PC Resolution-13-12-10-04 RESOLUTION 13-12-10-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA RECOMMENDING CITY COUNCIL
APPROVAL OF A MITIGATED NEGATIVE DECLARATION AND
APPROVAL OF GENERAL PLAN AMENDMENT(GPA) 13-004 AND CODE
AMENDMENT (CA) 13-002 AMENDING THE GENERAL PLAN LAND USE
ELEMENT AND AMENDING TITLE 9, LAND USE CODE OF THE
MUNICIPAL CODE WITH RF.qPFr.T Tn VFRY HIGH nr=Nj.qITY Hni 1.q1K1(1,
AND DENSITY BONUS PROVISIONS
Whereas, the City has initiated consideration of amendments to the General
Plan Land Use Element and Title 9, Land Use Code of the Municipal Code to create and to
establish provisions related to the General Plan Land Use Element's establishing a "Very
High Density" Land Use designation and creating a"VHD"(Very High Density) Residential
Zone District land use designation along with development and density standards for the
"VHD" (Very High Density) Residential Zone District and density bonus provisions for
affordable housing projects; and,
Whereas, the Environmental Administrator has evaluated General Plan
Amendment (GPA) 13-004 and Code Amendment (CA) 13-002 and has caused an initial
study to be prepared pursuant to Section 15063 of the California Environmental Quality Act
Guidelines and has issued a Mitigated Negative Declaration and caused a Notice of
Mitigated Negative Declaration to be posted pursuant to Section 15072 of the California
Environmental Quality Act Guidelines and submitted to the Governor's Office of Planning
and Research State Clearinghouse, and has otherwise complied with all applicable
provisions of the California Environmental Quality Act; and
Whereas, in accordance with Government Code Section 65915, which has
been amended multiple times since the City enacted Municipal Code Section9-3.505, the
City of San Juan Capistrano amended Section 9-3.505 to update the Density Bonus
Program to conform to State law; and,
Whereas, in accordance with Government Code Section 65583.2(c),the City
of San Juan Capistrano amended the General Plan Land Use Plan and Section 9-3.301 to
the San Juan Capistrano Municipal Code to create a maximum density of 30 dwelling units
per acre; and,
Whereas, on September 3, 2013, the City Council initiated the code
amendment; and,
Whereas, on December 10, 2013, the Planning Commission conducted a
duly noticed public hearing, and considered all public, oral, and written communications;
and,
Whereas, the proposed General Plan Amendment (GPA) and Code
Amendment(CA)are substantially consistent with the goals and policies of the City's Land
Use Element and the requirements for findings as outlined in the Land Use Code, Title 9.
NOW THEREFORE BE IT RESOLVED,that the Planning Commission of the
City of San Juan Capistrano hereby recommends City Council approval of the Mitigated
Negative Declaration subject to the Mitigation Monitoring & Reporting Program (MMRP)
adopted with the updated Housing Element for the 2014-2021 planning period of a General
Plan Ampnrimpnt to the I ;qn(i t I-,p Rpmt-ntnq nmvidpA by Fyhihit A attached hereto and
incorporated herein, and a Code Amendment to the Title 9 of the City's Municipal Code as
provided by Exhibit B and C, attached hereto and incorporated herein.
PASSED, APPROVED AND ADOPTED this 10th day of December, 2013.
Tim' ly, Vi ,.e Ch r n
San Juan Capistra o PI nning Commission
Wi)i�iam Ramsey, AICP,
Assistant Development Services Director
Planning Commission Secretary
Major Land Use Dwelling Units Average Dwelling Land Use Designation and Summary
Groupings per Acre Ranke Units Per Acre Description
Residential 0-1.0 1 2.0 Very Low Density- Detached
single-family dwellings. Allows up to 1
dwelling unit per gross acre.
1.1-2.0 2 2.1 Low Density- Detached single-
family dwellings. Allows up to 2
dwelling unit per gross acre.
1).1) 4.4 1 V I tZ;U IUIII LV VV L./VI 101 L Y %.7 I I I 1J I V
family dwellings. Allows up to 3.5
dwelling unit per gross acre.
3.6-5.0 4.5 2.3 Medium Density-Single-family
dwellings, mobile home parks,
duplexes, & multi-family dwellings
including condominiums, & townhomes.
Allows up to 5 dwelling unit per gross
acre.
5.1-8.0 7.5 2.4 Medium High Density- Single-
family dwellings, mobile home parks,
duplexes, & multi-family dwellings
including condominiums, & townhomes.
Allows up to 8 dwelling unit per gross
acre.
8.1-18.0 17 2.5 High Density- Single-family
dwellings, mobile home parks,
duplexes, & multi-family dwellings
including condominiums, townhomes, &
apartments. Allows up to 18 dwelling
unit per gross acre.
18.1-2-530.0 2-530 2.6 Affordable Fam4y/ Seni-o.
MousingVery High Density-Affbfdable
Single-family dwellings, mobile home
parks, duplexes, and multi-family
dwellings
including condominiums, townhomes,
apartments, and cooperatives. Allows
up to 2-5-30 dwelling unit per gross
acre.
2.6 Affcwdable-4;a"1y-kSeni-or-44Gami 4&&niar--Housing
+;�� �r�;App 41, A__s
reskle-ntia4 land use desiz_JF`OU�11 for the-devellopn4eMef ,, 1. density rnultrk
farnih., dwellings fOr--afkwdable , ��J H, la......es- and se1nHors9--sud4-as,
9--apa,,4.rnen+.s9GOOpera...--,
4
suGh. -S4�nabjle a,— M QdJulaf-4!*mes, sea .Y -jnit&7--west-bGuses-,
f�^;l
Ghur-c-besTsr_-�,�fly day GaFe-11�, plubli-_ --itia ether--s---Which-are
he needs of se-nio, I aw.ng , je-^+,s rnay
- -f
-SP -s! -unitS---Gonsist�-wit-h-the-provi-,
IT A
Housing El--M--.-FII. allows a maximum of -255.01 dwelling unift pef-gro-ss,
1-h i,s -Ies-6g m7 ��ee1 harvh density
c-aarac-teF.The--rnaxi,�,;;u;m-de y--o#t-has-4a A—usee__.designat-ice...-may--be -exceeded--to
e-Gmptem nt-Gener-al-Pta -H sing-€-ler-hent-potiGyr-tn--ace-erdance--with-t-he-density-bent-s
---Sect-ien-6 Very High_Density:
The Very High Density residential land use designation provides for the development of
ve high density single family detached and attached dwelling units mobile homes
modular homes du lexes and multi-famil dwellin s such as townhomes
rnnrinminh emc gngrtmpntq anri rrnnnarntivpc ac \NAZI ac arr.Accnry hi iilriinnc I Icpc
such as mobile and modular homes, second single-family units, c uest houses,
churches schools familv dav care homes ublic facilities and others which are
compatible with and oriented toward servin the needs of hi h densit sin I_g e-family
neighborhoods may also be allowed.
This designation allows a maximum of 30.0 dwelling units per dross acre of Land.
Development under this designation should maintain a very high density character. The
maximum densitv of this land use clesicination mav be exceeded to com lement
General Plan Housing Element policy in accordance with the densit bonus rovisions
of Section 65 915 of the California Government Code.
Sec. 9-3.505. - Affordable housing requirements.
(a) Purpose and intent. The purpose and intent of the affordable housing requirements
in this section are to achieve the following:
(1) To create affordable housing requirements to facilitate the development of
residential housing opportunities for low and very low income
senior/households within the City;
(2) To comply with state law to provide twenty-five (25) percent density bonuses for
therrpnfinn of nffrirrinhip hni mina nmiar+z xA/hith ni inrnnfaa nrr,,nccihi1ifx/ rif
,..- -111— — __ ..__1Z, 11. 1_ J -1
housing for qualified low and very low income seniors and households for ten
(10) years;
(3) To comply with state law to provide density bonuses and an additional incentive
for the creation of affordable housing projects which guarantee long-term (thirty
(30) years) accessibility of housing for qualified low and very low income
seniors and households;
(4) To establish development criteria to ensure that the design of affordable senior
and household housing projects are consistent with the City's General Plan
Community Design Element and Architectural Guidelines.
(b) Affordable housing policies. City policies aimed at achieving the purpose and intent
of this section are as follows:
(1) Development restrictions. Development should be designed to be compatible
with adjacent uses and to promote high quality affordable housing projects
within all zone districts.
(2) Materials and design. Materials and design shall be of high quality and
architectural design and should be consistent with other City design standards.
(3) Affordable Housing In-lieu Fees. In-lieu fees shall be collected pursuant to
Section 9-5.103 Housing In-lieu Fee to facilitate the development of affordable
housing opportunities.
(c) Density bonus description.
(1) The Density Bonus program is hereby created to permit affordable
senior/household residential units subject to City Council approval of a density
bonus permit in the following districts:
(A) Hillside Residential (HR), Single-Family-10,000 (RS-10,000), Single-
Family-7,000 (RS-7,000), and Single-Family-4,000 (RS-4,000);
(B) Residential Garden-7,000 (RG-7,000) and Residential Garden-4,000 (RG-
. 4,000);
(C) Multiple-Family (RM) and-AoF-Heng-(AFH Very
High DensityJVHD);
(D) Mobilehome Park (MHP);
(E) Tourist Commercial (TC), General Commercial (GC), and Office
Commercial (OC);
(F) Specific Plan/Precise Plan (SP/PP); and
(G) Planned Community (PC).
(d) Density bonus program—Ten (10) years --filb-Fal-able housing pr--,--
0+_AaP ,_ 11[Ly_ r e�sAy-bonus. To q,-a4fy-for-a sity bonus
t! lowing Griterlawl
EXHIBIT B
AN j-rA+ lf t`vv-n+®i /r rrc
quaMedd-vei 4ow4nG 3d ;
{-B) At4east-fift-y--(W1 perGent of total unift -niust-be-affefdab-le--afara-vailable-"uafified
9
l7T
recarded against the-prroperty,
(D) The density-booms -shat-k�e--as-c-alcu ��ef-stty
�onu
desGriptien..
f )--A-pplic�ty.-af-density ee#i-ve-.-T"ualify--fer-�f-t-he
density-bonus and a nal �nGent;,ve, tll I— wing-criteria appfy'
/A\ A t 'least twenty 1201 perGent of total urvils !ilij1 5:! .
-ineerae
and-a-n-additienal ten /7 n\ nn Bent of ti uni -,affofdable.-to "ifaed.-very-iew
ir�c-orae-leo u seh6ld s-;-o r
(G- Atef-t-he-abeve e-ignated-u„ tsnTist-be-i-neured-continual--affardability-far t-hidy
(W8 years-b y-execut-i)n of an-afferdability , , c y:
The number of umite $hat-c-anbe_censidered fer "cr�lin - lrnno��...shal,ll___bbe
d pravldP,
d+vidPer
17
venci4®e onuses with. 'n ATA"-nc
1 Purpose and Intent. The purpose of this section is to im lement the provisions of
(�neir�rnmr�rrt
( Il Ceetion 65915 and the rCity'c Hrmcing Pill— rarinril the
VVY 11VIIt VV6AV V 6 y
provision of density bonuses and other regulatory incentives for affordable and
senior housing proiects.
2 Applicability. The p.rovisions of this section shall apply to projects qualifying for
density. bonuses provided for by Government Code Section 65915, in
accordance with Section 9-3.505(d)(3).
(3) Standards
City Obligation to Provide Density Bonuses and Incentives. When an
applicant seeks a density bonus for a housing development within or for the
donation of land for housing within, the City, the City shall provide the
applicant with incentives or concessions for the production of housin units
and child care facilities as prescribed in this Section.
LB Development Entitled To Bonuses and Incentives. The City shall grant one
density bonus, the amount of which shall be as specified in subdivision C.6�
page 2 of 11
and incentives or concessions, as described in subdivision CA when an
applicant for a housing development seeks and agrees to construct a
housing development, excluding any units permitted by the density bonus
awarded pursuant to this section, that will contain at least an one of the
following:
(i) Ten percent of the total units of a housinq development for lower
income households, as defined in Section 50079.5 of the California
Healtil and Safety Code.
(ii) Fivepercentof the total units of a housin_q-development for very low
income households, as defined in Section 50105 of the California
Health and Safely Code.
(iii) A senior citizen housing development, as defined in Sections 51.3 and
51.12 of the California Civil Code and reprinted in Section 9-
3.505(d)(6)(a) below, or mobile home park that limits residency based
on age reguirements for housing for older persons pursuant to Section
798.76 or 799.5 of the California Civil Code.
(iv) Ten percent of the total dwelling units in a common interest
development as defined in Section 1351 of the California Civil Code for
persons and families of moderate income, as defined in Section 50093
of Me California Health and Safetv Code, provided that all units in the
development are offered to the public for purchase.
(C) Forpurposes of calculating the amount of the density bonus pursuant to
Section 9-3.505(d)(3) thea licant who reguests a density bonus pursuant
to this Section shall elect whether the bonus shall be awarded on the basis
of subparagraph (i), (ii), (iii), or (iv) of Section 9-3.505(d)(3)(B) above.
(D) For the purposes of this Section, "total units" or "total dwelling units" do not
include units added by a density bonus awarded pursuant to this Section.
(E) An applicant shall agree to, and the City shall ensure, continued
affordability of all low- and very low income units that qualified the applicant
for the award of the density bonus for 30 years or a longer period of time if
reguired by the construction or mortgage financing assistance program,
mortgage insurance program, or rental subsidy program. Rents for the
Jowel, inCOI—Ile density bonus units shall be set at an affordable Tent as
defined in Section 50053 of the California Health and Safety Code. Owner-
occupied units shall be available at an affordable housing cost as defined
in Section 50052.5 of the California Health and Safely Code.
(F) The initial occupant of the moderate-income units that are directly related
to the receipt of the density bonus in the common interest development, as
defined in Section 1351 of the California Civil Code, shall be r)ersons and
families of moderate income, as defined in Section 50093 of the California
Health and Safety Code, and the units shall be offered at an affordable
housing cost, as that cost is defined in Section 50052.5 of the California
Health and Safety Code. The City shall enforce an equity sharing
agreement, unless it is in conflict with the reguirements of another Publi
funding source or law. The following apply to the eguity sharing agreement:
(i) Upon resale, the seller of the unit shall retain the value of an
page 3 of 11
the minimum building standards approved by, the California Building
Standards Commission as provided in Part 2.5 (commencing with
Section 18901) of Division 13 of the California Health and Safety Code,
including, but not limited to, a reduction in setback and square footage
requirements and in the ratio of vehicular parking spaces that would
otherwise be required that results in identifiable, financially sufficient,
and actual cost reductions.
(ii) Approval of mixed use zoninq in conjunction with the housing project if
commercial, office, industrial, or other land uses will reduce the cost of
the housing development and if the commercial, office, industrial, or
other land uses are compatible with the housina proiect and the
existing or planned development in the area where the proposed
housing_project will be located.
(iii) Other regulatory incentives or concessions proposed by the developer
or the City that result in identifiable financial) sufficient and actual
cost reductions.
(1) The applicant shall receive the following number of incentives or
concessions:
(i) One incentive or concession for proiects that include at least 10 percen
of the total units for lower income households, at least 5 percent for
very low income households, or at least 10 percent for persons and
families of moderate income in a common interest development.
(ii) Two incentives or concessions for projects that include at least 20
percent of the total units for lower income households, at least 10
.percent for very low income households, or at least�20ercent_for
persons and families of moderate income in a common interest
development.
ON) Three incentives or concessions for projects that include at least 30
percent of the total units for lower income households at least 15
percent for very low income households, or at least 30 percent for
persons and families of moderate income in a common interest
development.
and �f
The gran of a --r-,--SSIO- -r ;----We shall -,+ kp and
I I .— .,,a,,LI 1 1%4 %J %I%j I[%,,- i I %J1 11 a I N, I I not "l- inter PI%�V—M, 11 1
itself, to require a general plan amendment, local coastal plan amendment.,
zoninq chanae, or other discretionary approval.
K This Section 9-3.505 d 3 G does not limit or require the provision of
direct financial incentives for the housing development, including the
provision of publicly_owned. land, by the City, or the waiver of fees or
dedication requirements.
L The Cit shall nota I an develo mint standard that will have the effect
of physically precluding the construction of a development meeting the
criteria of Section 9-3.505(d)(3)(B) at the densities or with the concessions
or incentives permitted by this Section. Anapplicant may submit to the City
a proposal for the waiver or reduction of development standards that will
have the effect of r)hvsicallv precluding the construction of a development
meeting the criteria of Section 9-3.505(d)(3)(B) at the densities or with the
page 5 of 11
concessions or incentives permitted under this Section, and may request a
meeting with the City. Nothing in this subdivision shall be interpreted to
require the City to waive or reduce development standards if the waiver or
reduction would have a specific adverse impact, as defined in
subparagraph Section 9-3.505(d)(3)(G)(ii) above upon health, safety, or the
physical environment, and for which there is no feasible method to
satisfactorilv mitiqate or avoid the sr)ecific adverse impact. in addition,
nothing in this Section shall be interpreted to require the City to waive or
reduce development standards that would have an adverse impact on anv
real property that is listed in the California Register of Historical Resources
or to grant any waiver or reduction that would be contrary to state or federal
law.
(M) A proposal for the waiver or reduction of development standards pursuant
to this subdivision shall neither reduce nor increase the number of
incentives or concessions to which the applicant is entitled pursuant to
Section 9-3.505(d)(3)LG
(3) Calculation of Density Bonus. The amount of density bonus to which the
applicant is entitled shall vary according to the amount by which the percentage
of affordable housing units exceeds the percentage established in subdivision
Section 9-3.505(d)(3)(B)Thea pplicant may elect to accept a lesser percentage
of density bonus.
(A) For housing developments meeting the criteria of Section 9-
3.505(d)(3)(B)(i), the density bonus shall be calculated as follows:
Percentage Low-income Units Percentage Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
17 30.5
18
19 33.5
20 35
(B) For housing developments meeting the criteria of Section 9-
3.505(d)(3)(B)(ii), the density bonus shall be calculated as follows:
Percentage Very Low Income Units Percentage Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
page 6 of 11
11 35
(C) For housing developments meeting the criteria of Section 9-
.505(d)(3)(B)(iii), the density bonus shall be 20 percent of the number of
senior housing units.
(D) For housing developments meeting the criteria of Section 9-
3.505(d)(3)(B)(iv)the density bonus shall be calculated as follows:
Pt-rri-ntqnP Mnrierqtp-lnrnmt- I Init-q Pi-rrt-ntqqP npn-,itv Rnm i.q
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
(E) All density calculations resulting in fractional units shall be rounded up to
the next whole number. The granting of a density bonus shall not be
interpreted, in and of itself, to require a general plan amendment, local
coastal plan amendment, zoning change, or other discretionary approval.
(F) For the Purpose of calculatinq a densitv bonus, the residential units shall be
page 7 of 11
on contiguous sites that are the subject of one development application,
but do not have to be based upon individual subdivision maps or parcels.
The densitv bonus shall be permitted in geographic areas of thi—ho-:u:si:n�
development other than the areas where the units for the lower income
households are located.
(4) Density Bonus for Donation of Land to City.
(A) When an applicant for a tentative subdivision mar), parcel map, or other
residential develo went ar)r)roval donates land to the Cit v in accordance
with this subdivision, the applicant shall be entitled tg
_@ 15-percent ase�incre�
above the otherwise maximum allowable residential density for the entire
development, as follows:
Percentage Very Low Income Percentage Density Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
09 34
30 35
(B) This increase shall be in addition to any increase in density mandated by
Section 9-3.505(d)(3)(B), ur) to a maximum combined mandated densit
increase of 35 r)ercent if. an applicant seeks an increase uLsuant to both
this Section and Section 9-3.505(d)(3)(B)(i) All density calculations
resultinq in fractional units shall be rounded up to the next whole number.
Nothinq in this Section shall be construed to enlarge or diminish the City's
authoritv to require a developer to donate land as a condition of
development. An applicantshallbe eligible for the increased density bonus
described in this Section if all of the following conditions are met:
(i) The applicant donates and transfers the land no later than the date of
approval of the final subdivision mar), pa.rcel map, or residential
page 8 of 11
development application;
(ii) The developable acreage and zoning_classification of the land being
transferred are sufficient to iDermit construction of units affordable to
very low income households in an amount not less than 10 percent of
the number of residential units of the proposed development;
(iii) The transferred land is at least one acre in size or of sufficient size to
permit development of at least 40 units, has the appropriate general
pIan designation, is appropriately zoned with appropriate development
standards for development at a density of at least 30 units per acre,
and is or will be served by adequate public facilities and infrastructure;
(iv) The transferred land shall have all of the permits and approvals, other
than buildina permits, necessary for the development of the veIg.,..w
income housing units on the transferred land, not later than the date of
approval of the final subdivision map, parcel map, or residential
development application, except that the City may subject the
proposed development to subsequent design review to the extent
authorized by subdivision (i) of California Government Code Section
65583.2 if the design has not been reviewed by the City prior to the
time of transfer;
(y) The transferred land and the affordable units shall be subject to a deed
restriction ensuring continued affordability of the units consistent with
Section 9-3.505(d)(3)(E) and Section 9-3.505()(3)(F), which shall be
recorded on the iDroiDertv at the time of the transfer;
(vi) The land is transferred to the City or to a City-approved housing
developer. The City may require the applicant to identify and transfer
the land to the approved housing developer;
(vii) The transferred land shall be within the bounds ry of the proposed
development or, if the City agrees, within one-quarter mile of the
boundary of the proposed development; and
(viii)A proposed source of funding for the very low income units shall be
identified not later than the date of approval of the final subdivision
map, parcel map, or residential developmenta lication.
(55) Density Bonus f n n nn
,or Prr%xASir%n of r'hjjrj vara Facilities i Qualifyinrl H lici
I ll-�Vl-lkjll %il '-� %A C ie I ILI � If I l--K
Development.
(A) When an applicant proposes to construct a housing development that
conforms to the reguirements of subdivision Section 9-3.505(d)(3)(p) and
includes a child care facility that will be located on the premises of, as part
of, or adiacent to, the proiect, the City shall grant either of the following:
(i) An additional density bonus that is an amount of sguare feet of
residential space that is egual to or greater than the amount of §i uare
feet in the child care facility; or
(ii) An additional concession or incentive that contributes significantly to
the economic feasibility of the construction of the child care facility.
(B) The City shall require, as a condition of approving the housing
development that the following occur:
(i) The child care facility shall remain in operation for a period of time that is
page 9 of 11
prevail.as long as or longer than the period of time during which the density
bonus units are reguired to remain affordable pursuant to subdivision
(ii) Of the children who attend the child care facilitv, the children of ve�y lo
income households, lower income households, or families of moderate
income shall equal a percentage that is equal to or greater than the
percentage of dwelling units that are reguired for very low income
households, lower income households, or families of moderate income
pursuant to subdivision Section 9-3.505(d)(3)(B).
(C) Notwithstanding any reguirement of this subdivision, the City shall not be
reguired to provide a density bonus or concession for a child care fag Llity if
it finds, based upon substantial evidence, that the community has adeguate
child care facilities.
(6) Definitions. For purposes of this Section, the following definitions shall ar)i)lv:
(A) "Child care facility" means a child dav care facility other than a family da
care home, includinq, but not limited to, infant centers, preschools,
extended day care facilities, and school age child care centers.
(B) "Density bonus" means a density increase over the otherwise maximum
allowable residential density as of the date of application by the applicant to
the City.
(C) "Development standard" includes a site or construction condition, including,
but not limited to, a height limitation, a setback requirement, a floor area
ratio, an onsite open-space requirement, or a parking ratio that applies to a
residential development pursuant to anv ordinance, qeneral Oan element,
specific plan, or other City condition, law, policy, resolution, or regqLation.
(D) "Housing development" means a development project for five or more
residential units. For the purposes of this Section, "housing development"
also includes a subdivision or common interest development, as defined in
Section 1351 of the California Civil Code, approved by the City, and
consists of residential units or unimproved residential lots and either a
project to substantially rehabilitate and convert an existing commercial
building to residential use or the substantial rehabilitation of qn_�p�
where the result of the rehabilitation would be a net increase in available
residential units.
(E) "Maximum allowable residential density" means the density allowed under
the Citv's zoninci ordinance and the Land Use Element of Lhe_Cit 's
General Plan, or, if a range of density is permitted, the maximum allowable
density for the specific zoning range and land use designation in the
General Plan applicable to the project. Where the density allowed under
the zoning ordinance is inconsistent with the density allowed under the
Land Use Element of the General Plan, the General Plan densitv shall
----
(F) "Senior citizen" means a person 62 years of age or ol Jer, or 55 years of
age or older in a senior citizen housing development.
(G) "Senior citizen housing development" means a residential development
page 1OOf11
developed, substantially rehabilitated, or substantially renovated forsenior
citizens that has at least 35 dwgllin_g units.
(7) Parking Incentives
(A) The Cit v shall not reguire the parking ratio, inclusive of handicapped and
ug est parking, for a housing development meeting the criteria of
subdivision Section 9-3.505(d)(3)(B) to exceed the following ratios:
(i) Zero to one bedroom: one onsite parkinq sr)ace.
(ii) Two to three bedrooms: two onsiteparking spaces.
NO Four and more bedrooms: two and one-half parking spaces.
(B) If the total number of parking spaces required for a housing development is
other than a whole number, the number shall be rounded up to the next
whole number. For purposes of this subdivision, a development may
provide "onsite parking" through tandem parking or uncovered parking, but
not through on street parking.
(C) This subdivision shall apply to a housing development that meets the
reguirements of subdivision Section 9-3.505(d)(3)(B) but only at the
request of the applicant. An applicant may request parking incentives or
concessions beyond those provided in this subdivision pursuant to
subdivision Section 9-3.505(d)(3)(G).
(e) Reserved.
(f) Application review process. All applications shall be reviewed in accordance with
the provisions of Title 9 of the Municipal Code. The City Council, upon
recommendation by the Planning Commission, shall make a positive finding for
each of the following categories before approving an application:
(1) General plan consistency. A finding that the project application is consistent
with the General Plan Land Use Element if the intensity of development is in
compliance with the design standards as outlined in Table 3-17.
Findings of inconsistency with other elements shall be restricted to specific areas of
demonstrated public health and safety hazards to future residents of the
proposed development.
(2) Municipal Code consistency. A finding that the project application is consistent
with design criteria herein as well as meeting all other provisions of this Title 9
44-- A 44—+ +1,-
P o len til a 1 ad ver-0 e i1111 pacts on adjCaMent PI UPUI-LIUD. f-% I indi!ly LI Ial. the PI UJUUL
does not have an adverse impact upon the surrounding properties that can not
be reduced or minimized by a design change or condition regulating the
project's operation.
(4) CC & R. A finding that the CC & R have included the provisions and terms of
affordability as drafted in the affordability agreement for the project.
page 11 of 11
Sec. 9-3.301 . _ Residential districts.
(8) Purpose and intent.
/1\ Residential/Agriculture (RA) District. The purpose and intent of the
F<eSideOU8kY\UhCU|tVre (R\) District iSto:
U\ Provide for the Dl8iDteD3nne and use of land for small f8[OlS and orchards, excluding
nOnlnlenci3| 8ninn8] [8iSiDg' in association with single-family dwellings; and
/B\ Implement the General Plan concept Ofproviding for large |n[ nJn8| residential uses,
including, but not limited to, low-density areas where the topography is not amenable
tVestate-type developments.
(2) Hillside ReSid8OU8| (HR) District. The purpose and intent of the Hillside ReSid9Od8| (HR)
District iSto:
A\\ |Qlp|8OleDt the programs and policies of the General Plan, including the Safety
Element as it relates to protection from g8O|0giC hazards /UnSt8b|8 SOi|S' prevention
of erosion, and the like) and the Conservation and Open Space Element relating to
the maintenance 0fthe natural character and amenity Ofhillsides 8S8scenic
[eSOU[Ce of the Qty;
(13) Provide for the utilization of innovative land planning and building design as a means
Of8chieViOg high quality, flexibility, and efficiency in the design of residential
SUbdiViSiUO8 within hillside 8F88S of the Qty.
(3) Sing|8-FG0i|y-40'O00 (RSE-40,000) District. The pU[p0S8 and intent of the 8iDg|e-
F8[ni|y-40'800 /RSE-40'000\ District iSto:
/A\ Provide for the 9Sb]b|iSh08Di and control of large |Oƒ 9St8&3 type residential 8Fe3S Of
low density, located and maintained inaccordance with the General Plan; and
/B\ Encourage the preservation Of8semi-rural residential character without the
maintenance Offarm-size acreage.
(4) Sing|e-F@0i|y-20,0O0 /R8E-20.000\ District. The purpose and intent Qfthe SiDg|e-
F@nli|y-20.000 (R8E-20'000) District is to:
(A) F`n]VidG for the establishment 0fresidential 3FeGS of low density, located and
maintained iOaccordance with the General Plan; and
(E]) Regulate such areas iDorder tOpreserve and perpetuate @ spacious, low-density
residential character.
(5) 8in0lS-Fa0i|\+1O'OOO /RS-10,OUO\ District. The purpose and intent 0fthe SiOg|9-F@0i|y-
10'000 (RS-1 0,000) District is to provide for the establishment and r8gU|@bOO of
residential @ne8G developed with single-family detached dwellings, all OD individual |OtG
owned and [O8iDtGiD8d by individual hODle0vVOe[G.
(0) SiOg|e-F80i|y-7'0O0 (RS-7'O0O) District. The purpose and intent Ofthe SiOg|e-F8nli|y-
7.00O /RS-7'000\ District is to provide for the establishment and regulation of residential
8PR8S developed with single-family detached dVVe||iOgS. all on individual |OtS 0VVOed and
maintained by individual hOmeOvvD8[S. '
(7) 8inQ/8-Fa[ni|V-4'000 (RS-4'000) District. The purpose and intent of the Single-Family-
4,000 (RS-4'000) District is to provide for the establishment and [eQU|aUoO of residential
areas developed with single-family detached dwellings, all ODindividual lots owned and
maintained by individual hODleOVVDerG.
(8) Residential GGrd8n-7.0OO (FlG-7.O00) District. The purpose and intent Qfthe Residential
G8[d8D-7.000 /RG-7'000\ District is to provide for the establishment and [egU|8tiOO Of
residential areas developed with garden, patio, duplex, Orz8r0-lOt-|iOehomes, attached
Ordetached, located and maintained iAaccordance with the General Plan.
/9\ Residential G8[deD-4.O0O /RG-4.000\ District. The purpose and intent Ofthe Residential
GardeR-4.000 (RG 4'000) District is to provide for the establishment and regulation of
residential areas developed with garden, patio, duplex, 0rzero-Ut-linahomes, attached
or detached, |OC8t8d and maintained in accordance with the General Plan.
(10)Multiple-Family(RM) District. The purpose and intent Ofthe Multiple-Family (RM) District
is to provide for the establishment and n8gu|8UOD Ofmultiple-family residential areas Of
various medium-to-high unit densities, located and maintained in accordance with the
General Plan.
/11 District. The
purpose and intent Ofthe
|
( /HD) District is to provide�for the establishment and regulation of multiple-family
residential areas ofhigherdensiUeSthat provide for Gff0nd2b|8housing for the City's
lower income family and senior households, located and maintained in accordance with
the General Plan.
(12)MObi|eh0nO8 Park (MHP) District. The purpose and intent Ofthe k4Obi|ehO08 Park (MHP)
District is to provide 8 district for the establishment and regulation of mObi!ehOQle parks,
planned, developed, and maintained 888nintegral unit and incorporating utilities,
landscaping, recreation facilities, and other amenities.
(13)k4iSSiOO Residential District (MRD)-4,000 Zone District. The purpose and intent Ofthe
Mission Residential District (K4Fl[))-4,O0OZone District iGtO provide for residential
density and development standards tOensure that new development nl3iO&3iDG and
enhances the distinctive historic neighborhood character of the Mission Hill/Mission Flat
r8GideOU8| D8ighbOrhOOdC0nSiSbOgOf8b0UthweOty-Gev8n /27\ @CResg8nen81|ybOrdeFed
by L8 Z8 j8 Street to the north, A j8Che08GtreettO the S0Uth' B Camino FlH8| to the
west, and Interstate 5t0the east. The designation allows predominantly single-family
n3SideOii@| development on lots generally ranging from 4,000 to 7'500 square feet
consistent with the distinctive neighborhood character established in the District.
(14)P/8nnedResidential Development District/PR[}\. The purpose and intent Ofthe Planned
Residential Development District (PRD) is to provide for the establishment,
maintenance, and regulation of condominium residential developments. Provide @
Dle@DS of achieving quality, variety, and flexibility in condom iOiU0-typ8 d8Ve|Vp0DeDtS On
[8|@tiv8|y large areas of land. Provide for attractive residential developments p|8OD8d as
units, incorporating coordinated building design, integrated greenbelt areas, recreation
facilities within developments, @more efficient use 0fopen space, 8separation Of
p8deS[[i@D and vehicular traffic, and an iDCF88Se in Ov8[@|| project amenities
| _(b)uses regulations.
(1) Table 3-1 identifies the uses permitted in the Residential/Agriculture (RA), Hillside
R8GideDU3| /HF{N' ��ing|�-F�0i|y-4O,O00 /��S�-4O'O0ON ��iDg|e-F8Dli|y-�O'OOO /11 D 8E-
2O.000\, Single-Family-10,000 (RS-10,000), Sing|B-F8mi|y-7,000 (RS-7.O0O). SiOg|e-
Fanli|y-4.000 /FlG-4'000\. Residential Garden-7,000 (RG-7,000), FleSid8Dti@| GGrdeO-
4,000 (RG-4,000), Mission Residential OiStriCt-4.000 /yNRO-4OUO\' NYU|tip|8-F@rOi|y(FlK8\'
| � ' '
/ W1Ubi|ehD08 Park
(MHP) Districts and Planned Residential Developments (PRD).
(2) i]s88 listed GS conditionally permitted UG8S are subject tOthe review [eqUi[8[DeOtS and
conditions contained iOSection ' Conditional Use Permit, Ofthis code. Accessory
uses are subject t0the review requirements and conditions contained iO
3.501. Accessory Uses and Structures, Ofthis chapter.
(3) The "notes and exceptions" column 0fTable 3-1 indicates more precisely the use
regulations for specific uses or operating characteristics. The notes and exceptions must
bereviewed iOconjunction VViththeV1hH[iDfOrD8UDDforthed8Ss of use.
(4) Certain permitted USeS and conditionally permitted uses may be subject to special
conditions regarding location, operation, or the design of the use. The sections of this
page 20f14
title governing these uses are identified in the "notes and exceptions" column of Table 3-
1.
Table 3-1
Uses in Residential Districts
(please refer to en_d of table for notes) _ _
Use _D .. Notes and Exceptions w_
D X (n (n (n (n G7 T 1
p
i 0 O O i 0
O O O O OCD
0 0
O O
_. . ...:.w.... ,._..w .,_,... ..,—..... - .-----------.... W,._...
Accessory uses and A 'A =A A A ;A A =A A A .A A .A
structures incidental
to the operation of a
permitted use
�.. ----
Alcoholism recovery =P �P �P P P P -P P P P P P lP P
residential facilities
(for 6 or fewer
persons) i
_. .... ._
;Animal grazing, — P — — — — `These uses are considered interim
breeding, boarding, uses until residential development
and training plans are approved.
. _ W m� v ..__.... �.
Animal raising :A C .0 C C C la. For RA District—Must be in
(noncommercial) :conjunction with the residential
use of a lot and limited to small
domesticated species,such as
sheep and smaller animals.
;Excludes commercial livestock
=breeding and raising.
'b. For HR, RSE-40,000, RSE-
?20,000, RS-10,000, RS-7,000,
'and RS-4,000 Districts—Must be
in conjunction with the residential
luse of a lot,wherein the lot size is
;greater than 15,000 square feet
I Permitted species shall include
;rabbits,chickens, and animals of
similar size.Animal slaughtering
or commercial animal raising or
E breeding shall be prohibited.
_�----------
I
-_. ._._.e .
I �u
Apiaries `C — — — — —
Bed and breakfasts C I C C C C C C IC 1C 3C 1C C C C Subject to Section 9-3.509,Bed
and Breakfasts
Boarding and — — — P P
rooming houses
Cemeteries C C C C C C C 'C C C C C C
u .a d Y .....r ww _
Child day care C IC C C C C 1C C C C :C C `� � - � �
centers
l
Church, religious,or 1C i C ;C f C I C i1C C ,C iC =C C 1 C C RIncludes synagogues,temples,
'fraternal mosques, and other buildings
l used for the purposes herein but
E -excludes day care centers, and
!private and/or secondary
,educational facilities.
page 3 of 14
Crop and tree P P — — — — — — — 'For HR—These uses are
farming considered interim uses until
residential development plans are
;approved.
Equestrian facilities .0 G C C °C C _G.. _ ��. �� �� � �.
�.e .. .,. ... _. —
C C C — a. Must be in conjunction with a
(communal) subdivision.
b.Subject to Section 9-3.515,
Familycare homes P P ,P p P
;Equestrian Standards.
P P P C P P P 'P ;P _.._. �_....
(for 14 or fewer
chilArenl
Home businesses _ .
A A ,A A A A A A A A A A .A A ,Subject to Section 9-3.523, Home
Business.
..... _._..._. _ _ _ ...,. ....., __..._
Horse keeping A A A A — — — — — — — `Subject to Section 9-3.515,
(noncommercial) Equestrian Standards.
_........
_. �,,.. ._.. _.....
Horse stables and C — — — — — — — — £Subject to Section 9-3.515,
equestrian centers Equestrian Standards.
(commercial)
Kennels C — — — — — `Subject to Section 9-3.525,
(commercial) ;Kennels.
Kennels A C C C 1Subject to Section 9-3.525,
(noncommercial) (Kennels.
-.,. _...
. . . _. �� _.......... ._a
Manufactured and P P P P P P SP 'P — P P P `',P i P !Manufactured or modular
modular homes on a structures shall not be permitted in
permanent the MDR-4,000 District.
foundation system 'Where permitted, both types of
=structures shall be subject to the
design guidelines of subsection
1(c), Development Standards,of
Ithis section.
---..--- _._ _.._. w� � �-
Mining, oil drilling, CC C C C C C C C C ;'C C IC IC 1Includes necessary incidental
and other resource buildings and appurtenances.
extraction
E
Mobilehome parks — — — — — — C
Parks(public and P P P P P P P P P P i P P P 1P
private)
Plant nurseries and P P — — — — — — — 3— a. Includes greenhouses,
storage j jhydroponic gardens,and similar
;facilities,for the purpose of
growing only.
b.The retail sales of products
shall not be permitted.
Vic. For HR—These uses are
E ' considered interim uses until
J ;residential development plans are
i �Japproved.
_......
Public buildings and P P P P P P P P P P P P 'P �P ja. Includes public schools,
facilities i ;museums, libraries,governmental '.
buildings, parks,fire stations,
public utility offices and
)exchanges, bus, and railroad
;stations.
!b. Excludes police stations and
1 hospitals.
Recreation and A A A A A A A A A JA A A A A is Tennis courts and other outdoor E
page 4 of 14
recreational uses with
community centers in such
(noncommercial- centers shall conform to the
public and private) requirements of Sections 9-3.501,
;Accessory Uses and Structures,
and 9-3.529, Lighting Standards.
b.The outdoor night lighting of
'tennis courts and other
recreational uses shall not be
permitted unless a conditional use
_ .. __._ .... r_..- _.__._ ..�.
permit is approved by the City.
Recycling facilities — — — — — — — P lSubject to Section 9-3.537,
;Recycling Facilities. Section 9-
3.537, Recycling Facilities,
identifies the specific allowed
recycling uses.
Residential care P P P P P P P P P P '— - - P
facilities(6 or fewer
persons)
C � C __.
Residential care C C CC CC C —
facilities(over 6
persons)
.,. ....w.. ---------- �m .. w
Residential dwellings IP P P �P P P P P P P �P P P F
(detached SFD)
..........
Residential dwellings — - - P — P P P P
(attached SFD)
Residential dwelling — — — — P — P P P P Must be located on a single lot or
units(duplex,two- with each dwelling on its own lot.
family)
Residential dwelling — — — — — `P P '— P
units(multiple-
family, apartments
and cooperatives)
ResidentialP
dwelling _ _,.._ ,... �
— — — — — P P P — �P
units(multiple-
family,townhouses, I _ 1
condos) t
--- --- _._.-w
Residential dwelling A 3A A AAA A A — — ;— ia.Allowed during the construction
(temporary) _ hof a permanent single-family
regirlenra nn an individual Int in
accordance with the provisions of s
Section 9-3.553,Temporary Uses
and Structures.
Secondary dwellingI P �P P P Pi P i P ,P P i P — r— a.Subject to Section 9-3.501,
unit(single-family) `Accessory Uses and Structures.
b. In the MRD-4,000 District,
lsecond dwelling units shall be
permitted on lots of 6,000 square
jfeet or greater in area.
_ _
Swimming schools, — '— — C C -- a. Must be deemed by the
tennis clubs and ( ;Planning Commission to be
schools, and similar compatible with the existing or
activities proposed residential uses.
swimmingo pools,and A A A A C 'C m-~ C C E 3.01e Accessory Uses N m
Tennis/sports q Sections 9
p 1 ; rY and E
aimilar ; Structures,and 9-3.529, Lighting
improvements on lStandards.
page 5 of 14
individual residential b.The outdoor night lighting of
lots such tennis courts or other
recreational uses shall not be
;permitted unless a conditional use
;permit is approved by the City.
Other uses maybe allowed in the RM District with a conditional use permit if they are deemed by the Planning Commission
to be compatible with the existing or proposed residential use.
P = Principal use permitted by right
—= Not permitted
A= Accessory use permitted by right(subject to Section 9-3.501, Accessory Uses and Structures)
C = Conditional use permit required (subject to Section 9-2.317, Conditional Use Permit)
(c) Development standards.
(1) Table 3-2 identifies the development standards for the Residential/Agriculture (RA),
Hillside Residential (HR), Single-Family-40,000 (RSE-40,000) Single-Family-20,000
(RSE-20,000), Single-Family-10,000 (RS-10,000), Single-Family-7,000 (RS-7,000),
Single-Family-4,000 (RS-4,000), Residential Garden-7,000 (RG-7,000), Residential
Garden-4,000 (RG-4,000), Mission Residential District-4,000 (MRD-4000), Multiple-
Family (RM), Very High Density_(VHD),
Mobilehome Park (MHP) Districts, and Planned Residential Development District (PRD).
Table 3-2
Development Standards for Residential Districts
h - . 'Story, rY Story'
-. _.
One _ �� _._`... _,_.���_. ,�.� �..
One One One
Two Two Two
Story' ° Sto ' Sto ' Story' Story' Story'
District jMax. Min. IMin. IMin. Win. IMin. Max. Lot :Min Min. Min. Max. Lot Max. Bldg.
Density Lot 1 Street Front :Side Rear Coverage'Front Side Rear 'Coverage 2nd Hgt.
Area !Frontage Yard 'Yard >Yard Ratio ;Yard Yard Yard 'ratio 9 floor/1st
3,4 3,5,6 3,7,8,19 t 3.4 '.3,5.6 3,7,8,19 f100r
ratio
__., -- ...� __..-
2.5
..,
RA 10,1 0.4 2 5 i 200 ft. 1150 20 ft. ,50 ft. 0.12 150 20 ft. 50 ft. 0.12 75% 35 ft.
!du/ac acres I lft. ft.
......,
FIR 12'93 Ref. 9- 110,000 160 ft. ;25-20 15-5 25/20 :0.40 25-20 15-5 25-20 0,35 80% 35 ft.
13.301 sq.ft. Ift. ft. ft. fit. ft. ft.
c(2)
RSE- 1 du/ac ,40,000 1150 ft. 130 ft. 20 ft. 25 ft. ,0.15 ,30 ft. :20 ft. 25 ft. ?0.15 75% 35 ft.
40,000'0,11 sq.ft.
RSE- 2 du/ac 120,000 190 ft. 30 ft. 10 ft. 25 ft. .0.25 130 ft. 10 ft. 25 ft. .0.25 .80% 1135 ft
n -10,11 c.. 1
GI�,VVV isq. IG
RS-10,000 3.5 10,000 160 ft. 120 ft. 10-5 125 ft. 10.40 20 ft. '10 ft. 25 ft. 0.35 80% 35 ft.
10," idu/ac Esq.ft. <ft.
RS-7,000 15 du/ac ;7,000 160 ft. 20 ft. `5 ft. �20 ft. 0.45 X20 ft 10-5 20 ft. 0.32 80% 35 ft
10,11 {sq.
RG 7,000 a5 du/ac X7,000 360 ft. 20 ft. ,10-0 20 ft. 0.45 20 ft 10-0 20 ft. ,0.32 80% '35 fit
10.11,15 Esq.ft, sft. eft.
RS-4,000 "I8 du/ac 14,000 150 ft.� i 18 ft. 5 ft.� 116 ft.� 0 50 120 ft 10-5 20 ft. 10.35 X80% 135 ft
10,11,14
!
sq.
MRD- 18 du/ac 14,000 50 ft 18 ft. 5 ft. 16 ft. :0.50 20 ft 10-5 20 ft. 0.35 80% 35 ft
4,000sq.ft. ft.
10,11,17,18 t i !
RG-4,000 18 du/ac 14,000 150 ft. 18 ft. E10-0 16 ft. 0.50 20 ft 10-0 20 ft. '0.35 80% =35 ft
10,11,14.15Sq. €ft. ;
ft
150 . ;30 ft =20 ft. 120 ft. r'NA X20 ft 20 ft ft
20 . 0.35 80% 35 ft
RM 10 t6 18 1 ac
d u/ac 1
page 6 of 14
AF4&HYHD 125 1 ac 150 ft. 30 ft. 20 ft. 20 ft. NA 20 ft. 20 ft. 20 ft. 0.35 80% 35 ft.
to,,s 30du/ac
�. ..... �u .._.. ............ W _.�.�,_ . _ .__ . ........ ,. ................................. ......... .. .N. ... .
MHP Development Standards for mobilehomes shall be per State Law.
�...,.. ._......... �..w _ . ...� ,�v . __� . _... .._ , � ., ..._. . .r........�:
PRD €Refer to subsection 9-3,301(b)(5)(D)
"""""' .. _ .�_
.. --
"f`fote`` 1VIax:'=Tvfazutiiim;'Tv1in -Minimum'bLT=`Dwellingl)nit,Yd"=Yard;Bfdg�-RuTding and Hgf;"=TieigTit
1 All new residential projects shall incorporate a combination of one-and two-story units adjacent to all master planned arterial streets,with at least 20 percent of
the total project units being one-story.In addition,in the HR District,one-and two-story structures shall be intermixed to provide a variety of roof lines,building
mass,and setbacks,and two-story structures shall not be located adjacent to project entries or to existing single-story residences.
2 Lots with street frontages below the minimum set forth in this table maybe permitted without the approval of a variance if all of the following conditions are met:
(a) The lot's street frontage remains a minimum of 20 feet;
. .i
tnl The ne tot s designed such that the reduced width porton constitutes an access corridor to the buildable portion,which is set back away from the street;
(c) The minimum width of the buildable portion of the lot conforms to the requirements of this table;and
(d) The Planning Commission determines that adequate visitor parking will be provided on the lot to compensate for the loss of street frontage parking.
The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps.Reduced frontage portion of such lots
shall not be included in the computation of lot area(see Section 9-4.315,Irregular and Cul-de-sac Lots.)
3 The criteria for measuring setbacks on irregularly shaped and cul-de-sac lots are set forth in Section 9-4.315,Irregular and Cul-de-sac Lots.
4 The setback for garages shall maintain the minimum setbacks for the district.For those residential districts that allow a minimum front yard of 18 feet or less,a
minimum setback of 18 feet from the front property line shall be maintained for the garage.If the garage is a side entry,the front yard setback may be reduced to a
minimum of 10 feet.However,in no instance shall side entry garages using this standard exceed 20 percent of the total units for the residential project.In the
MRD-4,000 District,garages shall comply with Section 9-3.301(c)(4)(C)(2)of these regulations.
5 Architectural projections may extend into required side yards no more than 40%of the applicable district requirement,or more than 3 feet whichever is greater.
6 Minimum exterior side yards shall not be less than 10 feet for all districts,except for the HR District,in which the minimum exterior side yard adjacent to the
street shall not be less than 15 feet.
7 On lots with an existing building setback encroachment into a required side or rear yard,structural additions having the same said encroachment shall be
permitted without the approval of a variance.However,no new encroachment in excess of that existing,nor any new encroachment may be permitted without the
approval of a variance(see Section 9-3.533,Nonconforming Uses,Lots,and Structures).Notwithstanding the preceding,any side setback encroachments for
dwellings within the Capistrano Garden Homes 2 project area shall require a variance or an exception.
8 In the RA,HR.RSE-40,000,RSE-20,000,RS-10,000,RS-7,000,RS-4,000,RG-7,000,RG-4,000,MRD-4,000,RM,and A€1SHVHD Districts,open patios may
extend up to a minimum of 5 feet from rear property lines pursuant to Section 9-3.501,Accessory Uses and Structures.
9 The overall building square footage for the primary structure shall not exceed that using the floor area ratio.For the purposes of calculating overall square
footage,open volume ceilings that include second story area shall be included as square footage as if a second floor has been installed said area shall include
garage and enclosed porches.
10 All front,side,and exterior side architectural elevations shall be fully articulated with the integration of details and materials consistent with the approved
architectural style of the unit for residential subdivision.
11 Single-family Design Standards:In all districts where single-family dwellings(site-built,modular,or manufactured home)are permitted,such dwellings shall be
subject to the development standards for that district as well as the following requirements:
(a) The minimum width of the residential dwelling shall be 20 feet outside dimension measured to the building line.For the purposes of this section,the width
shall be distinguished from the length of the building as the dimension having the lesser measurement;
(b) The exterior sides shall be covered with wood,stucco,masonry,or other material of similar texture and durability.Metal siding shall not he parmittgd
(c) The roof material shall be wood shingle or shake,slate,tile,or other material of similar appearance,texture,substance,and durability;
(d) Roof eaves and gables shall be no less than 12 inches,measured from the vertical side of the unit,unless otherwise approved by the Planning Commission.
The preceding criteria shall be administered by either the Planning Director or Planning Commission,depending on which is responsible for reviewing specific
residential projects or custom homes prior to plan check.
12 HR Design Standards:A residential project in the HR District shall be in compliance with the following:
(a) The residential design of the project shall give the appearance of a variety of setbacks;
(b) The residential design shall encourage pedestrian use for internal circulation;
(c) Existing mature trees shall be preserved to the maximum extent and shall be integrated into the overall design of the project.
13 In the HR District,as part of the subdivision review process,lots shall comply with the following:
(a) At least 30%of the units shall maintain a minimum front yard setback of 25 feet and rear yard setback of 20 feet;
(b) At least 70%of the units shall maintain a minimum front yard setback of 20 feet and rear yard setback of 25 feet;
(e) The minimum side yard setbacks shall be 15 feet combined,but not less than 5 feet on one interior side yard.
14 Projects that propose 7,000 square foot lots or less shall provide private common recreational facilities equal to 250 square feet per unit.In addition,the
minimum setback from a master planned arterial street shall be 25 feet as measured from the ultimate right-of-way.A homeowner association shall be created to
maintain all the recreational facilities and landscaping and to assume other responsibilities as appropriate.The organization,legal authority,duties,and obligations
for such homeowner association shall be set forth in a set of Codes,Covenants,and Restrictions(CC&R)to be approved by the Planning Commission and
page 7 of 14
recorded with the final tract map.Such CC&R shall incorporate provisions for the City to takeover or otherwise provide for the maintenance of all the recreational
facilities,landscaping,and common areas should the City determine that adequate maintenance is not being performed.
15 The RG-7,000 and RG-4,000 Districts allow attached units with zero lot lines.
16 In the"RM"and"AFlSHVHD"Districts,a minimum distance of 20 feet shall be maintained between all buildings including principal and accessory structures.
17 Single-family homes shall be permitted as a primary land use within the GC district in neighborhoods where existing development is predominantly single-
family residential.Such existing lots,on which single-family residences are the primary use,shall be subject to the single-family development standards of the RS-
7000 district or other residential district as determined most applicable by the Planning Director.
18 In the Mission Hill area of the MRD-4,000 District,lots with an average slope in the front yard of less than 15%shall comply with the minimum front yard
setback.Lots with an average slope equal to or greater than 15%shall provide a minimum 10 feet setback.
In the Mission Flat area of the MRD-4,000 District,the principle dwelling,with or without an attached front-loaded garage,shall maintain a minimum front yard
setback of 18'-0"for one-story and 20'-0"for two-story structures.
19 In the MRD-4,000 District,detached garages situated to the rear of the principal dwelling shall maintain a minimum T-0"side and rear yard setback.
Detached garages may incorporate other permitted accessory uses.
(2) Hillside Residential (HRH District development standards. Development within the
Hillside Residential (HR) District shall comply with the following standards:
(A) Calculation of total allowable dwelling units. Within the Hillside Residential (HR)
District, the total allowable residential dwelling units shall be calculated based on the
total land area within each slope category pursuant to subsection (B) of this
subsection, below. All land area included within a parcel may be included in the
calculation of total allowable dwelling units, if all land within the parcel is designated
for residential development by the Land Use Element of the General Plan.
(B) Residential dwelling unit calculations. Using the slope calculation procedure
described in subsection (D) of this subsection, the maximum allowable number of
residential dwelling units shall be calculated by totaling the maximum number of
dwelling units allowed within each slope category as depicted in Table 3-3.
Table 3-3
Hillside Residential District
Dwelling Unit Calculation
Slope Category Dwelling Units per Acre ����������� ����
��. __.� _._... . .� __....
0-10 percent 100 percent of maximum density for General Plan residential land use
designation
-..-. _.
_ �_,._. _,... ___M.,.. .
11-15 percent 90 percent of maximum density for General Plan residential land use
designation
16-20 percent 75 percent of maximum density for General Plan residential land use
designation
��1 25 percent.... 55 percent
� �. ��,M �.0 .v.,�
2 cent of maximum density for General Plan residential land use
V GJIg11Q 61V11
26-30 percent 35 percent of maximum density for General Plan residential land use
designation
30-39 percent 10 percent of maximum density for General Plan residential land use
designation
..........w._ .e�_ _.M�. �. . .m� _ _ _�:..a..
40 percent or Zero percent of maximum density for General Plan residential land use
greater designation
(C) Clustering of dwelling unit allocations or graduated lot sizes. Within a tentative map,
planned development permit, vested tentative map or any other applicable
entitlement, dwelling unit allocations calculated for land areas having slopes in
excess of twenty-five (25) percent shall be transferred to land areas having slopes of
less than twenty-five (25) percent, except no dwelling units shall be allowed on land
with less than twenty-five (25) percent slope on or adjacent to a designated ridgeline
identified in the Conservation and Open Space Element of the General Plan. When
page 8 of 14
transfers ofdwelling unit allocations smdescribed above occur, the resulting
noinhnurn |o( size for a single-family detached dwelling oh@U not be |a8s than 10.000
square feet per dwelling unit or unless an exception is granted by the City Council.
(D) Slope calculation procedure. The following method shall be used to determine the
slope ofany land within the Hillside Fl0SideDUa/ (HR) District:
The parcel of land shall be divided into subareas or cells of approximately 100 feet
by1OOfeet (thirty (30) meters bythirty (3O) me&srG\. Within each cell, the slope shall
be C8|Cukaind by the hzU0vvng formula:
S=1 x L-x \00
A
Where:
G = Average ground slope in percent, calculated for each cell to be rounded to the
nearest whole number.
| = |nterva|, in h3St, of the topographic 08p contour lines. The contour interval shall
beten /1O\feet Orless for calculating slope.
L = The sum, in feet, of the length of all contour lines within the cell, at the selected
contour interval "|"
A = The total area ofthe cell, insquare feet. Acell 1O0feet bv10Ofeet has anarea
Uf1O,00Osquare feet (1O0feet x1OOfeet = 10.00Usquare#eat).
The areas of cells with each slope category shall be combined to identify the total
land areas within the parcel within each of the slope categories identified in
subsection (B) of this subsection. The maximum allowable number of residential
dwelling units can then be calculated as described in subsection (B) of this
subsection.
(E) Slope map required. All computations for slope and the maximum allowable number
of residential dwelling Units, including a topographic nl8p, ah8|| be prepared and
signed by a registered civil engineer or a licensed land surveyor and submitted to the
Environmental Administrator. The topographic map shall have a scale of not less
than one inch to 200 feet and a contour interval of not more than ten (10)feet. This
topographic nn8p Sho|| include all adjoining |8Od area within 150 feet of the site
boundaries. The map shall depict the slope category of each cell so that cells within
the G8nle category are visually recognizable.
(F) Hillside grading neqUin8D1eniG. The following hillside grading requirements Gh8/| apply
in the Hillside RHSideDd@| (HR) District. In reviewing the subdivision and development
plans for hillside areas, the Planning Commission shall ensure the attainment of the
following objectives:
/i\ The preservation of natural topographic features and appearances by means of
land sculpturing so as to blend any manmade or manufactured slope into the
natural topography;
(ii) The preservation Ofnatural topographic features and appearances through
restrictions On SuoCeGGiw8 padding and terracing of building Gib8S in hillside areas;
(iii) The retention of all designated General Plan ridgelines so as to avoid abrupt
changes iDgrades;
(iv)The retention Ofmajor O@tuna| tOpognaphiCfe8tumeG. SuChaou8DyOnS' dr8in8ge
Svva}eG. Steep 5|OpeS. vvGte[Shad Gr88S' flVOdp|@inG' view corridors, and scenic
viSL8S'
(v) The preservation and enhancement of prominent landmark features, such as
natural rock outcroppings, prominent trees and plant materials, and other areas
of special natural beauty;
page 9Of14
(vi)The design andarr8ngennenƒofbuikjingsKes. uU|bingu|unteredlotdesigna. and
setback variations, somsholimit the extent ofgrading alterations;
/vii\Theutilization Ofvarying setbacks, building heiQhts, innovative building
teChniqueS, and compatible building forms, nnatehu|S. and colors which serve to
blend all buildings into the terrain;
(viii)The preservation and introduction ofplant materials SO8Sb] protect slopes from
SOi/ erosion and slippage and minimize the visual effects of grading and
construction on hillside 8re88�
.
(ix)The introduction and utilization of permanent full coverage irrigation systems
adequate t0sustain exiS1ingand developed slope p|an\inqeand toprotect
against potential hazards due to fire;
/x\ The utilization of street designs and improvements which serve to miDirnize
grading o|U3r8ti0nS and harmonize with the natural contours and character ofthe
hillsides;
(xi)The utilization ofcontour grading and re-vegetation with natural plant rnaiHh8|S
for remedial grading 8SSOCi8ted with the stabilization and protection of future
residential units; and
(xii)Overall residential units do not exceed calculations per subsection (B) of this
subsection, above.
(G)Exceptions. Exceptions to the residential unit allocations as determined by the slope
density formula may be considered and approved by the City Council, if it is
determined that the following has been integrated into the project's design:
/i\ The project has [QiDirRiz8d landform alteration by its layout and design;
(ii) The projecthaSminimiz8ditSviSu8| prUDliO8OCokOnlmo]nrvi8wShD0
designated scenic corridors:
(iii) The design is unique and blends through the use of structure design and finish
materials and colors with its n8tUn3| setting and
/iv\The design ofthe project m@ximizesthe8mOUntOfnGtUr3| OpGDSpece. vvhi|e
ensuring the |0Dg-te[rO safety 0fresidents and improvements.
(H) Non-applicability. The development standards and mGqUin8nnentS set forth in this
subsection, upon a determination of the Environmental Administrator, shall not apply
to those specific developments or applications involving site preparation for one or
more of the following types Of projects:
/i\ Asingle-family dwelling unit and accessory buildings on 8 SiDg|8 parcel of record
OOdate Vfthe adoption 0fthis Title;
/ii\ TYV0 /9\ 8rmor nesidentio| dvvS|finn VnitG8nd 8C0SSS0rybui|diOgS on S sinQ|S
parcel wherein the minimum average amount Ofland area per dwelling unit
equals ten /1O\ acres ormore;
(iii) The use, development, or alteration of|8nd, including the projects Set forth in
subsections (i) and (ii) of this subsection, wherein less than ten (10) percent of
the surface area of the land is to be graded or where grading operations involve
|8GS than 5,000 cubic yards nfdirt and/or
(iv)The property is part of a subdivision application that was subject to the provisions
Ofthis section and has previously been reviewed and approved bythe City
Council.
Applications for a determination of non-applicability as set forth in this subsection
shall b8made b} the Environmental Administrator. The applicant shall submit 8
written request and such data or plans as may be required by the Environmental
Administrator to render a decision in accordance with the provisions of this
subsection. Adetermination ofnon-applicability from the standards Dr
requirements 0fthis section shall begranted only ifthe Environmental
page 10 of 14
Administrator finds that the development plans meet the development
requirements set forth in this subsection and that the development of the land in
questions will serve to comply with the purposes and objectives of the Hillside
Residential /HR\ District.
(3)Multiple-family development requirements. The following development requirements
Sh2|| apply in the Multiple-Family (RM) and
| [>i8tricta:
(A) Recreational facilities. Residential developments nh8U provide outdoor recreational
facilities for the residents of the development. Such facilities may include swimming
pools and cabanas, tennis and volleyball courts, open plavinq fields, children's plav
equipment, and similar facilities.
(B) Management agencies. A management agency shall be created to maintain all the
recreational facilities and landscaping and to assume other responsibilities as
appropriate. The organization shall be set forth in a set of provisions to be approved
by the Planning Commission. Management agencies shall be responsible for
assuring that the development complies with the maintenance standards per
ofthis Municipal Code.
(C) Storaae facility. Each unit within a development shall
designated for the unit use. The storage facility will be enclosed and must be able to
secure closed. The facility will not be permitted for living space.
(D) Common Recreation
space will be reguired for recreational purposes. Recreational space uses include:
community park, swimming pool and spa. gymnasium, picnic shelter/barbecue area
with s softball or
baseball field, day care center, or similar uses. For developments with less than 30
units, one recreati ts with more
than 30 units but less than 100 units, two of the recreational space uses must be
included. For developments more
uses must be included.
community focal point. Community focal points are central meeting place which
r other landmark feature for
orative features
consistent with the desian of the units. If enclosed,, the structure shall be
architectural 11 be centrally located
/4\ N1iSSiOn Residential District. The following development requirements shall apply to new
construction in the Mission RGSidGOU8| District (MRD) District, to the extent feasible and
practicable on each |O1. The intent Ofthis district is to maintain a C3nnrnunitv character
complementary tothat currently existing in the area. While this section includes both
requirements and guidelines, care must be taken not to deviate substantially from these -
guidelines in a way that would be detrimental to the streetscape and community
character in terms of height, bulk, building coverage, setback, design, materials, and
colors.
(A) New development projects prDpOSedintheK4R[)-4.O00zone8h8Ube8Ubie{tt0the
following processing requirements:
/i\ Any pnopOG@/ to d8OlO|iSh' rGn0Owe. relocate, Orsubstantially alter any structure
listed on the City's Inventory DfHistorical and Cultural Landmarks (|HCL) shall be
subject to . Historical and Cultural Landmark Site Plan Review/' Of
this title. Minor alterations to |HCL'|isƒed structures 8ho{[ be processed pursuant
to b\ of this title.
page 11Of14
(ii) Any proposal to demolish, remove, relocate, Oralter any structure vvhk:h is not
listed onthe City's |HCLshall besubject toreview bvthe Planning Director or
their designee os0] oonfonn8noe with the requirements ofthis section. Kthe
Planning Director determines that the proposed project confOn0shuthe
requirements set forth herein, the project may be approved administratively
pursuant to . Administrative Approvals, ofthis title. If the Planning
Director determines that the project does not meet the requirements of this
section, the Planning Director may deny the project orm8yfonwandbtVthG
Planning COrnnni8SiOn for review and action pursuant to that section.
/B\ Building material standards.
//\ All building nn@t8ria|e shall be authentic and in character for the area.
(ii) No metal siding or fiberglass panels are permitted on either primary or accessory
structures.
(iii) Permitted building materials shall include wood, ob}n8. briok. Stuoo0' plaster,
asphalt-corn position nhing[e, fire-resistant wood nhing|e, clay tile, horizontal lap
niding, board and batten siding, fibrous cement siding, and similar materials.
/iv\ Highly reflective materials shall not b8allowed.
(v) Where an addition or alteration is proposed to an existing building, materials shall
beconsistent with the existing building.
/C\ Site design standards.
/i\ Primary structures and all dwelling units shall be oriented toward the frontage
street SO8n \Ominimize automobile-related uses and emphasize the main
pedestrian entry.
//i\ Garage standards.
o. Mission Hill area: Garage doors should be side-loaded or set back behind the
front building vvo|| containing the front entry door.
b. Mission Flats area: Garage doors should be |0C8b»d behind the front building
vva|| Containing the front entry door, or to the rear 0fthe principal dwelling.
c. No more than thirty-five (35) percent of the building frontage (measured in
linear feet) should beoccupied bygarage doors.
(iii) Front porches and sidewalks connecting the front door to the street are
encouraged.
(iv) F`Ub|iC Sidevv8|kS and Curb and gutter within the right-of-way will not be required
except 8Sneeded for drainage and public safety. Street improvements should
match existing improvements in the area in order to maintain the existing
character, Alternatives desiqns, such as bioswales, will be en—uran
/v\ On hillside |0tS. stepped pads are preferred to adapt the building form to the site's
natural slope.
(vi) Driveways shall be designed to limit the amount of paved area in front yards and
along the street frontage. No more than forty (40) percent of the front yard area
may be paved. Divided driveways are permitted tO limit paving.
(vii)No sheds or other accessory structures shall be permitted in front yards, or within
Gide yards adjoining any street.
(viii)Fencing within yards adjacent to the public right-of-way shall be open, with at
least fifty (5O) percent visibility. No chain link fencing Sh@|| be permitted in front
yards or side yards adjoining public orprivate streets.
(D)Architecture.
(i) Styles shall be consistent with those found within the District and may include,
but will not be limited to, Ranch, F9ung8|Ovv, Cr@ftGnn2O, Spanish CQ|ODi@/ n8viv@|.
Victorian, California "venn8Cu|8r." Streamline Moderne, and Bauhaus
architectural styles, and contemporary interpretations ofthese styles.
O
page
1� f14
//i> New construction shall maintain the eclectic architectural quality of the District.
Development projects uaingth8S8rneorsubstanb8UythBSarnearohit8Ctuna|
Gh/le' colors, rn8t8ria|3, rnessing, building footprint and character on more than
one lot in8row shall not bepermitted.
(iii) Fluorescent colors shall be prohibited.
(iv) Massing of all new structures (accessory and primary) shall be compatible with
existing buildings On adjoining lots.
/5\ Planned Residential Development District. The following development requirements
shall apply inthe Planned Residential Development (FzRD) District.
(A) Recreational,Facilities: Developments Sh3|| provide outdoor recreational facilities for
the residents of the developments. Such facilities may include swimming pools and
cabanas, tennis and volleyball courts, open playing fields, children's play equipment,
and similar facilities.
(B) Homeowner's Associations: A homeowner's association shall be created to maintain
all the recreational facilities and landscaping and to assume other responsibilities as
appropriate. The organization, legal authority, duties, and obligations for such
homeowner's associations shall be set forth in a set of Codes, Covenants, and
Restrictions (CC&R) to be approved by the Planning Commission and recorded with
the final tract map. Such CC&R shall incorporate provisions for the City to take Over
or otherwise provide for the maintenance of all recreational facilities, landscaping,
and common areas should the City determine that adequate maintenance is not
being performed.
/C\ Development Plans: Plans approved by the City during thedevelopment review
process shall not be 8|ter8d, un|8Sa such 8|t8r8dOO is approved by the Planning
Commission orthe Community Development Director 88defined iO
33K01/c\(5)/E\.
/O\ Development Standards: For the purposes Ofthis section, "lot cluster" shall mean
any single lot, or group of adjacent lots having a single perimeter boundary enclosing
all of the lots. For ex@n0p|8. four(4) 3UBShGd tQvvnhonn88 vvOU!d have contiguous lots,
@ single perimeter boundary, and would constitute lot cluster. The following
development standards shall apply inthe Planned Residential Development /PRD\
District:
(i) The minimum distance between lot clusters shall bafifteen /15\feet.
(ii) The maximum number Vflots within each lot cluster shall be eight(8).
(iii) The minimum distance between any building and a private street shall be ten
(10)feet.
(iv)The rDiOi[Du[n distance between any building and 8 public street shall be tv8nb/
(20)feet.
/V\ The minimum distance between any building and project bOuOdarysh@|| be
twenty (20)feet for single-story units and thirty /3O\feet for two-story units.
(vi)The @rChitHCiU[8| features of buildings, such as eaves, CQrOiCeG. chimneys, and
similar minor outcroppings, may extend beyond an individual lot line into 3 project
common area 8maximum ofthree (3) feet.
/E\ Exceptions: All alterations tOdevelopment plans shall adhere to Section 9�
3�N1/C\(5)(C) except @Sfollows:
(i) Minor Alterations (Structural): The CnnnnoUnih/ Development Director Ortheir
designee may approve an addition not to exceed ten (10) percent of the existing
building area or 500 square feet, whichever is |e8S' provided the fV|/OvviOg
conditions are met:
°
The area Ofaddition does not exceed the setbacks Ofthe existing structure,
as established for the existing residential dwelling unit.
page 130f14
° The proposed addition iearchitecturally integral to the structure.
° The proposed addition iSlocated Onproperty owned exclusively bythe
property owner ofthe existing residential dwelling unit and iSnot under
COrnnnOn ownership.
° The proposed addition meets all of the development standards as established
within the Planned Residential Development District.
(ii) Minor Alterations (Accessory Structures): The Community Development Director
Ortheir designee may approve accessory structures provided the following
conditions are rnet
.
" The 000eoaorystructures are open structures which dOnot add habitable
living space and are attached to the principal structure onsite.
° Prior to approval the applicant shall provide written approval of the proposed
accessory structure bythe subject Homeowner's Association.
° The proposed addition meets all of the development standards as established
within the Planned Residential Development District.
| _(d)Development review. Projects proposed within the Residential/Agriculture /RA>, Hillside
Residential /HR\, Sing|m-Fonni|y-4O'00O /RGE-4O.0OU\ Sing|8-Fonni|y-2U'OUO (RSE-20.000).
Single-Family-10,000 (RS-10,000), Sing|8-F8noi|y-7.0U0 (RS-7.O00). 8iDQ|e-F3nni|y-4.000
(RS-4.800), Residential Gordmn-7,00O /RG-7,OUO\, Residential G8rd8n-4'000 (RG-4.0OO).
Mission Residential District Raaidenda|-4.000 (MR[}-4000), Multiple-Family (RM), AffepdaNe.
| , Mobi|ohOnle Park (MHP) and
Planned Residential Development (PRD) Districts shall be subject to applicable review
procedures as set forth in Article 3 Development Review Procedures of Chapter 2 of this
title.
(8) Supplementary district and temporary use regulations. For sign, parking, fenCH. Svvin0O0iDg
pOO|. and similar nSgu|8UODS for the Residential/Agriculture (RA). Hillside Residential (HR),
8inQ|e-F@R;i|y-40.UUO /RSE-4O.O0O\ Sing|e-Fanni|y-20'0OO /RSE-20'8OO\, Sing|e-FBrni|y-
1O.O00 (RS-10'000), Sing|e-F8noi|y-7.000 (FlS-7.000). Sing|8-F8Oli|y-4'OUO /R8-4,000\.
Residential G8n]en-7'000 /RG-7.000\' Residential G8rd8n-4.000 /RG-4,000\, K8i8Si0O
Residential District-4,000 (MRD-4000), Multiple-Family (RM),
| . M0bi|ehome Park /K4HP\ and Planned
Residential Development (PRD) Districts, see Article 5 Supplementary District F{egu|8tiODS
0fthis chapter.
page 14 of 14