Chapter 30.28
"R1R" RESTRICTED RESIDENTIAL ZONE
30.28.010 Description and purpose.
30.28.020 Regulations in primary ridgeline areas, secondary ridgeline areas, and blue-line stream areas.
30.28.030 Permitted primary uses and structures.
30.28.040 Permitted accessory uses and structures.
30.28.050 Temporary uses and structures.
30.28.060 Conditional uses and structures.
30.28.070 Design review.
30.28.080 Preliminary schematic plan required.
30.28.090 Density.
30.28.100 Open space.
30.28.110 Lot size.
30.28.120 Coverage.
30.28.130 Floor area ratio.
30.28.140 Height.
30.28.150 Building envelopes and preliminary schematic plans.
30.28.160 Retaining wall and cribwall materials.
30.28.170 Setback requirements.
30.28.180 Landscaping.
30.28.190 Parking.
30.28.200 Rooftop equipment.
30.28.210 Merger of contiguous parcels.
30.28.010 Description and purpose.
The R1R zone is intended to preserve and protect low density residential neighborhoods or approved overlay zone uses in hillside areas in conformance with the comprehensive general plan to promote the public health, safety and general welfare of the community. Within this zone it is proposed to preserve valuable open space, physical features and scenic resources while, at the same time, permitting a substantial and reasonable beneficial use of such property. Wireless telecommunication facilities are disfavored from locating in this zone, permitting these facilities only when no feasible alternative site exists or when a denial would constitute a prohibition on the provision of the affected telecommunications service. (Ord. 5176 º 10, 1997: Ord. 5009 º 64, 1993: prior code º 30-700)
30.28.020 Regulations in primary ridgeline areas, secondary ridgeline areas, and blue-line stream areas.
All subdivisions, development, building, construction, and grading in the R1R zone shall be regulated by sections 16.04.030, 16.04.033 and 16.04.037 of this Code as related to primary ridgeline areas, secondary ridgeline areas, and blue-line stream areas. Any exception to the standards contained in these sections shall only be made by the planning commission or the city council at a public hearing. (Ord. 5009 º 65, 1993: prior code º 30-700.1)
30.28.030 Permitted primary uses and structures.
No building, structure or land shall be used and no building, structure or use in the R1R zone shall be erected, structurally altered, enlarged or established except the following permitted uses, buildings and structures.
a. One (1) residential dwelling per lot.
b. Open space.
c. Parks and recreational facilities operated by a homeowners' association and approved in connection with a subdivision.
d. Public parks, playgrounds and recreational areas.
e. Scenic reserves and trails. (Prior code º 30-701)
30.28.040 Permitted accessory uses and structures.
The following accessory uses, buildings and structures shall be permitted in the R1R zone.
a. Accessory living quarters or guest house not to exceed an aggregate area of five hundred (500) square feet of floor area.
b. Accessory uses, buildings and structures including gazebos, greenhouses, noncommercial workshops, cabanas, dressing rooms, recreational buildings and restrooms.
c. Antennas (pole type) and flagpoles.
d. Dish antennas in compliance with the conditions and criteria of chapter 30.16, article X of this title.
e. Home occupations subject to the approval of a home occupation permit in compliance with the conditions and criteria of chapter 30.16, article VII of this title.
f. Private garages.
g. Signs, in compliance with chapter 15.08 of this Code.
h. Swimming pools, spas, and saunas.
i. Tennis, paddleball, badminton, volleyball, and similar courts. (Prior code º 30-702)
30.28.050 Temporary uses and structures.
a. Contractor's office and/or storage. Temporary structures for the storage of tools and equipment or containing supervisory offices of the minimum necessary in connection with construction of a project on site may be established and maintained only during the progress of active construction, under an effective grading, building utility, street or other development permit. Such temporary structure(s) shall be immediately removed upon expiration of the applicable permits.
b. Temporary subdivision sales offices, sales trailers and model dwellings or trailers proposed for use as temporary sales offices shall be registered with the zoning administrator by an application for conditions of use. The zoning administrator may establish conditions for operations and maintenance including but not limited to restrictions on hours of operation, lighting and promotional restrictions and reasonable termination of the temporary use. The decision of the zoning administrator shall be appealable in the manner prescribed in chapter 30.16, article IX of this title. (Prior code º 30-703)
30.28.060 Conditional uses and structures.
The following uses and structures may be permitted in the R1R zone subject to approval of a conditional use permit in compliance with the conditions and requirements of chapter 30.16, article VI of this title. The development standards of this zone shall apply except as otherwise provided herein.
a. Churches, synagogues, temples and houses of worship.
b. New dwelling unit construction on a lot having a lot width of less than eighty (80) feet, excepting flag lots; or on a lot with an average current slope exceeding fifty (50) percent; or on a lot where more than one thousand five hundred (1,500) cubic yards of earth material are proposed to be moved in conjunction with the construction. This subsection shall not apply to lots which have been created by a tract map or parcel map given tentative map approval after April 15, 1993.
c. Private recreational areas on a separate lot.
d. Privately operated public utility uses, structures or transmission facilities.
e. Publicly operated transmission facilities.
f. Wireless telecommunication facilities in compliance with the provisions of chapter 30.122.
g. Any use within a historic resource listed below:
1. Answering services.
2. Art studios or galleries not to exceed eight hundred (800) square feet.
3. Boarding or lodging houses.
4. Day care centers.
5. Detective agencies.
6. Institutions, philanthropic.
7. Interior decorator shops.
8. Professional offices.
9. Real estate offices not to exceed eight hundred (800) square feet.
10. Sales representative offices excluding on-site sales.
11. Travel agencies not to exceed eight hundred (800) square feet. (Ord. 5176 º 11, 1997: Ord. 5110 º 23, 1996: Ord. 5009 º 66, 1993: prior code º 30-704)
30.28.070 Design review.
Design review shall be required in accordance with the provisions of chapter 30.16, article X of this title. (Prior code º 30-705)
30.28.080 Preliminary schematic plan required.
A "preliminary schematic plan" shall be required for all tentative tract and tentative parcel map applications located in the R1R zone pursuant to the requirements of section 16.12.050 of this Code. (Ord. 5009 º 67, 1993: prior code º 30-705.1)
30.28.090 Density.
The maximum allowable density for any residential subdivision excluding parcel maps shall depend on the average current slope of the entire area within the project including primary and secondary ridgeline areas and blue-line stream areas. The average current slope of a parcel of land shall be computed in accordance with the provisions of section 30.08.770 of this title. The density for property shall be computed in accordance with the following:
S D S D
0 - 5.0% 3.00 40.1 - 45.0% 0.96
5.1 - 10.0% 2.70 45.1 - 50.0% 0.80
10.1 - 15.0% 2.42 50.1 - 52.0% 0.65
15.1 - 20.0% 2.13 52.1 - 54.0% 0.60
20.1 - 25.0% 1.87 54.1 - 56.0% 0.55
25.1 - 30.0% 1.61 56.1 - 58.0% 0.51
30.1 - 35.0% 1.37 58.1 - 60.0% 0.48
35.1 - 40.0% 1.15 60.1% or above 0.45
The letters shall have the following significance:
D = Maximum allowable density in dwelling units per gross acre.
S = Average current slope.
In no event shall the density be restricted to less than forty-five hundredths (0.45) dwelling units per acre. When the subdivision covers an area to be developed in more than one (1) unit of area, the first unit of area shall meet the density requirements set forth herein. Each succeeding unit of area, which combined with the prior units of area, shall meet the average density requirements set forth herein. Where the development is in more than one (1) underlying residential zone, the number of allowable dwelling units must be separately calculated for each portion of the development that is in a separate zone and must then be combined to determine the number of dwelling units allowable in the entire development. The distribution of dwelling units within the development is not to be affected by existing underlying zoning boundaries and the provisions of this section shall control.
While clustering of dwelling units may be desirable to accomplish sensitive development, the net effective density within any portion of the subdivision shall not exceed one and one-half (11/2) dwelling units per acre. Net effective density is the density of that area occupied by building envelopes within any portion of the subdivision excluding areas with an average current slope less than thirty (30) percent. (Ord. 5009 º 68, 1993: prior code º 30-706)
30.28.100 Open space.
A minimum of forty (40) percent of the site area in the R1R zone shall be ungraded open space for any lot exceeding an average current slope of thirty (30) percent. In the case of new tentative tract maps, the required open space can be distributed throughout the subdivision. (Ord. 5009 º 69, 1993: prior code º 30-706.1)
30.28.110 Lot size.
The minimum lot side for subdivision purposes, including parcel maps, in the R1R zone shall be twelve thousand (12,000) square feet. The average lot size for parcel map subdivision purposes in the R1R zone shall be thirty thousand (30,000) square feet except for site areas with an average current slope less than thirty (30) percent. However, for parcels or units of land divided before June 26, 1986, the minimum land area is seven thousand five hundred (7,500) square feet, provided that nothing in this section shall prohibit the repair, alteration or enlargement of any structure or building existing on any such previously divided parcel or unit of land not meeting said minimum land area requirement. (Ord. 5009 º 70, 1993: prior code º 30-707)
30.28.120 Coverage.
The maximum lot coverage by all residential and accessory buildings shall not exceed forty (40) percent of the lot area. (Prior code º 30-707.1)
30.28.130 Floor area ratio.
a. For the purpose of this section the term "floor area ratio" shall not include garage area as specified in the definition of the term.
b. The floor area ratio in Floor Area Ratio District I of the R1R zone shall not exceed .30 (thirty hundredths).
c. The floor area ratio in Floor Area Ratio District II of the R1R zone shall not exceed .40 (forty hundredths) for the first 10,000 (ten thousand) square feet of lot area and .20 (twenty hundredths) for each additional square foot of lot area thereafter.
d. The floor area ratio in Floor Area Ratio District III of the R1R zone shall not exceed .45 (forty-five hundredths) for the first 10,000 square feet of
lot area and .20 (twenty hundredths) for each additional square foot of lot area thereafter.
e. In no case shall the above calculated floor area ratio prohibit the construction of a residence less than 2,200 (two thousand two hundred) square feet on a lot containing at least 5,000 (five thousand) square feet in area. (Prior code º 30-707.2)
30.28.140 Height.
a. No primary building in the R1R zone shall exceed the height restrictions set forth in building envelope Figure 30.28.150 of this chapter.
b. No accessory building shall exceed a height of twelve (12) feet, or fifteen (15) feet where a minimum roof pitch of three (3) feet in twelve (12) feet is provided, pursuant to the definition of height set forth in this title. Accessory buildings constructed to the side of or below the downslope wall of the main building or structure on a lot in the R1R zone with an average downhill orientation of five horizontal to one vertical (5:1) slope or steeper, shall be limited as follows: the down slope wall of such accessory building shall not exceed ten (10) feet in height.
c. Accessory structures shall not exceed a height of fifteen (15) feet pursuant to the definition of height set forth in this title.
d. Retaining walls in the R1R zone are subject to the following height restrictions in addition to those specified in section 30.28.170:
1. Retaining walls which have a toe within fifteen (15) feet of a street and run essentially parallel to the street may have a maximum exposed height of five (5) feet at any point along the wall. An additional two (2) feet in height is permitted when the wall is faced with a decorative masonry or stone, subject to approval of the director of planning. A maximum of two (2) successive walls are permitted, provided that they are at least five (5) feet apart and have a slope between walls not to exceed 2:1 horizontal to vertical steepness.
2. Retaining walls which are hidden from view from the public street by primary or accessory structures that are upslope from their public street access may have a maximum exposed height of fifteen (15) feet at any point along the wall. Successive hidden retaining walls may not exceed a total combined exposed height of fifteen (15) feet.
3. Retaining walls which do not meet the criteria of subsection 1 or 2 above may have a maximum exposed height of five (5) feet at any point along the wall. A maximum of three (3) successive walls are permitted, provided that they are at least five (5) feet apart and have a slope between walls not to exceed 2:1 horizontal to vertical steepness.
e. Landscaped cribwalls in the R1R zone are subject to the following height restrictions:
1. Landscaped cribwalls necessary solely for street construction may have a maximum exposed height of twenty (20) feet at any point along the wall. Successive landscaped cribwalls in such a situation may not exceed twenty (20) feet in combined height.
2. Landscaped cribwalls which are hidden from view from the public street by primary or accessory structures that are upslope from their public street access may have a maximum height of twenty-five (25) feet at any point along the walls. Successive hidden landscaped cribwalls may not exceed twenty-five (25) feet in combined height.
3. Landscaped cribwalls which are located at the toe of a fill slope that is at least forty (40) feet from any street may have a maximum height of thirty (30) feet at any point along the wall.
4. Cribwalls which do not meet the criteria of subsection 1, 2, or 3 above may have a maximum exposed height of five (5) feet at any point along the wall. A maximum of three (3) successive walls are permitted, provided that they are at least five (5) feet apart and have a slope between walls not to exceed 2:1 horizontal to vertical steepness.
f. All supporting structures below enclosed occupiable living spaces or garages which are exposed above the ground surface shall be fully enclosed by walls or suitable construction. (Ord. 5009 º 71, 1993: prior code º 30-708)
30.28.150 Building envelopes and preliminary schematic plans.
All primary buildings in the R1R zone shall
Figure 30.28.150
Figure 30.28.150 (Continued)
comply with the building envelope standards of Figure 30.28.150 and all buildings and structures shall comply with the "preliminary schematic plan" approved in conjunction with any tentative tract or tentative parcel map application, where applicable. (Ord. 5009 º 72, 1993: prior code º 30-708.1)
30.28.160 Retaining wall and cribwall materials.
All exposed retaining walls and cribwalls in the R1R zone which may be visible to surrounding properties or streets shall be constructed with stone, textured poured concrete, or textured decorative colored masonry block with colored grout where grout is used to blend with the color of the natural hillside. (Ord. 5009 º 73, 1993: prior code º 30-708.2)
30.28.170 Setback requirements.
a. Street Setback. No building or structure in the R1R zone shall be closer than fifteen (15) feet to any property line abutting a street.
1. No person shall construct, locate or maintain within the space between a street and a setback line established by ordinance or by this title, any building, wall, fence or structure except:
(a) Driveways and walks, provided that a driveway shall be limited to that area reasonably necessary to provide safe and efficient ingress to and egress from off-street parking spaces located behind a setback area. Circular driveways shall be a permitted exception on lots having a minimum width of sixty (60) feet and where buildings or structures are set back not less than twenty-five (25) feet from the property line. The outer turning radius of a circular driveway shall be a minimum of twenty-five (25) feet. Circular driveways shall be used only for the temporary storage of motor vehicles and shall not be used in lieu of required off-street parking spaces. A driveway shall not occupy more than forty-five (45) percent of the street setback area measured from a line fifteen (15) feet back from the street right-of-way line except for flag lots and lots located on the curve of a cul-de-sac;
(b) Eaves may project into a required setback area for a distance not to exceed thirty (30) inches;
(c) Flagpoles limited to one (1) per site;
(d) Footings and public utility vaults if fully subterranean;
(e) Lampposts adjacent to walkways, stairways and driveways not to exceed a height of five (5) feet;
(f) Landscape accent lighting not to exceed eighteen (18) inches in height;
(g) Necessary railings to comply with Building Code requirements adjacent to driveways or stairways which are either elevated above the ground surface or depressed below the ground surface;
(h) Retaining walls, planters or curbs which are not more than eighteen (18) inches in height above the ground surface existing at the time of construction, except that retaining walls shall not be used to create light and ventilation wells as an intrusion into a front setback area;
(i) Uncovered steps or landings not over four (4) feet high as measured parallel to the natural or finish ground level at the location of the construction may project into the required setback area three (3) feet for a length of fourteen (14) feet measured parallel to the building.
2. No person shall store materials or equipment within the space between a street and a setback line established by ordinance or by this chapter except temporarily during construction on the same premises.
b. Interior Setback. All buildings and structures and additions to such buildings and structures for which a building permit has been issued in the R1R zone permitted prior to May 2, 1991, shall be set back from the interior property lines a minimum of four (4) feet for buildings and structures twenty (20) feet or lower in height; not less than five (5) feet for buildings and structures over twenty (20) feet and equal to or less than thirty (30) feet in height; and, not less than six (6) feet for buildings and structures over thirty (30) feet in height. Buildings and structures permitted after May 2, 1991, shall be set back from the interior property lines a minimum of ten (10) feet.
1. Notwithstanding the above provisions, the following are exceptions to the minimum interior setback.
(a) Boundary line fences and freestanding (nonretaining) walls may be located along the interior property lines or within interior setback areas, but may not encroach into the street setback area. Retaining walls under three (3) feet in height may
be located within interior setback areas. Retaining walls under eight (8) feet in visible height may be located no closer than five (5) feet to any interior property line.
(b) Detached private garages.
(c) Driveways and walks.
(d) Eaves may project into a required setback area for a distance not to exceed thirty (30) inches, provided they do not project closer than thirty (30) inches to an interior property line.
(e) Fireplaces and chimneys may project into the required interior setback area a maximum of two (2) feet for a length of ten (10) feet measured parallel to the building.
(f) Footings and public utility vaults if fully subterranean.
(g) Mechanical equipment that is fully enclosed on all sides and the top shall not be required to set back from an interior property line. Mechanical equipment that is not fully enclosed shall be set back the same minimum distance as the primary building on the lot.
(h) Railings adjacent to stairways.
(i) Swimming pools and spas shall be set back a minimum of three (3) feet from any interior property line, such distance being measured to the edge of the water.
(j) Uncovered steps or landings not over four (4) feet high as measured parallel to the natural or finish ground level at the location of the construction may project into the required setback area three (3) feet for a length of fourteen (14) feet measured parallel to the building.
(k) In the case of subdivisions with a "preliminary schematic plan" building envelope location requirement, structures may be located closer to the interior property line, provided the setback between building envelopes is at least twenty (20) feet.
c. No required setback area shall be used to store any motor vehicle, trailer, camper, boat, or parts thereof, equipment or any type of antenna except as provided for in this title. (Ord. 5009 º 74, 1993: prior code º 30-709)
30.28.180 Landscaping.
a. All street setback areas in the R1R zone shall be fully landscaped with plant materials and shall be permanently maintained in a neat and orderly manner.
b. A minimum of forty (40) percent of the total lot area shall be permanently landscaped open space. Decorative design elements such as swimming pools, spas, fountains, sculptures, planters, rock gardens or other similar elements may be permitted where they are integral parts of a landscape plan composed primarily of live plant materials. Neither the interior nor the street setback areas shall be completely paved or covered with gravel.
c. The superintendent of building shall not issue a permit for construction of a dwelling or accessory buildings on a lot which has a slope greater than two horizontal to one vertical (2:1) unless the plans are accompanied by a landscaping plan which shall accurately show the location of all existing trees to be retained or removed and the type and extent of proposed landscaping including provisions for irrigation thereof. Said plan shall be prepared by a licensed landscape architect, and approved by the director of planning.
The above requirements of subsection c shall not apply to a lot having either a split-level pad or not less than four thousand (4,000) square feet, or a single-level pad of not less than five thousand (5,000) square feet. (Prior code º 30-710)
30.28.190 Parking.
a. All parking areas and vehicle accessways shall be in compliance with the provisions of chapter 30.124 of this title.
b. Not more than one (1) commercial vehicle may be stored, parked or in any manner left on any lot. The size of this vehicle may not exceed either eight (8) feet in width, eight (8) feet in height, or twenty (20) feet in length. Such dimensions shall include the vehicle together with fixtures, accessories or property, with the exception of single-post radio antennas and side mirrors.
c. Driveways and accessways may be used for parking of vehicles of occupants and guests, including service vehicles while loading and unloading on business calls, provided such parking is done on a temporary basis and only on improved accessways meeting the standards of chapter 30.124 of this title.
d. All driveway surfaces within the street setback shall contain decorative paving elements to provide for an aesthetically pleasing appearance from the public right-of-way.
e. Any driveway serving a parking area shall be a minimum of eighteen (18) feet in length from the back of the sidewalk or the property line where no sidewalk exists. (Prior code º 30-711)
30.28.200 Rooftop equipment.
Rooftop equipment shall be completely enclosed on all sides or screened from view of public rights-of-way. (Prior code º 30-711.1)
30.28.210 Merger of contiguous parcels.
a. For contiguous parcels or units held by the same owner of record, if one (1) of such parcels or units does not conform to standards for minimum parcel size set forth in this chapter, such parcels may be merged if all of the following requirements are satisfied:
1. At least one (1) of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.
2. With respect to any affected parcel, one (1) or more of the following conditions exists:
(a) Comprises less than five thousand (5,000) square feet in area at the time of the determination of merger; or
(b) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation; or
(c) Does not meet current standards for sewage disposal and domestic water supply; or
(d) Does not meet slope stability standards; or
(e) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability; or
(f) Its development would create health or safety hazards; or
(g) Is inconsistent with the applicable general plan and any applicable specific plan other than minimum lot size or density standards.
b. A notice of intention to determine status shall be filed by the director of planning for record with the county recorder and, on the same date, such notice shall be mailed by said director by certified mail to the then current record owner, notifying the owner that the affected parcels may be merged pursuant to the standards specified herein, and advising the owner of the opportunity to request a hearing and present evidence.
c. The record owner may request a hearing before the city council within thirty (30) days of said notice on determination of status and may present evidence at the hearing that the property does not meet the criteria for merger. A hearing before the city council shall be conducted within sixty (60) days after receipt of the owner's request, unless mutually postponed or continued. Notice of the hearing shall be served on the record owner by the director of planning by certified mail. At the conclusion of the hearing, the city council shall make a determination that the affected parcels are to be merged or are not to be merged and the city clerk shall notify the then current record owner of the city council's determination and shall, within thirty (30) days thereafter, either cause a notice of merger or a release of the notice of intention to determine status to be filed for record with the county recorder. All such notices filed for record shall specify the names of the current record owners and shall particularly describe the real property.
d. If the property owner fails to request a hearing as provided for herein, the city clerk shall, within ninety (90) days of the recordation of the notice of intention to determine status, specifying the names of the record owners and particularly describing the real property to be filed for record with the county recorder. (Prior code º 30-712)