Zoning - R3 High Density Residential District - Permit & Resource Management Department

Article 24.

R3 High Density Residential District.

§ 26-24-005 Purpose.
§ 26-24-010 Permitted uses.
§ 26-24-020 Uses permitted with a use permit.
§ 26-24-030 Permitted residential density and development criteria.

Sec. 26-24-005. Purpose.

Purpose: to implement Section 2.2.1 of the general plan by reserving appropriately located areas for family living in a variety of dwelling types at a reasonable range of population densities consistent with sound standards of public health and safety; to preserve as many of the desirable characteristics of one-family residential districts as possible while permitting higher densities; and to ensure adequate light, air, privacy and open space for each dwelling unit. To implement the residential objectives of adopted redevelopment plans where applicable. (Ord. No. 4643, 1993.)

Sec. 26-24-010. Permitted uses.

Permitted uses include the following:

(a) Dwelling units on permanent foundation in accordance with the residential density shown in the general plan land use element or that permitted by a B combining district, whichever is more restrictive;

(b) Home occupations subject to the requirements of Section 26-88-121 and approval of a zoning permit;

(d) Accessory buildings and uses appurtenant to the primary use;

(e) One (1) second dwelling unit per lot, provided that all criteria of Section 26-88-060 are met. Such criteria include, but are not limited to, setbacks and yard requirements; (Ord. No. 3511.)

(f) Occasional cultural events, provided that a written notice stating “The Sonoma County Planning Department will issue a zoning permit for a cultural event (state nature and duration) on this property if a written appeal is not received within ten (10) days prior to issuance of a zoning permit,” and no appeal pursuant to Section 26-92-040 has been received from any interested person, and provided that approval is secured from the following departments: sheriff, public health, fire services, building inspection and public works. In the event of an appeal, a hearing on the project shall be held pursuant to Section 26-92-040;

(g) Small family day care;

(h) Large family day care provided that the applicant shall meet all performance standards listed in Section 26-88-080;

(i) The outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain and similar food and fiber crops;

(j) Beekeeping;

(k) Housing Opportunity Area Type “A” projects that satisfy all of the applicable requirements of Housing Element Policy HE-2g, including the design and development criteria set forth in Section (4)(d) of Policy HE-2g for Type “A” Housing Opportunity Areas located in urban residential, twelve (12) to twenty (20) dwelling units per acre, areas depicted on the general plan land use maps. The design and development criteria set forth in Section 4 of Policy HE-2g for such Type “A” Housing Opportunity Areas shall prevail over any conflicting criteria specified below in Section 26-24-030. Compliance with Section 4 of Policy HE-2g for such Type “A” Housing Opportunity Areas shall be determined by the body prescribed in Section 5 of that policy. Nothing herein shall limit the ability of the decision-making body to either deny or to apply conditions to the approval of such a Housing Opportunity Type “A” project;

(l) Transitional housing subject to compliance with the requirements of Housing Element Policy HE-4p;

(m) Attached commercial telecommunication facilities subject to the applicable criteria set forth in Section 26-88-130;

(n) Minor freestanding commercial telecommunication facilities, subject to the applicable criteria set forth in Section 26-88-130, and subject to approval of a zoning permit, including environmental review, for which notice, including a site plan and one (1) elevation with dimensions for such facility, is mailed to adjacent property owners and posted on the subject property at least ten (10) days prior to issuance of the permit and provided that no appeal pursuant to Section 26-92-040 has been received from any interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above section;

(o) Noncommercial telecommunication facilities eighty feet (80') or less in height subject to the applicable criteria set forth in Section 26-88-130. Facilities between forty feet (40') and eighty feet (80') in height are subject to approval of a ministerial zoning permit for which notice is mailed to adjacent property owners and posted on the subject property at least ten (10) days prior to issuance of the permit and provided that no appeal pursuant to Section 26-92-040 has been received from any interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above section;

(p) Other nonresidential uses which in the opinion of the planning director are of a similar and compatible nature to those uses described in this section. (Ord. No. 5569 § 7, 2005; Ord. 5429 § 4(a), 2003; Ord. 4973 § 6(a), 1996; Ord. No. 4643, 1993.)

Sec. 26-24-020. Uses permitted with a use permit.

Uses permitted with a use permit include the following:

(a) Planned developments and condominiums. Compatibility with adjacent development, unique characteristics, innovation, provision of amenities and the provision of housing which is affordable pursuant to the requirements of Housing Element Sections 3.1 and 3.1.1 to very low and low income households are additional criteria which will be utilized in evaluating such development. Condominium conversion shall be subject to the requirements of Housing Element Policy HE-3i;

(b) Mobile home parks and recreational vehicle parks combined therewith subject to the provisions of Article 88;

(d) Public and private nonprofit elementary schools, junior high schools, high schools and colleges;

(e) Churches;

(f) Public playgrounds, parks, community centers, libraries, museums and similar uses and buildings;

(g) Minor public service uses or facilities (transmission and distribution lines and telecommunication facilities, excepted) including, but not limited to, reservoirs, storage tanks, pumping stations, telephone exchanges, small power stations, transformer stations, fire and police stations and training centers, service yards and related parking lots which, at a minimum, meet the criteria of general plan Policy PF-2s and which are not otherwise exempt by state law;

(h) Exploration and development of low temperature geothermal resources for other than power development purposes provided that at a minimum it is compatible with surrounding land uses;

(i) Large residential community care facility;

(j) Major medical facilities; (Ord. No. 1928.)

(k) Housing Opportunity Area Type “A” projects based on alternative design and development criteria to those set forth in Section (4)(d) and (4)(e) of Housing Element Policy HE-2g for Type “A” Housing Opportunity Areas located in urban residential, twelve (12) to twenty (20) units per acre, areas depicted on the general plan land use maps, or, as applicable, Section 26-24-030. A use permit for such project shall not be approved unless the project meets all other requirements of Policy HE-2g for such Type “A” projects. The decision-making body shall be as specified in Policy HE-2g for Type “A” Housing Opportunity Areas. Nothing herein shall limit the ability of the decision-making body to either deny or to apply conditions to the approval of such a Housing Opportunity Type “A” project;

(l) Day care center;

(m) Closure, cessation of use or conversion of a mobile home park to an alternate land use, provided that the criteria set forth in Section 26-92-090 are met;

(n) Intermediate freestanding commercial telecommunication facilities subject at a minimum to the applicable criteria set forth in Section 26-88-130;

(o) Noncommercial telecommunication facilities greater than eighty feet (80') in height subject at a minimum to the applicable criteria set forth in Section 26-88-130;

(p) Small-scale homeless shelters serving ten (10) persons or less, subject to design review;

(q) Other nonresidential uses which in the opinion of the planning director are of a similar and compatible nature to those uses described in this section. (Ord. No. 5429 § 4(c), 2003; Ord. No. 4973 § 6(b), (c), 1996; Ord. No. 4643, 1993.)

Sec. 26-24-030. Permitted residential density and development criteria.

The use of land and structures within this district is subject to this article, the applicable regulations of this chapter, and the provisions of any district which is combined herewith. Policies and criteria of the general plan and any applicable specific or area plan or local area development guidelines shall supersede the standards herein.

(a) Residential density shall be between twelve (12) and twenty (20) units per acre as shown in the general plan land use or housing element or that density permitted by a “B” combining district, whichever is more restrictive, provided however that a density bonus and further incentives may be granted subject to compliance with all of the requirements of Article 89; and provided further that for a Housing Opportunity Area Type “A” project which meets the requirements of Article 89, the permitted residential density may be increased one hundred percent (100%) above the mapped designation in the general plan to a maximum of thirty (30) dwelling units per acre. All applications for a discretionary approval shall be designed to meet, at a minimum, the density requirements shown in the general plan land use element or on the sectional district maps, whichever is more restrictive, provided however, that a lesser density may be approved if the body deciding the application determines that such a reduction in density is necessary to mitigate a particular significant effect on the environment and that no other specific mitigation measure or alternative would provide a comparable lessening of the significant impact. Nothing set forth in this section shall be construed to prohibit the construction of one (1) single-family dwelling on a single lot of record.

(b) Maximum Building Height.

(1) Thirty-five feet (35') or two (2) stories, whichever is less, provided, that no detached accessory structure shall be permitted to exceed one (1) story;

(2) Three (3) story construction may be allowed, subject to design review approval, provided it does not exceed forty feet (40') in height, for: (a) Housing Opportunity Area Type “A” projects; and (b) in projects where the majority of resident parking is provided as tuck-under (podium-style) ground floor parking.

(3) Notwithstanding subsections (b)(1) and (b)(2) of this section, where an R3 district abuts on an R1 or RR district, the height of any building within thirty feet (30') of the R1 or RR district shall not exceed thirty feet (30'). If any structure within the thirty-foot (30') distance is provided as two (2) stories, the second floor shall be set back at least five feet (5') more than the first floor, in order to reduce impacts related to bulk, height, mass, and loss of solar access on neighboring properties.

(4) Maximum height for telecommunication facilities is subject to the provisions of this article and Section 26-88-130.

(d) Minimum Lot Width. The minimum average lot width within each lot is eighty feet (80').

(e) Lot Coverage.

(1) Not more than sixty percent (60%) of the total lot area shall be devoted to main and accessory buildings. The remaining lot area shall be devoted to landscaping, lawns, private yard spaces, play or recreational areas, and open parking and access areas.

(2) The decision maker may approve a ten percent (10%) increase in lot coverage where it is found that due to efficient land utilization, sufficient open areas and recreation areas are provided on site.

(f) Yard Requirements. The following shall apply except that if the subject property adjoins land which is zoned AR or designated as agricultural land, the use is subject to the requirements of Section 26-88-040(f).

(1) Front Yard. Not less than fifteen feet (15') provided, however, that no structure shall be located closer than forty-five feet (45') to the centerline of any public or private road, street or highway. Setbacks may be reduced up to five feet (5') in order to attain an average of fifteen feet (15'). Unenclosed front porches may extend up to ten feet (10') into the required front yard setback provided that adequate sight distance is maintained from driveways, alleys or roads.

(2) Side Yard. Not less than five feet (5') except where the side yard abuts a public street, in which case such yard shall be fifteen feet (15') to the edge of the right-of-way. On lots where access is gained to an interior court by way of a side yard, or where an entrance to a building faces the side line, said side yard shall be not less than ten feet (10').

(3) Rear Yard. Not less than ten feet (10').

(4) Garage Setback. No garage or carport opening facing the street shall be located less than twenty feet (20') from any exterior property line.

(g) Parking Requirements. Parking shall be provided as set forth in Section 26.86.010, Required parking.

(h) Where planned developments and condominiums are proposed, dwelling units may be attached; common walls will be permitted. The lot size and setback requirements of this section shall not apply to planned developments and condominiums.

(i) Additional Development Standards.

(1) For dwelling groups and/or multifamily structures involving four (4) or more dwelling units, all utility distribution facilities (including but not limited to electric, communication and cable television lines) installed in and for the purpose of supplying service to any residential development shall be placed underground, except equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts. The developer is responsible for complying with the requirements of this section, and shall make the necessary arrangements with the utility companies involved for the installation of the facilities.

(2) Landscaping shall be provided and perpetually maintained in all required yards for the life of the project.

(3) Adequate drainage shall be required.

(4) All refuse collection areas shall be enclosed on at least three (3) sides by a five-foot (5') high wall, such wall to be constructed of masonry or other material as specifically approved by design review. Alternate methods of refuse and recycling storage and screening thereof may be approved by the director.

(5) To the extent possible, all off-street parking areas shall be screened from view of surrounding residents by a fence not less than four feet (4') in height, or by landscape materials having a normal growth of not less than four feet (4') in height.

(6) All points of vehicular access and vehicular circulation to and from off-street parking areas and driveways and onto public rights of way shall be approved by the director of transportation and public works.

(7) Unless an alternative permeable treatment is approved by the director of transportation and public works and design review, all off-street parking areas shall be paved with asphalt or its equivalent, and shall conform to the off-street parking design standards of Article 86. Use of alternative permeable surfaces is strongly encouraged wherever feasible in order to maintain or enhance groundwater absorption and recharge.

(8) Public utilities and easements therefore shall be provided as required by applicable public utilities and agencies.

(9) Main buildings shall be placed such that privacy issues are minimized. Building-to-building window placement shall be staggered, or otherwise designed to provide adequate privacy between the units, as determined by design review.

(10) Open/Recreational Space Requirement. In developments of four (4) or more rental units on a single lot, a landscaped, usable open recreational and leisure area, totaling at least two hundred (200) square feet for each dwelling unit, shall be provided except that for projects limited to seniors, at least one hundred fifty (150) square feet of landscaped, usable open area shall be provided for each dwelling unit. Such areas shall be conveniently located and readily accessible to each dwelling unit, as determined by the decision maker. Private open space areas (i.e., patios and balconies) may be considered for up to fifty percent (50%) of the required open recreational and leisure area.

The following areas shall not be considered as contributing to the recreational and leisure areas required above:

(i) Any required front or side yard;

(ii) Any paved (non-permeable) area used for parking or vehicular circulation;

(iii) Any area with a dimension of less than six feet (6').

(j) Design Review. Design review approval shall be required for all dwelling groups, apartments, and similar residential developments featuring four (4) or more dwelling units, prior to issuance of a building permit. (Ord. No. 5569 § 4, 2005: Ord. No. 5009 § 1(D), 1997; Ord. No. 4973 § 6(f), 1996; Ord. No. 4839 § 1(D), 1994; Ord. No. 4643, 1993.)