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Waterford City Zoning Code

CHAPTER 17

20 R GENERAL RESIDENTIAL DISTRICTS

§ 17.20.010 General purpose.

A. 
In addition to the general purposes listed in Section 17.01.020, the specific purposes of residential districts are to:
1. 
Provide appropriately located areas for residential development that are consistent with the general plan and with standards of public health and safety established by the municipal code;
2. 
Ensure adequate light, air, privacy, and open space for each dwelling, and protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental effects;
3. 
Promote development of housing affordable by low- and moderate-income households by providing a density bonus for projects in which a portion of the units are affordable for such households;
4. 
Protect residential areas from fires, explosions, landslides, toxic fumes and substances, and other public safety hazard;
5. 
Protect adjoining single-family residential districts from excessive loss of sun, light, quiet, and privacy resulting from proximity to multifamily development;
6. 
Achieve design compatibility with surrounding neighborhoods;
7. 
Provide sites for public and semipublic land uses needed to complement residential development or requiring a residential environment;
8. 
Ensure the provision of public services and facilities needed to accommodate planned population densities.
B. 
The regulations set forth in this chapter shall apply to all general residential districts including the RS (single-family residential) district, RM (medium density residential) district and RH (multifamily residential) district.
1. 
RS Single-Family Residential District. The purpose of the RS district is to provide single-family residential dwellings served by city services throughout the city of Waterford. This designation consists primarily of single-family detached housing, but a diversity of other single-family housing types, such as condominium and zero-lot-line residential units can be developed subject to new urbanism development standards. RS areas may be designated throughout the city with lower densities typically toward the edges of the city's growth, adjacent urban "buffer" areas. This residential classification can also be applied along special planning areas such as scenic corridors and open space areas.
2. 
RM Medium Density Residential District. The purpose of the RM district is to provide duplexes, triplexes, four-plexes, condominiums, units on appropriate sized lots. RM areas are typically designated close to commercial or other services and adjacent to parks and playgrounds. This land use classification should be applied in areas near major streets and thoroughfares for convenient access and on in-fill sites.
3. 
RH Multifamily Residential District. The purpose of the RH district is to provide apartments, multiple dwelling groups, condominiums, co-op housing studios, lofts and live-work units on appropriate sized lots. RH areas are typically designated adjacent to commercial and other services in close proximity to parks and playgrounds with direct access to major roadways and public transportation.
(Ord. 2011-02 §1)

§ 17.20.020 Land use regulations.

A. 
Schedule 20-1 below prescribes the land use regulations for the R districts. The regulations for each district are established by letter designations as follows:
1. 
"P" designates use classifications permitted in residential districts.
2. 
"L" designates use classifications that are permitted, subject to certain limitations.
3. 
"T" designates use classifications that are permitted to be conducted for a limited period of time and that require a temporary use permit pursuant to Chapter 17.74.
4. 
"AU" designates a use classification permitted in the district but requiring an administrative use permit as provided in Chapter 17.73 due to the nature of the use or the area within which the use is proposed requiring special review/approval procedures.
5. 
"U" designates use classifications that may be permitted upon approval of a conditional use permit, as provided in Chapter 17.75.
6. 
Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading.
7. 
Letters in parentheses in the "Additional Regulations" column refer to subsections in Section 17.20.030 following the schedule.
B. 
Use classifications are defined in Chapter 17.04. Uses not listed or not similar to the uses listed in Schedule 20-1 below are prohibited. Supplemental use regulations for R districts are set forth in Section 17.20.040 below.
C. 
All uses and activities conducted within R districts shall be subject to the provisions of Chapter 17.44 (Performance Standards) unless specifically exempted or modified by the provisions of the R district.
D. 
All development or use activities shall be conducted within R districts in conformance with the regulations set forth in Chapter 17.40 (General Regulations) unless specifically exempted or modified by provisions of the R district.
E. 
Other uses similar to but not specifically listed in Schedule 20-1 may be approved subject to AU procedures provided that they do not have impacts on surrounding land and uses, in accordance with Chapter 17.72 (Standards of Review), and that they support and further the stated purpose and intent of the R districts (Sections 17.20.010 and 17.20.020).
(Ord. 2011-02 §1)

§ 17.20.030 RS, RM and RH districts-Land use regulations.

Schedule 20-1 Residential Use Table (see Ch. 17.04, Use Classifications)
Use Classifications
RS
RM
RH
Supplemental Regulations
Residential Use Classifications (see §17.04.030)
 
 
 
 
Single-family residential unit
P
P
AU
(A) L2
Multifamily apartments residential
P
P
(A)
Day care (limited)
P
AU
AU
(B)
Group residential
U
AU
AU
(A) (C) (D)
Private garage
P
P
P
L3
Garage, patio or yard sales
L
L
AU
 
The keeping of domestic animals and pets
P
P
P
 
Home occupations
P
AU
AU
L1
Residential care (limited)
P
P
P
 
Emergency shelters
P
 
Transitional and/or supportive housing
P
P
P
 
Employee housing
P
No more than 6 workers
Public and Semipublic Use Classifications (see §17.04.040)
 
 
 
 
Clubs and lodges
U
U
U
(C) (D)
Convalescent facilities
U
AU
(C) (D)
Cultural institutions
U
U
U
(C) (D)
Day care (general)
AU
AU
(C) (D)
Parks and recreation facilities
P
P
P
(C)
Public safety facilities
AU
AU
(C) (D)
Religious assembly
U
U
U
(C) (H)
Residential care (general)
U
U
(A) (C)
Schools, public and private
U
U
U
(C) (D)
Utilities (minor)
P
P
P
(C)
Commercial Use Classifications (see §17.04.050)
 
 
 
 
Bed and breakfast inns
U
(C) (D) L5
Agricultural Use Classifications (see §17.04.070)
 
 
 
 
Horticulture (limited)
AU
AU
AU
 
Produce stand
T
T
T
(C) (D) L4
Accessory Use Classifications (see §17.04.080)
 
 
 
 
Accessory uses and structures
P
P
P
L7
Accessory dwelling unit
P
P
L7
Junior accessory dwelling unit
P
P
L7
Temporary Use Classifications (see §17.04.090)
 
 
 
 
Personal property, yard, garage or patio sales
P
P
AU
(C) L6
Religious assembly
AU
AU
AU
(C) (E)
Note: — means not permitted.
1
See Chapter 17.53 Home Occupations in R Districts.
2
See Section 17.40.120, Mobile Homes and Travel Trailers.
3
See Section 17.40.110, Keeping of Animals.
4
See Chapter 17.56, Produce Stands.
5
See Chapter 17.64, Bed and Breakfast Inn.
6
See Chapter 5.28, Garage Sales.
7
See Sections 17.40.150, Nonresidential accessory structures, and 17.40.160, Accessory dwelling units.
(Ord. 2011-02 §1; Ord. 2015-06 §2; Ord. 2017-09 §2; Ord. 2017-10 §1; Ord. 2020-05 §3)

§ 17.20.040 RS, RM and RH districts-Supplemental use regulations.

A. 
Rooms in a dwelling unit may be rented for occupancy by not more than three persons who are not members of a single housekeeping unit; provided that not more than two bedrooms shall be rented in each unit.
B. 
Planning commission use permit required, except that the planning director may approve use permits for general family day care homes caring for nine to fourteen children, as defined in Chapter 3.4 of the California Health and Safety Code.
C. 
Approval of a use permit shall require a finding that (1) the proposed use will have no significant unmitigated environmental impacts, does not have impacts on surrounding land and uses, in accordance with Chapter 17.72 (Standards of Review); and (2) the building design is compatible with surrounding buildings.
D. 
See Chapters 17.75 (Use Permits), 17.73 (Administrative Use Permits), 17.72 (Standards of Review) and 17.76 (Variances).
E. 
See Section 17.40.180, Religious assembly yard requirements.
(Ord. 2011-02 §1)

§ 17.20.050 RS, RM and RH districts-Property development regulations.

The following schedules prescribe development regulations for residential districts. The first three columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Regulations" column refer to the subsections of this section following the schedule.
Schedule 20-2 Residential Development Regulation Table
Development
RS
RM
RH
Additional Regulations
GP density/gross acre
4-6
6-12
12-36
(A) (C) (J)
Minimum site area (sq. ft.)
6,000
6,000
7,500
(B) (C) (H) (U)
Gross site area per unit (sq. ft.)
7,200
3,600
2,000
(B) (C) (J) (U)
Duplex on corner lot (sq. ft.)
8,000
-
-
(H) (E)
With density bonus for:
 
 
 
 
Low- or moderate-income housing
4,800
2,400
1,600
(A) (H) (L) (O)
Elderly housing
2,000
1,300
(A) (H) (L) (O)
Low-income elderly housing
1,500
1,000
(A) (H) (L) (O)
Minimum site width (ft.)
55
55
65
(B)
Minimum site width (ft.) on corner lots
65
65
70
(B)
Minimum yards:
 
 
 
 
Front (ft.)
15
15
15
(G)
Side (ft.)
5
6/10
6/10
(G) (I) (K) (V)
Corner side (ft.)
10
15
15
(G) (I) (V)
Rear (ft.)
10
10
15
(G) (I) (V)
Courts
 
 
 
(L)
Maximum height (ft.)
35
35
45
(M) (N)
Maximum height (ft.) accessory building
15
15
15
(M) (N)
Maximum coverage
40%
45%
60%
 
Park area
 
 
 
(P)
Open space (sq. ft.)
200
200
200
(P)
Minimum site landscaping (% of site area)
35%
30%
30%
(Q) (R)
Fences and walls
 
 
 
(S)
Off-street parking and loading
 
 
 
(D) (T)
Signs
See Chapter 17.60
Outdoor facilities
(F) See §17.40.290, Outdoor displays and facilities, and Ch. 17.50, Wireless Communications Facilities
Screening of mechanical equipment
See §17.40.240 and Ch. 17.50
Refuse storage areas
See §17.40.250
Underground utilities
See §17.40.300
Performance standards
See Ch. 17.44
Nonconforming uses & structures
See Ch. 17.63
Note: — means not applicable.
A. 
See Chapter 17.34, Affordable Housing Density Bonus Overlay District.
B. 
See Section 17.40.090, Development on substandard lots.
C. 
See Section 17.40.230, Development on lots divided by district boundaries.
D. 
See Section 17.54.190, Driveways and carports—Design and location in R districts.
E. 
See Section 17.40.220, Duplex units on corner lots.
F. 
See Section 17.40.130, Swimming pools.
G. 
Permitted Projections into Required Yards.
1. 
In All Districts. See Section 17.40.100, Building projections into yards and courts.
2. 
Accessory Structures. See Sections 17.40.150, Nonresidential accessory structures; 17.40.160, Accessory dwelling units; and 17.54.190, Driveways and carports—Design and location in R districts.
3. 
Minimum front yard is fifteen feet; twenty feet from the entrance of a garage or carport. See Section 17.40.100, Front yards in R districts.
H. 
See Section 17.40.170, Exterior materials in R districts.
I. 
Building Height and Required Yards. The width of a required interior side or rear yard adjoining a building wall exceeding twenty-five feet in height, excluding any portion of a roof, shall be increased five feet over the basic requirement.
-Image-11.tif
Building Height and Required Yards
(The diagram is illustrative)
J. 
The general plan special density bonuses to developments where neo-traditional development policies are applied as set forth in the general plan. Such bonuses allow up to nine units per acre in RS developments.
K. 
In the RM and RH districts, the average yard width shall be ten feet, and the minimum width six feet.
L. 
Courts Opposite Windows (RM and RH Districts).
1. 
Opposite Living Room Windows. The minimum width of a court opposite a living room window shall equal the height of the opposite wall, but shall not be less than twenty feet if there is a required window of a habitable room in the opposite wall.
2. 
Opposite Other Habitable Rooms. The minimum width of a court opposite a window of a habitable room other than a living room shall be fourteen feet if there is a required window of a habitable room in the opposite wall.
3. 
Dimensions of Courts. Required courts shall extend horizontally twenty feet in both directions from the vertical centerline of a required window, and shall extend upward from the window sill.
-Image-12.tif
Courts Opposite Windows
(The diagram is illustrative)
M. 
See Section 17.40.080, Exceptions to height limits.
N. 
The height measurement of the structure shall be the maximum vertical dimension measured from the lowest outside surface ground contact with the structure perimeter to the highest structure point. See Section 17.40.082.
-Image-13.tif
Height Measurements
(The diagram is illustrative)
O. 
In the RS and RM districts up to ten percent additional floor area may be allowed for mixed-use projects with twenty-five percent affordable residential units; see Chapter 17.34.
P. 
Open Space.
1. 
Basic Requirement. Total open space on a site having three or more dwelling units shall be at least two hundred square feet per dwelling unit.
2. 
Private Open Space. Private open space meeting a portion of the requirement shall be on patios or balconies within which a horizontal rectangle has no dimension less than six feet.
3. 
Shared Open Space. Shared open space, provided by non-street side yards, patios and terraces, shall be designed so that a horizontal rectangle inscribed within it has no dimension less than ten feet, shall be open to the sky, and shall not include driveways or parking areas, or area required for front or street side yards.
4. 
Parkland Dedication. All new single-family and multifamily housing development projects shall be subject to the parkland dedication requirements prescribed by Chapter 16.13 generally because they contribute to increased demand for community and neighborhood parks and recreational facilities. Imposition of said parkland dedication requirements is consistent with and implements the general plan's land use element insofar as it identifies parkland deficiencies in the city and calls for the creation and prioritization of new parks and park improvements. Said developments shall be subject to said requirements irrespective of whether or not they require tentative or parcel map approval unless such dedication and/or fees were required and paid for a part of a tentative or parcel map approval process in accordance with Chapter 16.13. The applicant for such developments shall dedicate land or pay an appropriate fee or a combination of dedication and fee as provided by Section 16.13.050.
Q. 
Planting Areas.
1. 
Yards Adjoining Streets. All visible portions of a required yard adjoining a street shall be a landscaped planting area.
2. 
Interior Yards. In the RM and RH districts, at least fifty percent of each required interior side yard and rear yard shall be planting areas having a minimum width of five feet adjoining a side or rear property line; provided, that the width of a required planting area may be reduced to two feet in one side or rear yard adjoining a driveway and an accessory structure may occupy a portion of the planting area in a rear yard.
3. 
Notwithstanding subsection (Q)(2) of this section, a continuous planting area having a minimum width of five feet shall adjoin an RS district.
R. 
See Chapters 17.45, Landscape Standards; 15.46, Water Efficient Landscaping Standards; 12.20, Street Trees; 12.30, Tree and Sidewalk Maintenance; solar access in accordance with Section 17.58.060, Prohibition on casting shadows; and California state law.
S. 
Fences and Walls. The maximum heights of a fence or wall shall be six feet except within fifteen feet of the front property line abutting a street, where the maximum height shall be three feet. In addition, all fences and walls shall be subject to the driveway and intersection visibility requirements of Chapter 17.62. For reversed corner lots, a fence placed on the rear and side property lines may be six feet in height; provided that the driveway visibility requirements of Section 17.40.100 are met. Where the difference in elevation between two adjacent lots is more than one foot, the maximum height from the upper property shall not be more than six feet to protect views from the upper lot, unless the planning director approves a higher height. The director's decision shall be subject to appeal to the planning commission under the provisions of Chapter 17.78.
T. 
No portion of a driveway located in a front setback area shall be used for required parking. See Chapter 17.54, Off-Street Parking and Loading Regulations.
U. 
Flag Lots. A tentative parcel map with four or fewer lots that contains up to two flag lots in the R district may be approved, if the following criteria are met:
1. 
Parcel map and flag lot configuration shall require planning commission review and approval;
2. 
The original parcel's shape, location or topography creates areas that could be developed with a residence that would not front on public streets;
3. 
The portion of the lot providing the access corridor shall not be counted towards meeting minimum lot size requirements for the flag lot;
4. 
Flag lot shall have a minimum street frontage of twenty-five feet;
5. 
Driveway accessing flag lot shall be paved with a minimum sixteen-foot width to access one lot;
6. 
Up to two lots may be accessed via one access driveway, provided the street frontage is increased to thirty feet and the paved driveway is increased to nineteen feet;
7. 
Width of lot shall measure at least fifty-five feet where the access corridor ends;
8. 
Side and rear yard setbacks for flag lot and adjoining lots shall be measured from the access corridor;
9. 
Front yard setback for flag lots shall be measured from where the access corridor ends;
10. 
The planning director shall be satisfied the applicant has not sold or transferred land, or taken any other steps to create the artificial result that the original parcel is shaped irregularly; and
11. 
Further subdivision of flag lots shall not be allowed.
The planning commission may attach additional requirements to the parcel map to ensure that the creation of a flag lot is not injurious to property or detrimental to the public welfare. The criteria above shall be incorporated into the findings of approval for any such subdivision.
V. 
Where there is a vertical grade separation between lots, building setback, retaining walls, and improvements shall be constructed in accordance with the requirements of Section 17.40.320.
(Ord. 2011-02 §1)

§ 17.20.060 Review of plans.

Certain projects shall require architectural design review (see Chapter 17.52).
(Ord. 2011-02 §1)