Chapter 30.48
"R-1250" HIGH DENSITY
RESIDENTIAL ZONE
30.48.010 Description and purpose.
30.48.020 Permitted primary uses and structures.
30.48.030 Permitted accessory uses and structures.
30.48.040 Temporary uses and structures.
30.48.050 Conditional uses and structures.
30.48.060 Design review.
30.48.070 Density.
30.48.080 Coverage.
30.48.090 Dwelling unit size.
30.48.100 Floor area ratio.
30.48.110 Height.
30.48.120 Setback requirements.
30.48.130 Open space and landscaping.
30.48.140 Private outdoor space.
30.48.150 Common outdoor space.
30.48.160 Distance between dwellings.
30.48.170 Parking.
30.48.180 Rooftop equipment.
30.48.190 Trash collection areas.
30.48.200 Access to dwelling units.
30.48.210 Laundry facilities.
30.48.220 Storage space-Private.
30.48.010 Description and purpose.
The R-1250 zone is intended primarily as a zone for high density residential development with a minimum of twelve hundred fifty (1,250) square feet of lot area per dwelling unit or approved overlay zone uses, in conformance with the comprehensive general plan of the city. The location of the R-1250 zone is based on convenience, adequacy of services, traffic circulation and the existence of open space and recreation areas which support the concentration of population in such zones. It is in the public interest that multiple residential dwelling areas in the community be made pleasant, inviting and efficient and that considerations of amenity and attractiveness are appropriate in the promotion of the health, safety and general welfare. 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 20, 1997: prior code º 30-1300)
30.48.020 Permitted primary uses and structures.
No building, structure or land shall be used and no building, structure, or use in the R-1250 zone shall be erected, structurally altered, enlarged or established except the following permitted uses and structures.
a. Multiple residential dwellings including apartments, townhouses, or similar buildings designed to house in separate units more than one (1) household.
b. One (1) residential dwellings.
c. Boardinghouses or lodging houses.
d. Retirement or rest homes.
e. 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. Barber shops not to exceed eight hundred (800) square feet.
4. Beauty shops not to exceed eight hundred (800) square feet.
5. Civic and social organization offices.
6. Day care centers.
7. Detective agencies.
8. Florist and plant shops.
9. Institutions, philanthropic.
10. Insurance offices.
11. Interior decorator shops.
12. Professional offices.
13. Real estate offices not to exceed eight hundred (800) square feet.
14. Sales representative offices excluding on-site sales.
15. Tailor, custom alterations shops.
16. Travel agencies not to exceed eight hundred (800) square feet. (Ord. 5110 º 31, 1996: prior code º 30-1301)
30.48.030 Permitted accessory uses and structures.
The following accessory uses, buildings and structures shall be permitted in the R-1250 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 30-1302)
30.48.040 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 30-1303)
30.48.050 Conditional uses and structures.
The following uses and structures may be permitted in the R-1250 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. Day care center, only where operated at a church, synagogue, temple, or other house of worship, religiously affiliated or nonsectarian preschool. In determining whether to grand or deny a conditional use permit for a day care center hereunder, the content of any curriculum and every aspect of an organization's operations which are religious in nature shall not be considered.
c. Private educational institutions.
d. Senior citizen housing developments.
e. Sorority or fraternity houses and dormitories.
f. Any use within a historic resource listed below:
1. Dry cleaning and laundry establishments, nonindustrial service to the general public only for drop off or pick up only.
2. Restaurants, full service not to exceed a seating capacity of forty (40) persons.
g. Wireless telecommunication facilities in compliance with the provisions of chapter 30.122. (Ord. 5176 º 21, 1997: Ord. 5110 º 32, 1996: prior code º 30-1304)
30.48.060 Design review.
Design review shall be required in accordance with the provisions of chapter 30.16, article X of this title. (Prior code º 30-1305)
30.48.070 Density.
There shall be not more than one (1) dwelling unit for each twelve hundred fifty (1,250) square feet of lot area. On lots having a width of ninety (90) feet or greater, there shall be not more than one (1) dwelling unit for each one thousand (1,000) square feet of lot area. (Prior code º 30-1306)
30.48.080 Coverage.
The maximum lot coverage by all residential and accessory buildings shall not exceed fifty (50) percent of the lot area. (Prior code º 30-1307)
30.48.090 Dwelling unit size.
The gross floor area of any dwelling unit in the R-1250 zone shall be not less than provided herein. For the purpose of this section, dens, studies or other similar rooms which may be used as bedrooms shall be considered as bedrooms. Living rooms, dining rooms, kitchens or bathrooms shall not be considered as bedrooms, except that separate dining rooms in efficiency units or rooms that could be converted into additional bedrooms shall be considered as bedrooms.
a. Efficiency and one (1) bedroom units: six hundred (600) square feet.
b. Two (2) bedroom units: eight hundred (800) square feet.
c. Three or more bedroom units: one thousand (1,000) square feet. (Prior code º 30-1308)
30.48.100 Floor area ratio.
The floor area ratio in the R-1250 zone shall not exceed 1.2 (one and twenty hundredths). (Prior code º 30-1309)
30.48.110 Height.
a. No building in the R-1250 zone shall exceed a height at any point of three (3) stories or thirty-six (36) feet, whichever is less. On lots having a lot width of ninety (90) feet or less, a maximum of two (2) stories or twenty-six (26) feet, whichever is less, shall be permitted. An additional five (5) feet in height shall be permitted for any roofed area having a minimum pitch of three (3) feet in twelve (12) feet. Rooftop equipment shall not be included in the measurement of the vertical dimension provided that said equipment is fully screened by a roofed element of the building having a minimum pitch described herein.
b. Accessory structures shall not exceed a height of fifteen (15) feet pursuant to the definition of height set forth in this title. (Ord. 4982 º 9, 1992: prior code º 30-1310)
30.48.120 Setback requirements.
a. Street Front Setback. All buildings and structures in the R-1250 zone shall be set back from any front property line a minimum of twenty (20) feet and an average of twenty-three (23) feet for any garage or first residential floor; not less than twenty-three (23) feet and an average of twenty-six (26) feet for the second and third residential floors (see Diagram 1 in Figure 30.44.120).
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;
(b) Eaves may project into a required setback area for a distance not to exceed thirty (30) inches;
(c) Fire department connections and standpipes, not to exceed a height of twenty-four (24) inches. To the greatest extent possible, such fire equipment shall be incorporated into landscaped areas and located adjacent to walls, landings, stairways, driveways or other locations to minimize the visual impact;
(d) Flagpoles, limited to one (1) per site;
(e) Footings and public utility vaults if fully subterranean;
(f) Lampposts adjacent to walkways, stairways and driveways, not to exceed a height of five (5) feet;
(g) Landscape accent lighting, not to exceed eighteen (18) inches in height;
(h) Necessary railings adjacent to stairways;
(i) 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;
(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 four (4) feet for a length of fourteen (14) feet measured parallel to the building.
2. No person shall store material or equipment within the space between a street and setback line established by ordinance or this chapter except temporarily during construction on the same premises.
b. Street Side Setback. All buildings and structures in the R-1250 zone shall be set back from any side property line abutting a street a minimum of five (5) feet and an average of eight (8) feet for the first residential floor; not less than eight (8) feet and an average of eleven (11) feet for the second residential floor; and not less than eleven (11) feet and an average of fourteen (14) feet for the third residential floor (see Diagram 2 in Figure 30.44.120).
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 other improvement 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;
(b) Eaves may project into a required setback area for a distance not to exceed thirty (30) inches;
(c) Fire department connections and standpipes, not to exceed a height of twenty-four (24) inches. To the greatest extent possible, such fire equipment shall be incorporated into landscaped areas and located adjacent to walls, landings, stairways, driveways or other locations to minimize the visual impact;
(d) Flagpoles, limited to one (1) per site;
(e) Footings and public utility vaults if fully subterranean;
(f) Lampposts adjacent to walkways, stairways and driveways, not to exceed a height of five (5) feet;
(g) Landscape accent lighting, not to exceed eighteen (18) inches in height;
(h) Necessary railings on top of subterranean and semi-subterranean garages;
(i) 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;
(j) Subterranean and semi-subterranean parking garages shall be set back a minimum of five (5) feet from the street side property line. Such parking garages may include equipment, service, utility and storage areas, provided such areas do not have any door, window or other opening to the outside facing the street except for necessary ventilation;
(k) Additions to any existing residential dwelling unit where only one (1) residential dwelling unit exists on the lot and for which a building permit has previously been issued for the dwelling unit prior to December 14, 1995, shall be set back a minimum of six (6) feet from any side property line abutting a street.
2. No person shall store material or equipment within the space between a street and setback line established by ordinance or this chapter except temporarily during construction on the same premises.
c. Interior Setback. All buildings and structures in the R-1250 zone shall be set back from any interior property line a minimum of five (5) feet and an average of eight (8) feet for the first residential floor; not less than eight (8) feet and an average of eleven (11) feet for the second residential floor; and not less than eleven (11) feet and an average of fourteen (14) feet for the third residential floor (see Diagram 2 in Figure 30.44.120).
All portions of a building (excluding chimneys, railings and vents) abutting the ROS, R1R or R1 zones shall be set back a minimum of eight (8) feet and an average of eleven (11) feet for the first residential floor; not less than eleven (11) feet and an average of fourteen (14) feet for the second residential floor; and not less than fourteen (14) feet and an average of seventeen (17) feet for the third residential floor (see Diagram 3 in Figure 30.44.120).
1. Notwithstanding the above provisions, the following are exceptions to the minimum interior setback:
(a) Boundary line fences and walls may be located along the interior property lines or within interior setback areas but may not encroach into the street setback area;
(b) Detached private garages on a lot where all vehicular access to parking spaces is gained from an alley;
(c) Attached and detached private garages not exceeding a height of fifteen (15) feet on lots less than sixty-one (61) feet wide shall have a minimum interior setback of five (5) feet;
(d) Driveways and walks, except where abutting the ROS, R1R or R1 zones;
(e) 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;
(f) 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;
(g) Footings and public utility vaults if fully subterranean;
(h) Railings, walls on top of roof deck balconies with a maximum height of forty-five (45) inches;
(i) Semi-subterranean parking garages shall have a minimum interior setback of five (5) feet. Semi-subterranean parking garages not extending more than three (3) feet above grade may project completely to the interior property line, except where abutting ROS, R1R or R1 zones, provided that the combined height of the garage and any solid wall or fence on top of the garage in the setback area does not exceed six and one-half (61/2) feet above the adjacent ground level and the garage is located immediately adjacent to the interior property line;
(j) Subterranean parking garages, except where abutting the ROS, R1R or R1 zones;
(k) Swimming pools and spas shall be set back a minimum of four (4) feet from any interior property line, except where abutting the ROS, R1R or R1 zones, such distance being measured to the edge of the water;
(l) 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 four (4) feet for a length of fourteen (14) feet measured parallel to the building, except where abutting the ROS, R1R or R1 zones;
(m) Additions to any existing residential dwelling unit where only one (1) residential dwelling unit exists on the lot and for which a building permit has previously been issued for the dwelling unit prior to December 14, 1995, shall be set back a minimum of six (6) feet from any interior property line.
d. Limitation of Storage. 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. 5101 º 4, 1995: Ord. 4982 º 10, 1992: prior code º 30-1311)
30.48.130 Open space and landscaping.
a. All street setback areas and other areas not occupied by buildings, parking, driveways, walkways, and other incidental residential activities in the R-1250 zone shall be fully landscaped with plant materials and shall be permanently maintained in a neat and orderly manner. At least twenty-five (25) percent of the total lot area shall be permanently landscaped open space. For the purposes of this section, permanent landscaping shall consist of landscaped areas at the ground level or in planters having a minimum length, width, diameter and depth of twenty-four (24) inches. The soil depth shall be increased to thirty (30) inches minimum in the area where trees are to be planted. Decorative design elements such as fountains, sculptures, planters, rocks or other similar elements may be permitted where they are integral parts of a landscape plan composed primarily of live plant materials. Pedestrian walks and vehicular accessways shall be permitted in such landscaped areas but may not be counted as landscaped open space. The street setback area shall not be completely paved or covered with gravel. Permanent and automatic irrigation facilities shall be provided in all permanent landscaped areas except potted containers. Landscape and irrigation plans shall be prepared by those licensed in the State of California to prepare such plans and submitted in connection with a building permit prior to its issuance. All landscaping and irrigation facilities shall be installed prior to the final approval of the building permit in accordance with the approved plans or a cash bond deposited with the superintendent of building in an amount equal to twice the estimated cost of installing the landscaping and irrigation. If the estimated cost of installing the landscaping and irrigation exceeds ten thousand dollars ($10,000), an instrument of credit may be deposited in lieu of a cash bond. Prior to the issuance of a use and occupancy certificate or release of the cash bond or instrument of credit, an individual licensed in the State
of California to prepare landscape and irrigation plans shall file a certificate of compliance with the superintendent of building that all landscaping and irrigation improvements have been installed in substantial conformance with approved plans. If the developer fails to install the landscaping and irrigation within a reasonable time, the superintendent of building may cause all landscaping and irrigation equipment to be installed as provided in the approved plan and to use the cash bond or instrument of credit for payment of the cost of such installation. Landscaping shall be permanently maintained in substantial conformance with the approved plan.
b. Trees shall be planted along any interior property line abutting an ROS, R1R or R1 zone boundary to provide an effective screen of the multi-unit structure from the neighboring single-family dwelling.
c. Additional Open Space. On a lot with a density exceeding one (1) dwelling unit for each one thousand two hundred fifty (1250) square feet of lot area and with a minimum width of ninety (90) feet, an additional nine hundred (900) square foot open space area shall be provided contiguous to a street
front/side setback area. For each additional foot of lot width thereafter, or minor fraction thereof, an additional twenty (20) square feet of such open space area shall be provided. Said area may be located on top of a subterranean or semi-subterranean garage area and may be "common outdoor space"; may be landscaped; shall be located within the fifty (50) percent of the lot depth/width nearest the front property line or street side property line; shall be visible from the public street; shall not include "private outdoor space"; and shall not include or be located within any required minimum interior, street front or street side setback area. Planter walls not exceeding a height of thirty (30) inches and railings shall be allowed in this area. The design of such additional open space area shall be integrated with the landscaping of the contiguous street front/side setback area. Second and third floors may not project into any required additional open space area and shall be proportionally stepped back from said area a minimum of three (3) feet for the second floor and a minimum of six (6) feet for the third floor to preserve the front and side elevation change-of-planes encouraged by this title. (Ord. 4982 º 8, 1992: prior code º 30-1312)
30.48.140 Private outdoor space.
A minimum private outdoor space of forty (40) square feet shall be provided for each dwelling unit in the R-1250 zone. Such private outdoor space shall be designed as a patio, deck, or balcony and shall have a minimum length or width of four (4) feet and shall be directly accessible and an integral part of the dwelling unit which it serves. (Prior code º 30-1313)
30.48.150 Common outdoor space.
A minimum common outdoor space of two hundred (200) square feet shall be provided per dwelling unit in the R-1250 zone for the first twenty-five (25) dwelling units on a lot; a minimum common outdoor space of one hundred fifty (150) square feet shall be provided per dwelling unit for the second twenty-five (25) dwelling units on a lot; a minimum common outdoor space of one hundred (100) square feet shall be provided per dwelling unit for each additional dwelling unit above fifty (50) on a lot. Any common outdoor space shall have a minimum level surface dimension of ten (10) feet and a minimum area of two hundred (200) square feet.
Landscaping and seating shall be permanently integrated into all required common outdoor spaces. No street front setback area or street side setback area shall be used for common outdoor space. The developer shall pay an amount of money, established by the city council as a parks fee, to be used by the city for the purpose of fulfillment of recreational demand created by the project. (Prior code º 30-1314)
30.48.160 Distance between dwellings.
Exterior walls of separate buildings containing dwelling units on the same lot shall be separated by a minimum distance of twelve (12) feet. The windows or window/doors of any one (1) dwelling unit may not face the windows or window/doors of any other dwelling unit unless separated by a distance of twelve (12) or more feet except where the angle between the wall of the separate dwelling units is ninety degrees or more. Walls parallel to each other shall be considered to be at a zero (0) degree angle. (Prior code º 30-1315)
30.48.170 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 an aggregate of one (1) commercial vehicle per unit may be parked or in any manner left on any lot. The size of such 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. Vehicular entryways which lead to parking spaces, other than guest parking spaces, facing or visible from the street shall be provided with opaque doors or gates for aesthetic and security purposes, unless such entryways lead to parking spaces, other than guest parking spaces, located in a subterranean or semi-subterranean garage. Doors or gates must be provided for subterranean or semi-subterranean garages but need not be opaque doors if all lighting sources, pipes and ducts inside the garages are effectively screened from view from off the lot.
e. Surface vehicular accessways shall be designed and landscaped to eliminate an alleylike appearance. (Prior code º 30-1316)
30.48.180 Rooftop equipment.
Rooftop equipment shall be completely enclosed on all sides or screened from view of public rights-of-way. (Prior code º 30-1317)
30.48.190 Trash collection areas.
Trash collection areas shall be enclosed within a building or screened with masonry walls having a minimum height of five and one-half (51/2) feet and with an evenly distributed semi-enclosed roof covering at least forty (40) percent of the trash collection area. Access gates or doors shall be of opaque material. If a trash collection area is to be within fifty (50) feet of a street right-of-way line or within the front fifty (50) percent of the lot, the access gates or doors shall not directly face the public street. Trash collection areas shall be designed, located or screened so as not to be readily identifiable from adjacent streets or highways. (Prior code º 30-1318)
30.48.200 Access to dwelling units.
An elevator shall be provided to serve all stories in a building containing more than three (3) dwelling units where the floor area of any dwelling unit is located only on the third story and other dwelling units are located on the first and second stories. (Prior code º 30-1319)
30.48.210 Laundry facilities.
Laundry facilities shall be provided to serve all dwelling units on a lot. Such laundry facilities, constituting washer and dryer appliances connected to utilities, shall be provided in the individual dwelling units where there are three (3) or less dwelling units on a lot. Where there are more than three (3) dwelling units on a lot, laundry facilities shall either be provided in the individual dwelling units or in common laundry room. A common laundry room shall be in an accessible location and shall have at least one (1) washer and one (1) dryer for each ten (10) dwelling units, maintained in operable condition and accessible to all tenants daily between the hours of seven a.m. (7:00 A.M.) and ten p.m. (10:00 P.M.). (Prior code º 30-1320)
30.48.220 Storage space-Private.
A minimum of ninety (90) cubic feet of private storage space shall be provided for each dwelling unit outside such unit unless a private attached garage serving only the dwelling unit is provided. Such private storage space shall have a minimum horizontal surface area of twenty-four (24) square feet and shall be fully enclosed and lockable. (Prior code º 30-1321)