shall be provided as follows:

a.

Lot with on-street parking: One (1) covered and one (1) uncovered parking spaces.

b.

Lot without on-street parking: One (1) covered and one (1) uncovered parking spaces.

(Ord. No. NS-187, § 1, 9-3-2013; Ord. No. NS-198, § 4, 11-3-2015; Ord. No. NS-206, §§ 1, 2, 11-1-2016; Ord. No. NS-222, § 7, 2-18-2020; Ord. No. NS-242, § 5, 12-3-2024)

A.

Uses Permitted by Right. The following uses are permitted in the P District:

1.

Public facilities.

2.

Emergency shelters as defined in California Health and Safety Code section 50801(e) operating under the following standards:

a.

Up to three (3) beds shall be permitted on the premises;

b.

No more than three (3) clients shall be permitted on the premises at any time. Families consisting of not more than three (3) individuals shall be permitted on the premises. A family consisting of three (3) individuals must include at least one (1) adult and at least one (1) member under the age of eighteen (18);

c.

An on-site management plan is subject to review and approval by the City Manager and shall include, but not be limited to, the number of employees, hours of operation, provision for transporting residents, provisions for providing personal hygiene, and provision for supplying food;

d.

All waiting and client in-take areas shall be entirely within the building enclosing the emergency shelter;

e.

On-site management of the operation shall be present at all times that the facility is in operation;

f.

Clients are limited to stays of no more than thirty (30) days;

g.

One (1) parking space per employee of the emergency shelter shall be provided; and

h.

The facility shall comply with all the health and safety requirements of County, State and Federal governments.

3.

Residential care homes, supportive housing, employee housing, low barrier navigation centers as defined by Government Code section 65660, and transitional housing.

B.

Uses permitted subject to securing a use permit. The following uses may be permitted in the P District subject to the securing of a use permit in each case as provided in Chapter 10:

1.

Churches.

2.

Community centers.

3.

Public recreation facilities.

4.

Any accessory building exceeding one (1) per lot.

C.

The following uses are additional uses permitted in the Public/Residential Multi-Family (P/RM) District when used in conjunction or simultaneously with a permitted or conditional use allowed in the P District:

1.

One (1) dwelling unit per lot which must be attached to one (1) or two (2) additional dwelling units. Each unit must have a net lot size of no less than eight thousand (8,000) square feet unless it meets the requirements of cluster development as defined in Section 10.05.010.

2.

One (1) accessory building in addition to the dwelling.

3.

A maximum of two (2) dogs and/or cats (not to exceed to (2) animals over four (4) months of age provided, they are not kept for sale or resale nor commercial breeding, boarding or veterinary care.

4.

Home occupations.

5.

Renting of rooms and/or providing of table board to not more than two (2) persons so long as no kitchen facilities, other than those of the single kitchen of the main dwelling are installed or used.

6.

Reserved.

7.

Accessory dwelling unit where lot is used for residential uses.

8.

Junior accessory dwelling unit where lot is used for residential uses.

D.

Development Standards. The following development standards shall apply in the P and P/RM Overlay Districts:

1.

Minimum net lot size per unit: The minimum net lot size shall be eight thousand (8,000) square feet or the minimum as required by the slope density formula as set forth in the Subdivision Title of this Code.

2.

Front setback: The minimum front setback shall be as follows:

a.

Single-story building: Twenty-five (25) feet.

b.

Second-story portion of building: Thirty (30) feet.

c.

Accessory buildings/structures are not allowed in the front yard as defined in Section 10.01.020 AX.

3.

Side setback: The minimum side setback for single-family units shall be as follows:

a.

Single-story building: Six (6) feet.

b.

Second-story portion of building: Ten (10) feet.

c.

Accessory building or structures: Six (6) feet.

3.1.

Side setback, corner. The minimum side corner setback shall be as follows:

a.

Single-story building: Fifteen and one-half (15½) feet.

b.

Second-story portion of a building: Twenty (20) feet.

c.

Accessory building or structure: The required side corner setback along the abutting street shall be the same as the side corner setback required for main buildings.

Notwithstanding subsections C.3.1.a, b, and c, above, if there is a key lot to the rear of said corner lot, the required side setback for all buildings on said corner lot along the abutting street shall be the average of the side setback ordinarily required for said corner lot and the front setback for the key lot.

4.

Rear setback: The minimum rear setback shall be as follows:

a.

Single-story building: Thirty (30) feet.

b.

Second-story portion of building: Thirty (30) feet.

c.

Accessory building or structure: Six (6) feet.

4.1.

Each of the minimum front, side and rear setbacks shall be increased by two and one-half (2½) feet for single story portion and by five (5) feet for second story portion for each six thousand (6,000) square feet that the lot exceeds the minimum lot size. In the case of a lot line adjustment, when a lot with an existing conforming structure increases in size, no increases in setbacks are required for the existing structure. However, if the floor area of the structure is increased at any time after the lot line adjustment, the increased setbacks shall apply.

4.2.

The waterline of a spa, tub, and/or swimming pool, or any structure related thereto, located in the ground, or any portion of which is in the ground shall be located not less than ten (10) feet from any property line and not less than six (6) feet from any structure. Any spa, tub, or swimming pool which is located entirely above ground shall be located not less than ten (10) feet from any property line.

4.3.

Setback modification for P/RM District. At the point where one (1) dwelling unit is attached to another dwelling unit, the applicable setback is reduced to zero feet (0') for that portion of the dwelling unit.

5.

Maximum building height.

a.

The maximum building height at the setback line shall be as follows:

(1)

Single-story building: Fourteen (14) feet.

(2)

Two-story building: Twenty-one (21) feet.

(3)

The maximum height of any detached accessory building shall not exceed twelve (12) feet.

b.

The maximum height of a building may be increased by an additional one (1) foot for each foot that portion of the structure is further distanced from the minimum applicable setback; provided, however, at no time shall the maximum height exceed the following:

(1)

Twenty-one (21) feet for any single-story structure or single-story portion of a two-story building.

(2)

Thirty (30) feet for any two-story structure.

(3)

The height of any main building shall not exceed two (2) stories. All other detached buildings or structures, including accessory dwelling units, shall not exceed one (1) story.

5.1.

Maximum building size in the P/RM Overlay District. The maximum size of each dwelling unit including required parking and excluding detached accessory buildings is as follows:

a.

Single-story building: Three thousand three hundred (3,300) square feet.

b.

Two-story building: Three thousand (3,000) square feet.

6.

Maximum structural coverage. The maximum structural coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot), is as follows:

a.

Single-story building: Forty percent (40%).

b.

Two-story building: Forty percent (40%).

c.

The structural coverage allowed for detached buildings is included in the structural coverage allowed for a single-story or two-story building, as the case may be.

d.

The structural coverage shall be decreased by two percent (2%) for each two thousand (2,000) square feet by which the area of a parcel of property or lot exceeds twelve thousand (12,000) square feet.

6.1.

Maximum impervious coverage. The maximum impervious coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot), is as follows:

a.

Single-story building: Sixty percent (60%).

b.

Two-story building: Sixty percent (60%).

6.1.

Off-street parking. Off-street parking shall be provided as follows:

a.

One (1) covered and one (1) uncovered parking spaces.

(Ord. No. NS-183, § 1, 7-17-2012; Ord. No. NS-208, § 2, 12-6-2016; Ord. No. NS-222, § 8, 2-18-2020; Ord. No. NS-242, §§ 6, 7, 12-3-2024)

All structures shall be subject to design review approval in accordance with the provisions of Chapter 8 of this Title.

(Ord. No. NS-187, § 2, 9-3-2013)

A.

PD District Effectuated.

1.

The PD District is effectuated by the issuance of a valid planned development permit in compliance with the PD District.

2.

If such planned development permit expires without subsequent issuance of a building permit, or if such building permit expires without construction having commenced, the PD District will be deemed not to have been effectuated.

B.

Uses.

1.

The use regulations for territory situated in a Planned Development District shall be as follows:

a.

Unless and until a planned development permit has been issued and been effectuated, property in such territory may be used only as if it were it its base district alone.

b.

If a planned development permit is effective, any use or combination of uses provided for in said permit is allowed in accordance with and in strict compliance with all terms, provisions and conditions of said permit. Each permitted use shall be confined and limited to the particular location designated therefore in said permit. No use, other than the particular uses specified in the permit, shall be permitted, except as set forth elsewhere in this Title.

2.

Development regulations.

a.

Except where a planned development permit has been implemented, the regulations for development, signs, off-street parking applicable to its base district zoning shall apply to all property located in the territory in the Planned Development District.

3.

When a PD permit has been implemented, the provisions of such permit shall prevail over the regulations applicable to the base district zoning of the property. No structure, facility, improvement or sign of any kind shall be constructed upon such property except in strict compliance with all provisions of such PD permit. In particular:

a.

No structure, facility, improvements, or sign shall be constructed upon such property except the particular structures, facilities, improvements, and signs specified in such permit.

b.

Each structure, facility, improvement or sign shall have the exact height, floor area, and dimensions specified for it in such permit.

c.

Each structure or facility used for off-street parking shall have the exact number of off-street parking spaces, and other areas, specified for it in such permit.

d.

Each structure, facility, improvement or sign shall be constructed at the particular location and cover the exact surface area designated for it in such permit.

e.

Each structure, facility, improvement and sign shall be constructed and maintained in strict compliance with all conditions of the PD permit.

4.

Residential care and supportive housing facilities. Unless expressly prohibited by the Planned Development Zoning Ordinance, residential care and supportive housing facilities are permitted in any Planned Development Zoning District.

(Ord. No. NS-215, § 2, 4-3-2018)

The provisions in this Chapter allow a special residential development exception to the minimum development standards generally required in the R-1-8, RM and P/RM zoning districts by allowing the clustering of homes on smaller lots. In order to take advantage of the exceptions, the following development standards shall apply to cluster development in R-1-8, RM and P/RM Districts:

A.

Minimum site area for cluster development shall be three (3) acres, exclusive of existing rights-of-way for street purposes, in one (1) or more contiguous parcels and held in one (1) ownership.

1.

Density of development shall be determined by the following formula where X equals the maximum number of dwelling units to the nearest whole number and L equals the minimum lot size:

The minimum lot size "L" shall be determined by the following formula where S is the percent slope of the site as defined in the Monte Sereno Subdivision Chapter and expressed as a whole number:

L = 43,560 square feet
5.45 -.089 S

The addition to minimum lot size of two thousand one hundred (2,100) square feet is a fixed allowance for new streets based on the standard right-of-way width of thirty (30) feet for a half-street serving lots with minimum frontage of seventy (70) feet.

B.

Each dwelling unit to have its own lot. Dwellings may be detached or attached, but no more than three (3) dwelling units may be attached in a single building.

C.

The lot for each dwelling unit shall have an area of at least one and five-tenths (1.5) times the total floor space of the dwelling or the ground coverage of all buildings and structures on the lot, whichever is larger, but in no event shall any lot have less than four thousand (4,000) square feet.

D.

Maximum ground coverage for any building shall be three thousand (3,000) square feet.

E.

Maximum ground coverage for the entire site, as defined in subsection A above, by all buildings and structures shall not exceed the number of dwelling units allowable on the site multiplied by three thousand (3,000) square feet.

F.

Minimum distance between buildings shall be twelve (12) feet.

G.

Minimum setback for any structure, whether for living or accessory purposes, shall be not less than twenty-five (25) feet from the exterior boundaries to the site and the right-of-way of any street.

H.

Each dwelling unit shall be provided private outdoor living space with an area not less than one-half the floor space of the dwelling. Such space shall be usable, directly accessible from the interior of the dwelling and so located and designed that physical and visual privacy is assured.

I.

No structure shall be more than thirty (30) feet in height, and where the development density is affected by the percent of slope of the site, no structure shall be more than fifteen (15) feet higher than the highest natural elevation of the site.

J.

Required covered parking shall be in addition to required guest parking areas. Parking spaces shall be provided for each dwelling unit and may be in attached or detached structures, subject to the above provisions for size, coverage and setbacks, each parking space shall be least ten by twenty (10 × 20) feet in size and not more than thirty-five (35) feet from access into the dwelling.

K.

Public streets shall provide at least two (2) standard twelve-foot traffic lanes within a minimum forty-foot right-of-way for access to each dwelling unit in the development. One (1) or more standard eight-foot parking lanes shall also be provided, or in lieu thereof off-street guest parking areas with spaces for one (1) car per dwelling unit not more than eighty-five (85) feet from the front door to any dwelling unit. An area ten by twenty (10 × 20) feet minimum shall be provided for each parking space.

L.

All land area held in common and not developed shall be regarded as permanent open space to protect and enhance the natural assets of the site and to provide adequate space for the recreational and leisure use of those living in the development. Easements or dedications shall be made, as deemed appropriate by the City Council, to ensure that objective.

M.

Procedure for use permits for cluster developments.

1.

Preliminary review of proposed cluster developments shall be made by the City Planner to determine compliance with the development standards above. Particular attention shall be given the location of roads, the concept of land use as it relates to the site and neighborhood and the needs of those who will live in the development. The purpose of this review is to provide maximum guidance to the potential applicant with a minimum of time and expense.

2.

Upon finding by the City Planner that proposed project complies with the development standards the applicant may then apply for a Use Permit for clustering along with any other necessary applications such as Site Development Permit and subdivision map. The application shall be in the form prescribed by City and accompanied with the payment of the required application fee.

3.

Hearing Process: Use Permits shall be considered in accordance with the requirements of Chapter 10 of this Title. If the Use Permit for clustering is related to any other application including Site Development permit and/or subdivision map, the City Council shall exercise final approval authority over all related applications. Site Development Permits must first be reviewed by the Site and Architectural Commission in accordance with Chapter 8 of this Title.

4.

All cluster developments shall meet the requirements of the Subdivision Chapter pertaining to engineering, health and safety, dedications, ecology, maps and documents.

5.

Provisions for maintenance of land, parking areas, and structures in common use; articles of incorporation and bylaws, restrictions of use and means of continuing site and architectural control; shall be reviewed and approved by the Council. If state construction is contemplated, a time schedule shall be submitted for starting and finishing the development.

6.

No permit for excavation and grading, building or other construction shall be issued unless the final map for the subdivision has been approved and recorded.

7.

The City Planner and the City Council shall insure that the development at each of the above stages meets the design criteria and requirements for the cluster development as finally determined by the Council and to that end periodic inspection of the work in progress shall be made.

(Ord. No. NS-187, § 3, 9-3-2013; Ord. No. NS-208, § 3, 12-6-2016)

The following regulations also shall apply to any property within the City of Monte Sereno which has been designated as being within the Conservation Zone, Scenic Highway, or Scenic Roadway Corridor:

The building site for the dwelling building shall contain a minimum of five thousand four hundred (5,400) square feet and shall have an average slope of less than forty percent (40%).

A.

Impervious coverage limits set forth in this Chapter shall apply.

B.

No commercial land uses shall be permitted except where commercial zoning regulations shall be duly established.

C.

Trees, creeks and other natural features shall be protected and maintained to the maximum extent possible. Structures shall be set back at least thirty-two (32) feet from the 100-year flood influence line.

D.

Except where an overriding public interest requires, creeks or other significant natural waterways in the conservation zone shall not be culverted except for crossings of public and private streets.

(Ord. No. NS-187, § 4, 9-3-2013)

The following regulations also shall apply to any property within the City of Monte Sereno which is located within the Saratoga-Los Gatos Scenic Highway Corridor or along the Quito Road Scenic Corridor as shown in the General Plan of the City of Monte Sereno.

Any fence, wall within fifty (50) feet, or structure within three hundred (300) feet of Saratoga-Los Gatos Road or Quito Road and visible therefrom shall be subject to architectural review to accomplish policies set forth in the General Plan.

A.

Removal of trees or vegetation within fifty (50) feet of the Saratoga-Los Gatos Road or Quito Road that provides screening of existing walls, fences or structures is prohibited unless a program of replanting, is approved by the City of Monte Sereno.

A.

The purpose of this Section is to provide regulations for the establishment of residential developments pursuant to Government Code Section 65852.21.

B.

Incompatibility with the City's density limitations shall not provide a basis to deny a two-unit residential development that otherwise conforms to the requirements of this Section.

C.

Notwithstanding anything in this Title 10 to the contrary, a residential development containing no more than two (2) residential units on one (1) legal lot within any residential zone may be constructed following approval of a site development permit issued by the City Planner under Section 10.08.050.E, without discretionary review or a public hearing, if the proposed housing meets all of the standards set forth below. A residential development may be permitted under this Section if the development proposes no more than two (2) new units in total on the parcel or if it proposes to add one (1) new unit to a lot with one (1) existing unit. If a parcel includes an existing single-family dwelling, one (1) additional unit may be developed pursuant to this Section. If a parcel does not include an existing single-family dwelling, or if an existing single-family dwelling is proposed to be demolished in connection with the creation of a two-unit residential development, two (2) units may be developed pursuant to this Section.

D.

A residential development shall not be approved in each of the following circumstances:

1.

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

a.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c.

Housing that has been occupied by a tenant in the last three (3) years.

2.

The parcel subject to the proposed housing development is a parcel on which an owner of residential real property has exercised the owner's rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.

3.

The parcel subject to the proposed housing development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or county landmark or historic property or district pursuant to a City or county ordinance.

4.

The parcel does not satisfy the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

E.

Residential developments under this Section shall conform to all objective property development regulations of the zone and in which the property is located including, but not limited to, setbacks, building height, building size, structural coverage, and impervious coverage, and any objective requirements in the City's design guidelines, unless the applicant demonstrates that such zoning or design standard would have the effect of physically precluding the construction of up to two (2) units or that would physically preclude either of the two (2) units from being at least eight hundred (800) square feet in floor area, subject to the following modifications:

1.

No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. Verification of size and location of the existing and proposed structure requires pre- and post-construction surveys by a California licensed land surveyor.

2.

A setback of at least four (4) feet is required from the rear and side property lines. Front yard setbacks shall be as required for the zone in which the property is located.

3.

Any dwelling unit constructed under this Section shall not exceed the maximum building height of a single-story building.

F.

Residential developments under this Section shall be subject to the following additional standards and requirements:

1.

Two (2) dwelling units shall be constructed. The first dwelling unit shall meet the requirements of an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit as specified in Section 10.06.140 as well as the provisions of this Section. The main dwelling unit shall comply with the provisions of this Section. The first dwelling unit shall be constructed prior to or concurrently with the main dwelling.

2.

If any portion of any proposed new main dwelling unit would be located in any of the front, side, or rear setbacks applicable to a single-story building district in the same zoning district as set forth in Chapter 10.05, the building area shall not exceed eight hundred (800) square feet.

3.

If a proposed dwelling unit will be connected to an onsite wastewater treatment system, the applicant shall provide a percolation test completed within the last five (5) years, or, if the percolation test has been recertified, within the last ten (10) years.

4.

Any dwelling unit, or portion thereof, that is constructed pursuant to an approval under this Section shall only be used for rentals of terms of longer than thirty (30) days. It shall be unlawful to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof built pursuant to authority under this Section for a term that is thirty (30) days or less.

5.

A minimum of one (1) off-street parking space shall be provided for each dwelling unit except where the parcel meets one (1) of the following instances:

a.

The parcel is located within one-half mile walking distance of either 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.

b.

There is a car share vehicle located within one (1) block of the parcel.

6.

When construction of a new dwelling unit is proposed on a parcel with an existing dwelling unit, any new dwelling unit shall utilize the same exterior materials and colors as the existing dwelling unit, subject to any restrictions on use of building materials in Title 9. Where two (2) new units are proposed to be constructed on a parcel, each unit shall utilize the same exterior materials and colors as the other unit.

7.

Each dwelling unit constructed under this Section shall be on a separate utility connection directly between each dwelling unit and the utility for water, sewer, and electrical utilities. Gas utility connections shall be prohibited for such dwelling units.

8.

The maximum building area shall as follows:

a.

R-1-8 zoning district or effective zoning district: two thousand eight hundred fifty (2,850) square feet.

b.

R-1-20 zoning district or effective zoning district: four thousand five hundred (4,500) square feet.

c.

R-1-44 zoning district or effective zoning district: six thousand one hundred fifty (6,150) square feet.

d.

The maximum building area on lots with an average slope of ten percent (10%) or greater shall be determined by using the slope density defined in Section 13.04.080 with a reduction of four hundred fifty (450) square feet.

e.

In addition to the building area specified in Subsections 8.a. through 8.d. above, an additional four hundred fifty (450) square feet can be constructed for an enclosed attached garage. If a larger garage is constructed, the area in excess of four hundred fifty (450) square feet must be included in the maximum building area specified in Subsections 8.a. through 8.d. above.

f.

The maximum building area specified in Subsections 8.a. through 8.d. above includes the area of the first dwelling unit, any garage area over four hundred fifty (450) square feet, and the main house.

9.

Rooftop decks shall be prohibited.

10.

The footprint of proposed buildings shall not be located on lands with an average slope exceeding thirty percent (30%). This provision apples only to the building site, not the property as a whole.

11.

Grading shall not exceed fifty (50) cubic yards of cut plus fill except such grading activities as specified in Section 9.04.090.

G.

In cases of conflict between this Section and any other provision of this Title, the provisions of this Section shall prevail. To the extent that any provision of this Section is in conflict with State law, the applicable provision of State law shall control, but all other provisions of this Section shall remain in full force and effect.

(Ord. No. NS-228, § 2, 12-21-2021; Ord. No. NS-229, § 2, 1-4-2022; Ord. No. NS-240, § 1, 11-7-2023)