PDP-16-16 Staff Report

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PDP-16-16 Staff Report
City of Half Moon Bay
PLANNING COMMISSION STAFF REPORT
March 22, 2016
RECOMMENDATION
It is recommended that the Planning Commission review the proposed Zoning
Ordinance/Coastal Implementation Plan amendments to Title 18, Zoning Ordinance/Coastal
Implementation Plan to comply with State child care law by deleting “Limited Day Care” and
adding “Small Family Day Care” and “Large Family Day Care” uses in all Residential Zones;
amending the R-2, Duplex Residence zone standards to reduce affordable housing constraints;
and other properly related matters of code clarification in the Residential Land Use District; and
open the public hearing, accept public comments, provide Planning Commission comments,
and continue this item for formal action.
PROJECT SUMMARY
Project Description: These amendments are more specifically described as: amending Chapter
18.02 “Definitions” to add definitions of “Small Family Day Care” and “Large Family Day Care”;
amending Chapter 18.03 “Use Classifications” to eliminate “Limited Day Care” and add “Small
Family Day Care” and “Large Family Day Care”; amending Chapter 18.06 “Residential Land Use”
to eliminate “Limited Day Care,” add “Small Family Day Care” and “Large Family Day Care” as
Permitted Uses in all Residential Zones in Table A-1 “Schedule of Residential Uses,” add “Large
Family Day Care” and associated development standards to Section 18.06.025; and to eliminate
the Floor to Area (FAR) requirement for duplexes and modify the Maximum Multi-Story Site
Coverage in the R-2, Duplex Residence district from 35% to 40% in Table C “R-2 and R-3 Zoning
District Development Standards,” and other properly related matters of code clarification.
Project Planner:
Bruce Ambo, Planning Manager
Applicant:
City of Half Moon Bay, Case No. PDP-16-16
Location:
Citywide
General Plan/Zoning:
Residential Land Use/R-1, R-2 and R-3 Zoned Properties
BACKGROUND
The purpose of these zoning amendments is to comply with State law regarding Large Family Day
Care, and to reduce constraints in the R-2, Duplex Residential Zone that would allow for more
flexibility in providing affordable housing that is set forth in the General Plan Housing Element.
PDP-16-16, Planning Commission Staff Report
Large Family Day Care and R-2, Duplex Residential Zoning Ordinance Amendments
March 22, 2016
Page 2 of 11
Large Family Day Care
The legislature amended the California Health and Safety Code (Section 1597.465) to expand
upon the definitions of Small Family Day Care for eight (8) or fewer children in a providers
home, and Large Family Day Care for nine (9) to fourteen (14) children in a providers home.
Other licensing regulations for child care permits apply from the California Department of Social
Services, Community Care Licensing Division, and the Fire and Building Code Requirements.
These uses are statutorily allowed in all zoning districts where residential uses are allowed in
California. The current Code conflicts with these State laws by defining Limited Day Care as
applying to six (6) or fewer children, when eight (8) children are statutorily allowed for Small
Family Day Care and nine (9) to fourteen (14) children for Large Family Day Care. These
amendments would correct this conflict and bring the City Code into compliance with State law.
R-2, Duplex Residence Zoning District
The R-2, (Duplex) Zoning District is comprised of 46 acres in the central core area bounded by
Main and Purissima Streets on the east, Highway 1 to the west, Amesport Landing PUD to the
north, and Seymour Street to the south (two lots south of the library on the west side of
Purissima Street between Amesport Landing are also zoned R-2). Most of the streets terminate
at the westerly end at Highway 1. Through access between Main Street and Highway 1 is
provided via Filbert, Poplar, and Seymour Streets. The intersection of Poplar/Highway 1 is
signalized, with Stop signs along Main Street at Poplar, Arnold Way, and Seymour Streets.
Figure 1. R-2 Area Aerial Photo
Figure 2. R-2 Zoning District Map
PDP-16-16, Planning Commission Staff Report
Large Family Day Care and R-2, Duplex Residential Zoning Ordinance Amendments
March 22, 2016
Page 3 of 11
The area is predominately single family residential with a mixture of duplex, and apartment
development interspersed throughout the district as shown in Figure 3 below. Some
offices/stores front Main Street between Poplar and Spruce Streets. A church is located at the
northeast corner of Highway 1 and Magnolia Street. Please note that the land on the north side
of Metzgar Street (between Poplar and Grove Streets) between Main Street and Highway 1 in
Figure 3. classifies the land as “single family,” when a project has been approved for a 12-lot
residential subdivision.1
Figure 3. Existing Land Use Map
R-2 Zone – Purpose and Intent
Chapter 18.06 – “Residential Land Use” specifies the purpose of the residential district
regulations which are intended to:
“provide appropriately located areas for residential development that are consistent
with the local coastal program, land use plan and general plan and with standards of
public health and safety established by the municipal code; ensure adequate light, air,
privacy and open space for each dwelling by establishing reasonable development
standards for the mass, scale and location on a building site for all new residential
1
This project was approved for a maximum of 24 residential units. The historic residential structure (William
Metzgar House, circa 1870) at the northwest corner of Main/Metzgar Streets is to remain. The maximum
allowable development would be 23 new duplex units, or one single family residence per lot (11 new residences)
or a combination of duplex and single family.
PDP-16-16, Planning Commission Staff Report
Large Family Day Care and R-2, Duplex Residential Zoning Ordinance Amendments
March 22, 2016
Page 4 of 11
construction; achieve a high standard of site and building design, and design
compatibility with surrounding neighborhoods; provide for a range of permitted uses
and activities within the various residential districts; and provide sites for public and
semipublic land uses needed to complement residential development or requiring
location in a residential environment.”
General Plan Housing Element
When the City Council adopted the 2015-2023 Housing Element a number of Goals and Programs
were established to guide the City in meeting affordable housing needs. Program 3-1 “Removal of
Constraints” sets forth the need to:
“Continue to assess and update the Zoning Code, Municipal Code, and City procedures to
remove constraints and address changes in state law, particularly regarding housing for
special needs groups, including seniors, the disabled, large families, farmworkers, and the
homeless.”
This policy program of the Housing Element is being addressed through the recommended
ordinance amendments in lieu of a “Resolution of intention by City Council” (per Sec. 18.24.050),
which is an alternative means of initiating Zoning Ordinance amendments. Therefore a “Resolution
of intention by City Council” to amend the ordinance is not necessary.
ANALYSIS
This analysis describes the changes to State law allowing Large Family Day Care in all residential
zones, and includes recommended zoning amendments to bring the current code into compliance
with these regulations. Amendments are recommended to the R-2, Duplex Residential Zone that
would reduce constraints and add flexibility in the duplex regulations that would ultimately promote
the provision of a housing product that is affordable to a broader more affordable market rate
spectrum of the community. Some other minor code clarification changes to Chapter 18.06 “Residential Land Use” are also recommended for clarity in the open space provisions in Section
18.06.040(A) “Specific Development Standards” for “Open Space.” Additionally, the “Land Use
Tables” in Section 18.06.020 would be revised for internal consistency with the “Use Regulations” in
Section 18.06.065.
Large Family Day Care
Small and Large Family Day Care operations have been deemed by the State to be compatible with
residential uses (similar to second dwelling units, supportive and transition housing). The City’s
current regulations are preempted by State law that requires that these uses be permitted in all
residential zones. Local discretion in regulating these facilities is limited. However, several other
regulations apply to these day care providers including fairly rigorous licensing standards
administered by the California Department of Social Services, Community Care Licensing Division
(please see Attachment 3), and Fire and Building Code Requirements.
PDP-16-16, Planning Commission Staff Report
Large Family Day Care and R-2, Duplex Residential Zoning Ordinance Amendments
March 22, 2016
Page 5 of 11
Large Family Day Care Ordinance Amendments
The following ordinance amendments (shown in underline) are recommended for compliance with
the Small and Large Family Day Care regulations set forth is State law:
New Definitions, Chapter 18.02
New definitions that are consistent with State law for Small and Large Family Day Care are proposed
as follows:
Small Family Day Care means a home that regularly provides care, protection, and
supervision for 8 or fewer children in the provider’s own home (including children under
the age of 10 years who reside at the home) for periods of less than 24 hours per day
while the parents or guardians are away.
Large Family Day Care means a home that regularly provides care, protection, and
supervision for 9 to 14 children in the provider’s own home (including children under
the age of 10 years who reside at the home) for periods of less than 24 hours per day
while the parents or guardians are away.
Modified Use Classifications, Chapter 18.03
The Residential Use Classifications for Large Family Day Care and Limited Day Care would be
replaced with the new definitions in Section 18.03.030 as follows:
B. Day Care, Large Family. Nonmedical care and supervision of seven to twelve persons,
inclusive, on a less than twenty-four-hour basis. This classification includes nursery schools,
preschools, and day-care centers for children and adults licensed by the state of California.
Large Family Day Care means a home that regularly provides care, protection, and supervision
for 9 to 14 children in the provider’s own home (including children under the age of 10 years
who reside at the home) for periods of less than 24 hours per day while the parents or
guardians are away.
C. Day Care, Limited. Nonmedical care and supervision of six or fewer persons on a less than
twenty-four-hour basis. This classification includes nursery schools, preschools, and day-care
centers for children and adults licensed by the state of California.
Small Family Day Care means a home that regularly provides care, protection, and supervision
for 8 or fewer children in the provider’s own home (including children under the age of 10 years
who reside at the home) for periods of less than 24 hours per day while the parents or
guardians are away.
PDP-16-16, Planning Commission Staff Report
Large Family Day Care and R-2, Duplex Residential Zoning Ordinance Amendments
March 22, 2016
Page 6 of 11
Changes to Table A-1, Schedule of Residential Uses, Chapter 18.06
Small Family Day Care would be added as an allowable use in all residential zones. The currently
noncompliant provisions for “Limited Day Care” would be deleted, and replaced with the new
defined use of Large Family Day Care as an allowable use in all residential zones as follows:
Table A-1
SCHEDULE OF RESIDENTIAL USES
Residential Uses
Allowed by
Zoning
Single-family
All R Districts
Two-family
R-2, R-3
Multifamily
R-3
Small Family Day Care
All R
Day Care, Limited Large Family Day Care All R
New Subsection “L” in Use Regulations, Chapter 18.06
The only statutorily allowed land use regulations for Large Family Day Care operations are
development standards that apply to spacing and concentration of facilities, parking, traffic
operations in passenger loading/unloading, noise levels, screening of outdoor play areas, and
referencing required compliance with regulations administered by other agencies. The following
development standards are recommended to be added to Section 18.06.025 “Use Regulations” in a
new underlined subsection section “L.” below:
L. Large family day care is allowed incidental to a residential use in all residential zoning
districts subject to a determination by the Community Development Director that the large
family day care conforms to all of the following:
1.
Concentration of Uses. No more than one large family day care shall be permitted
within 300 linear feet of the property line of any existing large family day care.
2.
Parking. On-site parking beyond that required for the residential use shall not be
required.
3.
Passenger Loading. In addition to available on-street loading, a minimum of one
passenger loading space shall be provided on the site during pick-up and drop-off
periods.
4.
Noise. Operation of a large family day care shall conform to the noise limitations of
Municipal Code Chapter 9.23.
5.
Screening of Outdoor Play Areas. A solid fence in conformance with the
requirements of this Chapter shall be provided to screen outdoor play areas located
in the rear yard.
6.
Residency. The operator of a large family day care must be a full-time resident of
the dwelling unit in which the day care is located.
PDP-16-16, Planning Commission Staff Report
Large Family Day Care and R-2, Duplex Residential Zoning Ordinance Amendments
March 22, 2016
Page 7 of 11
7.
Garage. No portion of a garage providing “required” parking shall be utilized for the
day care.
8.
Fire and Building Code Requirements. Large family day care shall conform to the
requirements of the State Fire Marshall.
9.
State and Other Licensing. Large family day care shall be State licensed and
operated according to all applicable State and local regulations.
R-2, Duplex Residence Zone
This R-2, Duplex Zone represents one of the few remaining areas in the community where a higher
density residential product can be built, and that product is likely to be more affordable to a broader
market rate spectrum. The only other multi-family zone is the R-3, Multi-Family Zone (49 acres), that
includes: 1) Main Street R-3 Zone (26 acres) across Main Street to the east that is fully built out, and
2) Kelly Avenue R-3 Zone (23 acres) north of Kelly Avenue (in the general vicinity bounded by Jenna
Lane, and Pilarcitos and Oak Avenues), which is also nearly built out. Combined, the remaining
vacant lots in these R-2 (61 units of realistic capacity) and R-3 (27 units of realistic capacity) zoned
areas allow the City to meet the “Very Low” and “Low” affordable housing requirements of the
Regional Housing Needs Assessment of 83 units (34%) of the required 240 units overall2.
R-2, Duplex Zone Ordinance Amendments
Although existing duplex these lots may theoretically be developable under the current regulations,
it has been quite some time (since 2010) that there has actually been any new duplex development.
Furthermore, a number of single family homes have been built, thus reducing the density by at least
50%. Staff has had numerous conversations with developers interested in R-2 Zone properties that
clearly point to the development standards as a significant constraint in developing R-2 zoned
properties. The most effective way to provide flexibility while still protecting the integrity of the
district is to eliminate the Floor-to-Area (FAR) and modestly increase the allowable multi-story site
coverage from 35% to 40%.
Floor- to-Area Ratio (FAR)
Floor-to-Area Ratio is more commonly applied and a more appropriately used as a tool in regulating
commercial and higher density residential development. In the case of duplex development, the
FAR unnecessarily restricts the floor area to a 0.5 ratio. In application, this means that the minimally
required lot size of 5,000 square feet (SF) has a total maximum allowable floor area of 2,500 SF, or
1,250 SF per duplex unit. A 400 SF two-car garage is required for each unit, yielding a maximum net
floor area per unit of 850 SF, which is fairly limited, especially since the majority of duplexes have at
least 2-bedrooms. Eliminating the FAR restrictions would provide more flexibility to enlarging the
interior living space of the units. Code protections for setbacks, lot coverage, building height,
maximum building envelope, parking, and design review through the Coastal Development Review
process would remain in place.
2
Table 3-3: Comparison of RHNA to Sites Inventory by Zone, 2015-2023 General Plan Housing Element
PDP-16-16, Planning Commission Staff Report
Large Family Day Care and R-2, Duplex Residential Zoning Ordinance Amendments
March 22, 2016
Page 8 of 11
Multi-Story Site Coverage
Single story site coverage for all residential zones 50%. Multi-story site coverage for duplex
development is currently limited to 35%, which is the same requirement for all single family
development. Duplex development is inherently multi-family development, and should be regulated
on a similar basis (Multi-Story Site Coverage for the R-3, Multi-Family Zone is 45%). Furthermore, a
standard 5,000 SF duplex lot would only yield a total maximum allowable Multi-Story Site Coverage
of 35% at 1,750 SF, resulting in 875 SF per unit of site coverage. When the 400 SF two-car garage
requirement per unit is applied, it yields a net usable amount of first floor area (i.e., site coverage) of
475 SF, which is only slightly larger than the garage itself. Please see “Prototypical Multi-Story Site
Coverage” and “Prototypical Multi-Story Duplex Lot Coverage/Area Calculations” below in Table 1.
Therefore, staff is recommending that the maximum Multi-Story Site Coverage be slightly increased
from 35% to 40%. Adjusting the Multi-Family Site Coverage to 40% would provide more flexibility in
designing duplexes that also allow for slightly larger building footprints and first floor areas.
Table 1.
Prototypical Multi-Story Site Coverage
R2 Minimum Lot Size
Multi-Story Lot Coverage at 35%
5,000 SF (minimum lot width of 50’ x 100’ lot depth)
1,750 SF
Prototypical Multi-Story Duplex Lot Coverage/Area Calculations
Lot Coverage Per Unit
2-Car Garage Area
875 SF (1750 SF/2 units = 875 SF/unit)
- 400 SF (2 spaces @ 9’ x 19’ + maneuvering area)
First Floor Coverage Area
= 475 SF per duplex unit
-
The following ordinance amendments are recommended to eliminate the FAR and slightly increase
the Multi-Story Site Coverage to 40%:
Table C
R-2 and R-3 Zoning District Development Standards *
Building Site Characteristic
R-22 (two dwellings on site)
Maximum multi-story site coverage
35%40%
Floor Area Ratio
0.5:1N/A
Note: The full text including all of the other development standards in “Table C, R-2 and R-3 Zoning
District Development Standards” is provided in Attachment 4.
PDP-16-16, Planning Commission Staff Report
Large Family Day Care and R-2, Duplex Residential Zoning Ordinance Amendments
March 22, 2016
Page 9 of 11
Code Clarifications and Reformatting, Chapter 18.06 – Residential Land Use (R-1, R-2, R-3)
Some other minor code clarification changes to Chapter 18.06 - “Residential Land Use” are
recommended for clarity in the open space provisions and in formatting for the Use Tables. Section
18.06.040(A) “Specific Development Standards” for “Open Space” have been amended as follows:
A.
Open Space. Development of multi-family structures in the R-2 district and R-3
district shall include usable open space which is fifteen percent of the floor area per
unit, as follows:
1.
Usable Open Space. Usable open space shall be defined as the sum of
private open space and common open space as defined in this section providing
outdoor or unenclosed area on the ground, or on a balcony, deck, porch or
terrace designed and accessible for outdoor living, recreation, pedestrian access
or landscaping, or any required front, rear, street or side yard, but excluding
parking facilities, driveways, utility or service areas, or any required front or
street side yard and excluding or any land area with a slope in excess of
twenty percent.
2.
Private Open Space. Private open space is open space adjoining and
directly accessible to a dwelling unit, reserved for the exclusive use of residents
of the dwelling unit and their guests, such as patios or screened decks or
balconies. Patios at grade level must have a minimum area of one hundred
twenty square feet, and balconies must have a minimum area of sixty square
feet with no dimension less than six feet, in order to meet a portion of the open
space requirement.
3.Common Open Space. Common open space is open space used commonly by
residents of a building, having a minimum dimension of fifteen feet in any
direction and a minimum area of three hundred square feet. Common open
space includes terraces, courts, nonstreet side yard, rear yards, open patios
and decks, rooftops surrounded by parapet wall or similar structure having a
minimum height of four feet. Common open space shall be open to the sky and
shall not include driveways, pedestrian access to units, or parking areas or area
required for front or street side yards.
Lastly, the reformatting in the “Additional Regulations” column in Tables A-1 “Schedule of
Residential Uses”, A-2 “Schedule of Commercial Uses”, A-3 “Schedule of Public/SemiPublic/Institutional Use”, A-4 “Schedule of Accessory Uses” and A-5 “Schedule of Temporary
Uses” to change the numerical references to correspond to the alphabetical references in the
use provisions in Section 18.06.025 “Use Regulations.” For example, the correct code reference
for the “Additional Regulations” for “Home Occupations” is correctly referenced in Section
18.06.025(F) (underline) added, while the code incorrectly refers to a numeric reference in “6”
PDP-16-16, Planning Commission Staff Report
Large Family Day Care and R-2, Duplex Residential Zoning Ordinance Amendments
March 22, 2016
Page 10 of 11
that does not exist. This amendment appropriately changes these references to the correct
alphabetical code citations. Please see revised alphabetical format changes in Attachment 1 –
Exhibit B. References that tandem parking is allowed have also been included in Section
18.06.050 “Exceptions to Development Standards” in “Table E. Development Standards for
Substandard Lots” and “Table F. Development Standards for Severely Substandard Lots.”
DISCUSSION
It will be necessary to amend the other provisions for Large Family Day Care that are included in
other portions of the Zoning Ordinance (mainly commercial zones). Staff intends to bring these
amendments to the Planning Commission at the next meeting or soon thereafter and combine these
changes with this package of proposed changes. The above analysis of the R-2 development
standards revealed another area of constraint in the parking requirements that is also identified in
the Housing Element. For example, the requirement for a 2-car garage for each duplex unit
substantially contributes to the gross floor area and site coverage on small duplex lots. Staff can
return with further analysis and recommendations for amending the residential parking standards at
a future meeting.
ENVIRONMENTAL REVIEW (CEQA)
An Initial Study/Negative Declaration (IS/ND) was previously prepared for the 2015-2023
Housing Element and circulated for a 30-day public review period that ended on November 24,
2014. The City Council certified the Negative Declaration and adopted the 2015-2023 Housing
Element on March 3, 2015. An addendum to this previous IS/ND has been prepared and a
Findings Analysis (Attachment 2) concludes that:



No substantial changes are proposed in the project which will require major revisions to
the environmental document, and
No substantial changes occurred with respect to the circumstances under which the
project is being undertaking, which will require major revisions to the environmental
document; and
No new information, which was not known and could not have been known at the time
of environmental document was certified as complete, has become available.
RECOMMENDATION/NEXT STEPS
It is recommended that the Planning Commission open the public hearing, accept public comments,
provide Planning Commission comments, and continue this item for formal action with the related
Code changes for Large Family Day Care in commercial zones, and possibly residential parking
standards for duplexes.
PDP-16-16, Planning Commission Staff Report
Large Family Day Care and R-2, Duplex Residential Zoning Ordinance Amendments
March 22, 2016
Page 11 of 11
ATTACHMENTS
1. Proposed Ordinance Amendments: (Exhibit A) Amendments to Chapters 18.02 –
Definitions, and Chapter 18.03 – Residential Use Classifications; (Exhibit B.)
Amendments to Chapter 18.06 – Residential Land Use.
2. CEQA Findings Analysis – Housing Element Initial Study/Negative Declaration Addendum
3. Family Child Care – Licensing Regulation Highlights, California Community Care Licensing
Division (2007).
4. Table C, R-2 and R-3 Zoning District Development Standards
ATTACHMENT 1
Exhibit A
New Definitions, Chapter 18.02
Section 18.02.040 - Definitions
Small Family Day Care means a home that regularly provides care, protection, and supervision
for 8 or fewer children in the provider’s own home (including children under the age of 10 years
who reside at the home) for periods of less than 24 hours per day while the parents or
guardians are away.
Large Family Day Care means a home that regularly provides care, protection, and supervision
for 9 to 14 children in the provider’s own home (including children under the age of 10 years
who reside at the home) for periods of less than 24 hours per day while the parents or
guardians are away.
Modified Use Classifications, Chapter 18.03
Section 18.03.030 – Residential Use Classifications
B. Day Care, Large Family. Nonmedical care and supervision of seven to twelve persons,
inclusive, on a less than twenty-four-hour basis. This classification includes nursery schools,
preschools, and day-care centers for children and adults licensed by the state of California.
Large Family Day Care means a home that regularly provides care, protection, and supervision
for 9 to 14 children in the provider’s own home (including children under the age of 10 years
who reside at the home) for periods of less than 24 hours per day while the parents or
guardians are away.
C. Day Care, Limited. Nonmedical care and supervision of six or fewer persons on a less than
twenty-four-hour basis. This classification includes nursery schools, preschools, and day-care
centers for children and adults licensed by the state of California.
Small Family Day Care means a home that regularly provides care, protection, and supervision
for 8 or fewer children in the provider’s own home (including children under the age of 10 years
who reside at the home) for periods of less than 24 hours per day while the parents or
guardians are away.
Exhibit B
Chapter 18.06
RESIDENTIAL LAND USE (R-1, R-2, R-3)
Sections:
18.06.010
18.06.020
18.06.025
18.06.030
18.06.035
18.06.040
18.06.050
18.06.060
18.06.070
18.06.080
Purpose and intent.
Schedule of uses.
Use regulations.
Residential development standards.
R-1-B-3 development standards.
Specific development standards.
Exceptions to development standards.
Manufactured homes.
Nonconforming structures.
Permits and plan review.
18.06.010 Purpose and intent.
A.
Purpose. The purpose of these residential district regulations is to: provide appropriately
located areas for residential development that are consistent with the local coastal program, land use
plan and general plan and with standards of public health and safety established by the municipal code;
ensure adequate light, air, privacy and open space for each dwelling by establishing reasonable
development standards for the mass, scale and location on a building site for all new residential
construction; achieve a high standard of site and building design, and design compatibility with
surrounding neighborhoods; provide for a range of permitted uses and activities within the various
residential districts; and provide sites for public and semipublic land uses needed to complement
residential development or requiring location in a residential environment.
B.
Intent. The intent of this chapter is to establish the following residential districts and to guide
the orderly development within each district:
1.
Single-Family.
R-1, single-family residential zoning district;
2.
Two-Family.
R-2, two-family residential zoning district;
3.
Multifamily.
R-3, multifamily residential zoning district.
(Ord. 5-00 §2 Exh. B (part), 2000).
18.06.020 Schedule of uses.
Tables A-1 through A-5, schedules of uses, of this chapter establish the uses permitted within each
residential district. Certain uses are permitted as a matter of right, subject to the provisions of this
title. Other uses, by their nature, require the approval of a use permit. Some uses are subject to the
use regulations set forth in Section 18.06.025 of this chapter. Any use not expressly permitted is
expressly prohibited. (Ord. 5-00 §2 Exh. B (part), 2000).
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
Table A-1
SCHEDULE OF RESIDENTIAL USES
Residential Uses
Single-family
Allowed by Zoning
With a
Use Permit
Additional
Regulations
All R Districts
Two-family
R-2, R-3
Multifamily
R-3
Small Family Day Care
All R
Day care, limited Large Family
Day Care
All R
3L
Residential care, limited
All R
3
Animal, exotic
R-1
Animal, large
R-1
Animal, small
All R
Domestic fowl
R-1, R-2
1, 2A, B
1, 2A, B
R-1, R-2
1, 2A, B
Table A-2
SCHEDULE OF COMMERCIAL USES
With a
Use Permit
Additional
Regulations
6F
Commercial Uses
Home occupations
Allowed by Zoning
All R
Agriculture/ horticulture
All R
5E
Parking for adjacent business
All R
7G
R-1, R-2
8H
Swimming schools
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
Table A-3
SCHEDULE OF PUBLIC/SEMI-PUBLIC/INSTITUTIONAL USES
Public/Semi-Public/ Institutional
Uses
Convalescence facilities
Allowed by Zoning
Day care, general
Residential care, general
Schools, public
With a
Use Permit
R-3
Additional
Regulations
4D
R-2, R-3
4D
R-3
4D
All R
Schools, private
All R
Golf courses
All R
Libraries
All R
Public parks
All R
Private recreation facilities
Public safety
All R
All R
Religious assembly
All R
Utilities, major
All R
Utilities, minor
All R
Table A-4
SCHEDULE OF ACCESSORY USES
Accessory Uses
Second dwelling units
Allowed by Zoning
All R
With a
Use Permit
Additional
Regulations
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
Table A-5
SCHEDULE OF TEMPORARY USES
Temporary Uses
Commercial filming
Allowed by Zoning
All R
With a
Use Permit
Additional
Regulations
9I
Construction trailer
All R
11L
Personal property/ garage sales
All R
10J
New subdivision sales office
All R
(Ord. C-15-10 §1(Exh. A(part)), 2010; Ord. 5-00 §2 Exh. B (part), 2000).
18.06.025 Use regulations.
Additional regulations for permitted uses in each residential district shall be met for the following uses:
A.
Animals. In addition to the definitions and classifications of this subsection, all animals are
subject to subsection B of this section, animal maintenance regulations. Animals which are not in
compliance with animal maintenance regulations may be kept only upon such terms and conditions and
for such time as may be prescribed by the planning commission in conjunction with the approval of a
use permit.
1.
Animal, Exotic. “Exotic animal” means any wild animal not customarily confined or
cultivated by man for domestic or commercial purposes but kept as a pet or for display.
2.
Animal, Large. “Large animal” means an animal larger than the largest breed of dogs.
This term includes boars, cows, goats, horses, llamas, mules, domestic pigs, sheep, and other
animals customarily kept in corrals or stables.
3.
Animal, Small. “Small animal” means small domestic animals of the type customarily kept
as household pets, including birds other than domestic fowl, cats, chinchillas, dogs, miniature pigs,
small reptiles, rodents, and other similar animals no larger than the largest breed of dogs. No
more than three small animals may be kept outside on any site in a residential district with less than
five thousand square feet. A maximum of four small animals may be kept at any site in any
residential district with a minimum of five thousand square feet. Five or more small animals may
be permitted in the R-1 and R-2 districts upon securing a use permit in each case.
4.
“Domestic fowl” means chickens, ducks, geese, pea fowl, pigeons, turkeys and other fowl
typically used for food or food products, which may create a disturbance to the peace within
residential districts. A maximum of two domestic fowl may be permitted in the R-1 and R-2
districts at any one time. Three or more domestic fowl are permitted in an R-1 district upon
securing a use permit in each case. Domestic fowl are prohibited in the R-3 district.
5.
Animal, Young.
6.
Roosters.
“Young animal” means any animal under the age of four months.
Roosters are strictly prohibited in all residential districts.
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
B.
Animal Maintenance Regulations. In addition to the additional regulations set forth in
subsection A of this section, the maintenance of permitted animals and pets shall be in compliance with
the following regulations:
1.
Caged or Housed Within Residence. Except as may be approved as a part of a use permit,
or in conjunction with a recognized agriculture or animal husbandry educational program, including
any similar program such as those for police dogs or guide dogs for the blind or hearing impaired,
no animal other than small animals such as household pets shall be caged or housed within a
residence, or within twenty feet of the residence or adjacent residences, or within twenty feet of a
required front yard or within sixty feet of the front lot line. No animal housing or caging shall be
maintained closer than ten feet to any adjoining property line, nor should any such housing or cage
be visible from adjacent public or private property.
2.
Open Space Requirement. The maximum number of animals permitted on a property shall
be determined by the amount of open space area on the lot. For purposes of this section, open
space shall be defined as the sum total of the site less any coverage for the main and accessory
buildings. Calculation of the total open space required shall be cumulative, based upon the
number of animals. Young animals can be excluded when determining the open space
requirements, if the number of such animals is not three times the number of permitted animals at
any one time. The minimum amount of open space devoted to the keeping of animals other than
small animals such as household pets shall be five thousand square feet. The following additional
open space area requirements shall apply:
a.
Additional Small Animals.
hundred square feet;
For each additional small animal or domestic fowl:
b.
Additional Large Animals.
For each large animal:
c.
Additional Exotic Animals.
For each exotic animal:
five
two thousand square feet;
determined by use permit.
3.
Adequate and Sanitary. Housing or caging of animals shall be adequate and sanitary, and
all animals shall be kept in a manner approved by the county health officer.
4.
Rodent-Proof Storage. All animal food stored outside, except hay and straw, shall be
stored in rodent-proof containers.
5.
Animal Slaughter. The slaughter of small animals raised on the site, such as poultry and
rabbits, is permitted only where intended for consumption by the resident family.
6.
Large Animal Use Permit Waived. A large animal as defined in this chapter may be
maintained in an R-1 district without the requirement for a use permit under the following
circumstances:
a.
Animal Husbandry Program. Participation in a recognized agriculture or animal
husbandry educational program, including similar programs such as those for police dogs or
guide dogs for the blind or hearing impaired is required.
b.
Maximum of One. A maximum of one large animal shall be permitted and only during
the time of active participation in the program. In the event more than one large animal is
proposed per resident, a use permit shall be required.
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
c.
Resolve Complaint. That in the event complaints are received from adjoining or nearby
residents, the participant(s) shall make every attempt to resolve the conflict resulting in the
complaint.
d.
Referred to Planning Commission. In the event the issue cannot be resolved to the
satisfaction of the complaining party, either the animal(s) shall be removed or the matter shall
be referred to the planning commission for resolution on a “no fee” basis. Prior to
consideration by the planning commission, the community development director shall notify
the complaining party and the animal owner(s) of the time, date and place of the planning
commission meeting at which the issue will be discussed. The decision of the planning
commission shall be final unless appealed to the city council.
C.
Day Care, Limited, and Residential Care, Limited.
1.
Six or Fewer.
fewer persons.
D.
As defined in this title, these uses are limited to non-medical care for six or
Convalescence Facilities and Day Care, General.
1.
Use Permit. A use permit shall be required prior to the establishment of any new or
expanded convalescence facility or general day care business in the R-2 and R-3 districts.
2.
Plans Reviewed. Plans shall be reviewed, and/or facilities inspected by the Half Moon Bay
fire protection district prior to review by the city.
3.
Permits. All required city, county, or state permits or licenses must be obtained by the
applicant prior to the issuance of permits to establish the use.
4.
Vehicle Control. Plans shall include controls for vehicle circulation, drop-off and pick up,
and employee parking to ensure compatibility with the residential environment.
E.
Agriculture/Horticulture. Commercial agriculture shall be limited to any site within any
residential district with five acres or more of land; retail sales shall be allowed only if specifically
addressed as a part of an approved use permit. Nurseries and greenhouses shall be used only for
propagating and cultivating of plants and cut flowers; provided, that no retail sales shall be allowed, and
the site shall be a minimum of one acre.
F.
Home Occupations.
with the following:
Home occupations are permitted in all residential districts and shall comply
1.
Resident Only. No one other than a resident of the dwelling shall be employed on site or
report to work at the site of a home occupation. This prohibition also applies to independent
contractors.
2.
No Inconsistent Activity. There shall be no interior or exterior activity related to the home
occupation inconsistent with or interfering with residential use of the property or detrimental to
property in the vicinity.
3.
Entirely Within. A home occupation shall be conducted entirely within a building, either
the main residence or an accessory building, and shall occupy no more than five hundred square
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
feet of floor area. No outdoor storage of materials or supplies shall be permitted in conjunction
with the home occupation.
4.
No Visibility. The existence of a home occupation shall not be apparent beyond the
boundaries of the site, and no home occupation shall involve the use of a sign, nor the display of
products visible from the street.
5.
No On-site Retail. The home occupation shall not involve on-site retail business, interior or
exterior alterations, nor construction features not normally found in dwellings.
6.
No Traffic. A home occupation shall not create pedestrian, automobile, or truck traffic
detrimental to property in the vicinity.
7.
Submittal Required. Prior to the issuance of a business license for a home occupation, the
applicant shall submit to the community development director a written description of the
operational characteristics of the proposed home occupation. The community development
director shall determine that the proposed home occupation complies with the requirements of this
section. Decisions of the community development director may be appealed to the planning
commission by the applicant or by any interested party.
8.
Complaints. In the event a complaint is received regarding a home occupation, the
community development director shall refer the issue to the planning commission to review the
operational characteristics of the use. Both the complaining party and the operator of the home
occupation shall be notified of the time, place, and date of the planning commission meeting. In
the event it is determined that the home occupation is detrimental to the neighborhood, the
planning commission may impose any conditions necessary to maintain consistency with the
provisions of this chapter.
G.
Parking Areas. Surfaced parking areas to support commercial uses adjacent to residential
districts may be approved by use permit. Any such support parking area shall be subject to review by
the architectural review committee prior to consideration by the planning commission of a use permit
application.
H.
Swimming Schools. Swimming schools may be approved by use permit in R-1 and R-2 districts
on sites having a minimum of six thousand square feet.
I.
Commercial Filming. Commercial filming is permitted in all residential districts upon securing all
necessary permits and licenses required by this code.
J.
Personal Property Sales. Personal property sales such as garage sales are limited to a maximum
of three weekends per calendar year for each site in the R-1 districts and per dwelling unit in the R-2 and
R-3 districts.
K.
Construction Trailer. For purposes of this section, a construction trailer is defined as a mobile or
temporary office facility for the use of the contractor during the construction of a residential structure
or structures. The construction trailer shall be removed from the site within ten days of issuance of a
certificate of occupancy or the final building inspection, whichever occurs first. The construction trailer
may be converted to a sales office upon approval of a use permit in each case. (Ord. C-2015-04
§1(part), 2015; Ord. C-2014-12 §1, 2014; Ord. C-2014-05 §1, 2014; Ord. 5-00 §2 Exh. B (part), 2000).
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
L. Large family day care is allowed incidental to a residential use in all residential zoning
districts subject
to a determination by the Community Development Director that the large family day care conforms to all of
the following:
1.
Concentration of Uses. No more than one large family day care shall be permitted within
300 linear feet of the property line of any existing large family day care.
2.
Parking. On-site parking beyond that required for the residential use shall not be required.
3.
Passenger Loading. In addition to available on-street loading, a minimum of one
passenger loading space shall be provided on the site during pick-up and drop-off periods.
4.
Noise. Operation of a large family day care shall conform to the noise limitations of
Municipal Code Chapter 9.23.
5.
Screening of Outdoor Play Areas. A solid fence in conformance with the requirements of
this Chapter shall be provided to screen outdoor play areas located in the rear yard.
6.
Residency. The operator of a large family day care must be a full-time resident of the
dwelling unit in which the day care is located.
7.
Garage. No portion of a garage providing “required” parking shall be utilized for the day
care.
8.
Fire and Building Code Requirements.
requirements of the State Fire Marshall.
9.
State and Other Licensing. Large family day care shall be State licensed and operated
according to all applicable State and local regulations.
Large family day care shall conform to the
18.06.030 Residential development standards.
Table B of this chapter provides the schedule of development standards for all R-1 districts. Table C
provides the schedule of development standards for R-2 and R-3 districts. These standards are to be
observed in conjunction with Section 18.06.040. Specific development regulations, for all
development in residential districts.
Table B
R-1 ZONING DISTRICT DEVELOPMENT STANDARDS
Building Site Characteristics
R-1
R-1--B1
R-1--B2
Minimum site area (square feet)
5,000
6,000
7,500
Minimum average site width
50'
60'
75'
Minimum front setback
20'
25'
25'
Minimum side setback
5'
5'
6'
Minimum street facing side setback
15'
15'
15'
Combined minimum side setback1
20%
20%
20%
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
Building Site Characteristics
1
R-1
R-1--B1
R-1--B2
Rear, minimum setback
20'
20'
20'
Single-story, maximum height
20'
20'
20'
Multi-story, maximum height
28'
28'
28'
Maximum single-story site coverage
50%
50%
50%
Maximum multi-story site coverage
35%
35%
35%
Floor area ratio
0.5:1
0.5:1
0.5:1
Parking garage spaces
2
2
2
Usable open space per unit
N/A
N/A
N/A
Combined side yards equal or exceed twenty percent of average site width.
Table C
R-2 AND R-3 ZONING DISTRICT DEVELOPMENT STANDARDS
R-21
Building Site Characteristic
R-22
R-3
Maximum allowed density
17.42 dwelling units per acre
29.04 dwelling
units per acre
Minimum required density
10.00 dwelling units per acre
15.00 dwelling
units per acre
Minimum site area per unit (square feet)
5,000
2,500
1,500
Maximum site area
N/A
N/A
N/A
Minimum site area (square feet)
5,000
5,000
5,000
Minimum average site width
28.5'
50'
75'
Minimum front setback
20'
20'
20'
Minimum side setback
5'
5'
5'
Minimum street facing side setback
10'
10'
10'
Combined minimum side setback
20%
20%
20%
Rear minimum setback
20'
20'
20'
Single-story maximum height
20'
20'
20'
Multi-story maximum height
28'
28'
40'
Maximum single-story site coverage
50%
50%
50%
Maximum multi-story site coverage
35%
35%40%
45%
Floor area ratio
0.5:1
0.5:1N/A
N/A
Usable open space per unit
N/A
15%
15%
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
1
For single-family residences on a site.
For two dwellings on a site.
(Ord. C-2014-10 §4(A), 2014; Ord. C-15-10 §1(Exh. A(part)), 2010; Ord. 5-00 §2 Exh. B (part), 2000).
2
18.06.035 R-1-B-3 development standards.
The following development standards shall apply in the R-1-B-3 district:
A.
Uses permitted shall be those specified in Section 18.06.020.
B.
Additional regulations shall be those specified in Section 18.06.025.
C.
Except as set forth in subsection D of this section, development standards shall be as specified for
the R-1 district in Section 18.06.030 and as generally applicable in Sections 18.06.040 through 18.06.080.
D.
Notwithstanding subsection C of this section, the standards set forth in Table B-2 shall apply:
Table B-2:
Average
Minimum
Width
Minimum Lot Size
10,000 sq. ft.
R-1-B-3 ZONING DISTRICT DEVELOPMENT STANDARDS
90 ft.
(Ord. C-2013-08 §2, 2013:
Front Yard
Setback
25 ft.
Rear Yard
Setback
Side Yard Setback
20% of width of lot; 5
ft. min. on each side
20 ft.
Ord. C-2013-01 §2, 2013).
18.06.040 Specific development standards.
In conjunction with the specific development standards set forth in Tables B and C of this chapter, the
following specific development regulations shall apply:
A.
Open Space. Development of multi-family structures in the R-2 district and R-3 district shall
include usable open space which is fifteen percent of the floor area per unit, as follows:
1.
Usable Open Space. Usable open space shall be defined as the sum of private open space
and common open space as defined in this section providing outdoor or unenclosed area on the
ground, or on a balcony, deck, porch or terrace designed and accessible for outdoor living,
recreation, pedestrian access or landscaping, or any required front, rear or side yard, but excluding
parking facilities, driveways, utility or service areas, or any required front or street side yard and
excluding or any land area with a slope in excess of twenty percent.
2.
Private Open Space. Private open space is open space adjoining and directly accessible to a
dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests, such
as patios or screened decks or balconies. Patios at grade level must have a minimum area of one
hundred twenty square feet, and balconies must have a minimum area of sixty square feet with no
dimension less than six feet, in order to meet a portion of the open space requirement.
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
3.
Common Open Space. Common open space is open space used commonly by residents of
a building, having a minimum dimension of fifteen feet in any direction and a minimum area of
three hundred square feet. Common open space includes terraces, courts, nonstreet side yards,
rear yards, open patios and decks, rooftops surrounded by parapet wall or similar structure having a
minimum height of four feet. Common open space shall be open to the sky and shall not include
driveways, pedestrian access to units, or parking areas or area required for front or street side
yards.
B.
Landscaping.
1.
Guideline Conformance. All planting areas, plant materials, and irrigation shall conform
with guidelines in the city’s current water-efficient landscaping program.
2.
Landscape Plan. A landscaping plan is required for all new multi-family residences, and
shall be in conformance with design criteria contained in this title and the city’s current
water-efficient landscaping program.
3.
No Impediments. No landscaping may impede, block, obstruct, or otherwise be allowed to
grow over a public sidewalk or other form of public or private access way such as a street, sidewalk
or road. Trees and shrubs shall be maintained in such a manner as to provide a minimum clear
distance between any public or private sidewalk, street, road or right-of-way and the lowest foliage.
4.
Sight Distance. Within the sight distance area of any corner, as defined herein, trees must
be pruned to allow a nine-foot clearance between natural grade and the lowest foliage, and shrubs
must be trimmed to a maximum height of three feet.
a.
Sight Distance Area. A triangular area measured from the corner property marker or
the apex of the radius of the curve, to two points located twenty-five feet back along the front
and side property lines and completed by the diagonal connecting these two points. The
volume of space between three feet and nine feet above this triangular area is to be kept clear
to allow safe vehicular movements at the street intersection. During review of new
development on corner lots, this sight distance area can be increased for streets, upon a finding
that the increased sight distance is required for safety at the intersection made during the
review of the discretionary permit(s) for the project.
C.
Height of Fences, Walls, Gates and Hedges. The height of a fence, wall or hedge shall be
measured vertically from the natural or finished existing grade, whichever is lower, at the base of the
fence, wall or hedge to the top of the fence, wall or hedge above that grade. The following specific
criteria shall apply in all residential districts:
1.
Driveway Gates. Decorative gates may extend up to one foot higher than the fence height
permitted in that location.
2.
Maximum Height.
The maximum height of a solid fence, wall or hedge shall be as follows:
a.
Front Limited Height. Fences, walls, and hedges located within a required front yard
setback area or within the site distance area as defined herein shall be limited to a maximum
height of three feet.
b.
Rear Limited Height. Fences, walls, and hedges located to the rear of the required
front yard setback area shall be limited to a maximum height of six feet, unless this area is also
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
within the site distance area as defined herein, in which case the maximum height shall not
exceed three feet in the site distance area.
c.
Trellis or Rails. An additional one foot of fence or wall height is permitted on front
yard, rear yard and interior side yard fences, only if the added fencing has openings comprising
at least fifty percent of the added area (such as lath trellis or rails).
d.
Retaining Wall Fence. Where a retaining wall protects a cut below existing grade or
contains a fill above the existing grade and is located on the line separating lots, such retaining
wall may be topped by a fence, wall or hedge with the maximum total height not to exceed six
feet.
D.
Off-Street Parking. Off-street parking shall be provided for all uses within a residential district
in accordance with the following minimum requirements:
1.
Parking Spaces.
Parking spaces shall conform to the following sizes:
Table D
PARKING SPACE SIZE
Type of Space
Dimensions
Standard
9' x 19' clear
Parallel
10' x 22' clear
2.
Access Aisles. Parking areas shall provide adequate aisles for all vehicle turning and
maneuvering, and conform to the following parking standards:
Table E
PARKING STANDARDS
Parking Angle
Circulation
Aisle Width
0 degree
one-way
12 feet
0 degree
two-way
24 feet
85 -- 90 degree
one-way
22 feet
85 -- 90 degree
two-way
25 feet
30 -- 45 degree
one-way
14 feet
50 -- 55 degree
one-way
16 feet
60 degree
one-way
18 feet
65 -- 80 degree
two-way
20 -- 23 feet
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
3.
Street Right-of-Way. No parking area shall be designed so that vehicular maneuvering on or
backing up into public or private street right-of-way is necessary. This regulation shall not apply to
driveways in R-1 and R-2 districts or to projects with two or fewer units in the R-3 district.
4.
Location. Required garage spaces shall not be located within the front yard setback, but
open, uncovered parking spaces may be located within the side or rear yards.
5.
Multifamily Residential. At least one of the two required tenant parking spaces for each
unit shall be enclosed within a garage. The second required tenant parking space shall be covered
by a carport, at a minimum. Guest parking spaces may be uncovered.
6.
Carports. Any carport or open parking area for five or more cars serving a residential use
shall be screened by a solid wall or fence six feet in height, except that the height of a wall or fence
adjoining a required front yard shall be not less than two feet or more than three feet.
7.
Garages. Garages shall provide adequate interior area for standard parking spaces.
Garage door openings shall have a minimum height of seven feet and shall be covered by a solid or
sectional overhead door which shall be constructed of durable material approved by the Building
Department, and painted, stained or treated to be harmonious with the exterior of the residential
structure. All required garages shall be kept free, clear, and accessible for the parking of a vehicle
or vehicles at all times.
E.
Driveways. Visibility of a driveway crossing a street property line shall not be blocked between
a height of three feet and nine feet for a depth of five feet from the street property line as viewed from
the edge of the right-of-way on either side of the driveway at a distance of fifty feet or at the nearest
property line intersection with the street property line, whichever is less.
1.
Semi-Circular. Semi-circular driveways are permitted on lots with widths of seventy-five
feet or more, if no more than fifty percent of the front setback area is to be paved, and if visible
landscaping is to be installed between the driveway and the sidewalk.
2.
Minimum Widths. On building sites in the R-1 district and R-2 district, driveways leading to
two-car garages shall have a minimum width of eighteen feet for two-car garages and nine feet for
single car garages, and a minimum depth of eighteen feet for roll-up doors and twenty feet for
pull-up doors, with a corresponding width of the opening into the garage. Driveways leading to a
detached or attached garage in the rear yard shall provide the same dimensions adjacent to the
garage, but may be reduced to a minimum width of ten feet in required setback areas.
F.
Underground Utilities. All new electrical, telephone, cable TV and similar distribution lines
providing direct service to a residential development site, and any such service existing on the site, shall
be installed underground within the site unless such installation is deemed unfeasible.
G.
Maximum Building Envelope. The maximum building envelope shall apply to all residential
development within any residential zone. The maximum building envelope under which all structures
in residential zones must fit is defined as follows: a plane that begins at ten feet above the side
property lines and extends into the property at a forty-five-degree angle and sixteen feet above the
front and rear setback line and extends into the property at a sixty-degree angle. The following
features may breach the maximum building envelope as defined in this subsection:
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
1.
Dormers or gables may extend beyond the building envelope; provided, that the
combination of all of these features on one development site measures no more than fifteen
horizontal feet at the intersection of the building envelope on any side yard building envelope, and
the total overall height of the encroaching features does not exceed the maximum allowed building
height. (Ord. C-8-11 §2(A), 2011; Ord. C-15-010 §1(Exh. A(part)), 2010; Ord. 5-00 §2 Exh. B (part),
2000).
18.06.050 Exceptions to development standards.
A.
Exceptions to Height Standard.
1.
Chimneys. Chimneys may only exceed the maximum height limit of each residential district
to the extent required by the California Building Code.
2.
Architectural Features. Towers, spires, cupolas, elevator penthouses or similar
architectural features, and mechanical appurtenances shall conform to the maximum height limit of
each residential district.
3.
Exceptions. In addition to the findings for a variance as set forth in this title, the planning
commission may approve an exception to allow a structure to exceed the maximum building height
set forth for each residential district in Tables B and C of this chapter. Review of the application by
the architectural review committee and planning commission shall include an evaluation of the
proposed bulk of the structure including both horizontal and vertical dimensions, the location of the
structure on the lot, and the treatment of all setback and open areas, and light planes. The
following additional findings of approval shall be made:
a.
Increased Building Height. That the increased building height will result in more public
visual open space and views than if the building(s) were in compliance with the maximum
building height standard for the residential district;
b.
More Desirable Result. That the increased building height will result in a more
desirable architectural treatment of the building(s) and a stronger and more appealing visual
character of the area than if the maximum building height standard were complied with;
c.
No Undesirable Results. That the increased building height will not result in
undesirable or abrupt scale relationships being created between the structures and existing
developments in the district;
d.
No More Floor Area. That the structures shall have no more floor area than could have
been achieved without the exception.
B.
Exceptions to Maximum Floor Area Ratio Standard. In addition to the findings for a variance as
set forth in this title, the planning commission may approve an exception to the floor area ratio
standards subject to the following additional findings in each case:
1.
Predominant Pattern Retained. The visual scale and bulk of the proposed structure is
consistent with the predominant pattern established by the existing structures in the surrounding
neighborhood;
2.
Site Compatible.
the site;
The proposed structure is compatible with the physical characteristics of
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
3.
Views Not Impacted. The additional square footage of the proposed structure will not
impact public or private views across the site;
4.
Solar Access Protected.
structures.
The additional floor area shall not impact solar access for adjacent
C.
Exceptions to Lot Coverage Standard. The area of walks, patios, in-ground swimming pools or
pools that do not project more than thirty inches above the ground, uncovered decks thirty inches or
less above the ground, and eaves projecting thirty inches or less from the exterior surface of a building
wall shall not be included in lot coverage calculations.
D.
Exceptions to Setback Standards.
1.
Detached Accessory Structures.
a.
Detached accessory structures not exceeding two hundred fifty square feet in floor area
and not exceeding eight feet in overall height may be located within the required rear yard
setback of a site but shall be no closer than five feet to the rear property line or five feet to the
side property line.
b.
Detached accessory structures exceeding two hundred fifty square feet in floor area and
exceeding twelve feet in overall height may be located within the required rear yard setback of
a site but shall be no closer than ten feet to the rear property line or five feet to the side
property line; provided, that it does not encroach into the maximum building envelope.
c.
Detached accessory structures shall conform to all applicable requirements of the
California Building Code.
2.
Attached Structures and Features. The aggregate length of all bay windows, balconies,
canopies, chimneys, covered porches and decorative features attached to a structure may project
into a required yard or setback area across no more than twenty percent of the buildable width of
the lot along a rear building wall, and twenty percent of the buildable length of a street-side
building wall. The area defined by the permitted encroachment and the aggregate permitted
length is the maximum projection area.
a.
Enclosed Porches and Solariums. If attached to the first floor of a residence, may
extend into the rear yard setback across twenty percent of the lot width, but shall provide a
minimum rear yard setback of thirteen feet, and provide the required side yard setbacks set
forth in Tables B and C of this chapter. Enclosed porches and solariums shall not exceed a
maximum height of nine feet in the required setback area. Solariums, porch and deck covers
added on upper floors may not encroach into required rear and side setbacks. The area
covered by enclosed accessory structures shall be included in lot coverage calculations.
b.
Balconies. Balconies on the second floor or above may project a maximum of thirty
inches into either the required front or rear setback. Balconies or second floor decks
encroaching into required front or rear yard setbacks shall have open railings, glass or
architectural details with openings to reduce visible bulk; balconies composed solely of solid
enclosures are not allowed to project into required yards. That portion of a balcony which
projects into a setback area shall not be covered.
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
3.
Patio Covers. Patio covers of open roof trellis design only, attached to the main structure,
may be located in the required rear yards, but must provide a minimum of five feet for a rear yard
setback and a side yard setback equal to the required side yard of the underlying zoning district.
4.
Eaves, Cornices, Canopies, Awnings and Mechanical Equipment. These features may
project a maximum of thirty inches into the required yards; provided, that a minimum clearance of
three feet remains.
5.
Planter Boxes and Other Decorative Features. Decorative features attached to the walls of
a structure may encroach a maximum of twelve inches into any required setback area.
6.
Bay Window Encroachment. Bay windows providing floor area (i.e., extending from the
finished floor upward) may not encroach into required setbacks, and are included In lot coverage
calculations.
7.
Bay Window Calculations. Bay windows having a minimum of eighteen inches of clear
space above finished grade that do not provide floor area and do not project beyond the eaves are
not included in lot coverage calculations. Bay windows that provide a minimum of eighteen inches
of clear space above grade and that do not provide floor area may encroach a maximum of thirty
inches into required front and rear yard setbacks, and a maximum of twelve inches into any
required side yard setback.
E.
Development Standards for Exceptional, Substandard and Severely Substandard Lots. This
section sets forth standards for development on substandard or severely substandard lots, which are
defined in the zoning code definitions in Section 18.02.040.
1.
Exceptional lots shall be subject to the R-1 development standards set forth in Table B of this
chapter, unless otherwise specified.
2.
Development on substandard or severely substandard lots, other than exceptional lots, shall
meet all standards set forth in Tables E and F of this chapter, respectively, unless otherwise
specified. Project design review pursuant to Chapter 14.37 is required for all development,
including additions and accessory structures, on any substandard or severely substandard lot or
building site except as provided in subsection (E)(3) of this section.
3.
Coastal Act Consistency. The exception to development standards for substandard, severely
substandard, and exceptional lots set forth in this subsection shall only be applied in full conformity with
coastal development permitting requirements pursuant to Sections 30600 and 30610 of the Coastal Act
and Title 14 Sections 13250, 13252, and 13253 of the California Code of Regulations and Sections
18.20.025 and 18.20.030 of the zoning code.
Table E
DEVELOPMENT STANDARDS FOR SUBSTANDARD LOTS
Lot coverage
Standard for the zone
Floor area ratio
Standard for the zone. Basements with floor area of 15%
or less of the total calculated FAR, up to a maximum of 225
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
square feet, may be allowed subject to architectural review.
Maximum building envelope
Applicable
Required parking
Two spaces: one garage space with dimensional standards
as set forth in this chapter, and one covered space not
located in the front yard setback. Tandem parking is
allowed.
Front setback
Standard for the zone
Side setback
Standard for the zone
Rear setback
Standard for the zone
Street-facing side yard setback
Standard for the zone
Height
28 feet for two-story
20 feet for single-story, including single-story and loft1
1
Single-story structures with height above twenty feet are required to follow the procedures for
exemption to the height standards set forth in this chapter.
Table F
DEVELOPMENT STANDARDS FOR SEVERELY SUBSTANDARD LOTS
Lot coverage
Standard for the zone
Floor area ratio
Standard for the zone. A maximum of 200 square feet
above the maximum calculated floor area ratio is permitted.
Basements with floor area of 15% or less of the total
calculated FAR, up to a maximum of 225 square feet, may
be allowed subject to architectural review.
Maximum building envelope
Applicable.
Required parking
Two spaces: one garage space with dimensions as set
forth in this chapter. One additional parking space,
whether covered or not, and not located within the front
yard setback. Tandem parking is allowed.
Front setback
Standard for the zone.
Side setback
A minimum of 8 feet combined, with a minimum of 3 feet
on one side. On a side that contains less than a 4-foot
setback, the structure must be separated by a minimum of 8
feet from any structure on the adjacent lot. Driveways to
the rear garage structure must be a minimum of 10 feet.
Rear garages can be a minimum of 3 feet from an interior
side or rear property line.
Eave overhangs
Notwithstanding any other rules set forth in this title,
severely substandard lots may have an eave encroachment
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
that extends no more than 18 inches into the side yard.
All other yards may have a 30-inch encroachment.
Rear setback
Standard for the zone.
Street-facing side yard setback
10 feet, including garage.
Height
28 feet for two-story
20 feet for single-story, including single-story and loft1
1
Single-story structures with height above twenty feet are required to follow the procedures for
exception to the height standards set forth in this chapter.
F.
Exceptions for Affordable Housing. Any of the development standards and regulations of this
chapter may be waived or relaxed by the planning commission for an affordable housing project if the
resulting development fully conforms with the policies of the certified land use plan and all other
applicable provisions of the zoning code outside this chapter.
G.
Exceptions for Senior and Housing for Disabled Persons Projects. Any of the development
standards and regulations of this chapter may be waived or relaxed by the planning commission for a
single-family, multifamily, or single-room occupancy housing project restricted to occupancy by senior
citizens or disabled persons if the resulting development fully conforms with the policies of the certified
land use plan and all other applicable provisions of the zoning code outside this chapter.
H.
Exceptions for Large Rental Units. Affordable or market-rate multifamily rental projects that
include twenty-five percent or more units with at least three bedrooms shall be eligible for the following
exceptions:
1.
A ten percent density bonus, based on the maximum allowed density of the site pursuant to
the Zoning Code. The density bonus shall be rounded to the nearest whole number. This density
bonus is not in addition to any other density bonus for which the project may be eligible.
2.
Reductions in development standards consistent with the applicable provisions of subsection
G of this section and Chapter 18.42.
3.
If a market-rate project is not eligible for any reductions or waivers in development
standards pursuant to subsection G of this section or Chapter 18.42, the project may receive one of
the following incentives: (a) a ten percent reduction in front, side, and rear yard setback
requirements, (b) a ten percent increase in maximum height, or (c) a four percent increase in
maximum site coverage.
I.
Exceptions for Minor Improvements for Disabled Access. Exceptions to the city’s development
requirements, including standards and regulations of this code, may be waived or relaxed by the
community development director for minor improvements to buildings to reasonably accommodate
access needs for disabled persons.
1.
Procedure. Exceptions to existing development standards may be granted by the
community development director, upon making all of the findings outlined below.
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
a.
The request for an exception shall be submitted on an application form provided by the
planning department and shall include the following information:
i.
A site plan and elevations.
ii.
Basis for the claim that the individual is considered disabled.
iii.
The municipal code provision, zoning ordinance provision, or other regulation or
policy from which the exception(s) is requested.
iv.
Additional supporting information as may be required by the community
development director to provide sufficient understanding of the request and compliance
with development standards.
b.
No public notice or hearing is required.
c.
Exceptions shall be granted subject to the following restrictions:
i.
Improvements shall be restricted to those necessary for enhanced access for disabled
persons, including but not limited to, access ramps, widening of hallways, or expansion of
bathrooms or closets.
ii.
Exceptions to development regulations shall be limited to any, or all, of the following,
over the life of each structure:
aa.
Paved area coverage not greater than two hundred fifty square feet in excess of
allowable limits for the site; and/or
bb.
Floor area not greater than one hundred fifty square feet in excess of allowable
limits for the site; and/or
cc.
Encroachment into setbacks not greater than ten percent of the allowable setback
width; and/or
dd.
Increased maximum building size for a main residence or primary building not to
exceed one hundred fifty square feet in excess of the allowable maximum for the site.
2.
Findings. The community development director shall make all of the following findings in
order to grant an exception for minor improvements for disabled access:
a.
The proposed exception(s) are necessary to provide for access by a person with a
disability as defined by the Federal Fair Housing Act or the California Fair Employment and
Housing Act (the Acts).
b.
The house or building will be used by an individual with a disability protected under the
Acts.
c.
The exception(s) is necessary to make a specific home or building accessible to an
individual with a disability under the Acts.
d.
The requested exception(s) would not impose an undue financial or administrative
burden on the city.
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
e.
The proposed exception(s) will cause no significant negative environmental impacts to
the applicant’s property, adjacent properties, or to the surrounding neighborhood and city.
f.
The proposed exception(s) will cause no significant negative impacts on the privacy of
the applicant or adjacent neighbors.
g.
A request for reasonable accommodation under this section may be approved if it is
consistent with the certified local coastal program or it may be approved and the city may
waive compliance with an otherwise applicable provision of the local coastal program if the city
finds both of the following: (i) the requested reasonable accommodation is consistent, to the
maximum extent feasible, with the certified local coastal program; and (ii) there are no feasible
alternative means for providing an accommodation at the property that would provide greater
consistency with the certified local coastal program.
h.
The request for reasonable accommodation(s) would not require a fundamental
alteration in the nature of the city’s land use and zoning and building regulations, policies,
practices and procedures, and the city’s local coastal program. (Ord. C-2015-04 §1(part),
2015; Ord. C-2014-10 §4(B), 2014; Ord. C-8-11 §§2(B), (C), 2011; Ord. C-15-10 §1(Exh. A(part)),
2010: Ord. O-2-06 §2, 2006; Ord. O-6-04 §2 Exh. A (part), 2004; Ord. O-5-04 §1 Exh. A, 2004;
Ord. O-4-04 §1 Exh. A, 2004; Ord. 5-00 §2 Exh. B (part), 2000).
18.06.060 Manufactured homes.
A.
Intent. It is the intent of the city to provide opportunities for the placement of manufactured
homes in single-family residential districts, consistent with state law, and to ensure that such
manufactured homes are designed and located so as to be harmonious within the context of the
surrounding houses and neighborhood.
B.
Approval. Approval by the architectural review committee and the community development
director is required prior to the issuance of building permits for individual manufactured homes on a site
in any R-1 district, subject to the provisions of this section. The architectural review committee and
community development director shall review each proposed manufactured home to determine
compatibility in design and appearance with residential structures in the vicinity, based upon design and
development criteria set forth in this section.
C.
Location. Manufactured homes may be located in any residential district where a single-family
detached dwelling is permitted, subject to the same restrictions on density and to the same property
development regulations. Manufactured homes may be located on building sites with an average
slope of less than or equal to ten percent.
D.
Design and Development. The design and development criteria set forth in this section is
intended to protect neighborhood integrity, provide for harmonious relationships between
manufactured homes and surrounding uses, and minimize problems that could occur as a result of
locating manufactured homes on building sites designated for single-family residential uses. Each
manufactured home:
1.
Width.
Shall be at least eighteen feet wide, as measured at its narrowest point;
2.
Foundation.
Shall be built on a permanent foundation approved by the building official;
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
3.
Recent Manufacture. Shall have been manufactured after June 15, 1976, and shall be
certified under the National Manufactured Home Construction and Safety Act of 1974, and shall be
installed in accordance with the provisions of the most recent edition of the Uniform Building Code
adopted by the city;
4.
Skirting.
Shall provide skirting of exterior finish materials extending to the finished grade;
5.
Siding. Shall provide exterior siding material compatible with adjacent residential
structures; shiny or metallic finishes are prohibited;
6.
Roof Pitch. Shall have a roof with a pitch of not fewer than three inches vertical rise per
twelve inches horizontal distance;
7.
Roof Material. Shall have roofing material of concrete or asphalt tile, shakes, or shingles
complying with the most recent editions of the Uniform Building Code adopted by the city;
8.
Roof Eaves or Overhang. Shall provide eaves or roof overhangs of not less than one foot as
measured from the vertical side of the unit;
9.
Floor Elevation. Shall maintain a finished floor elevation no higher than twenty inches
above the exterior finished grade; and
10.
Covered Parking. Shall maintain required covered parking in accordance with the
provisions of this chapter. The exterior materials and roofing proposed for any garage shall be the
same as those materials used on the main structure.
E.
Cancellation of State Registration. Whenever a manufactured home is installed on a permanent
foundation, any registration of such manufactured home with the state of California shall be canceled,
pursuant to state laws and regulations. Before any occupancy certificate may be issued for use of such
a manufactured home, the owner shall provide to the building official satisfactory evidence showing
that the state registration of the manufactured home has been or will, with certainty, be canceled; if the
manufactured home is new and has never been registered with the state, the owner shall provide the
building official with a statement to that effect from the dealer selling the home. (Ord. C-2015-04
§1(part), 2015; Ord. 5-00 §2 Exh. B (part), 2000).
18.06.070 Nonconforming structures.
Any existing residential structure legally constructed in accordance with the zoning code prior to the
effective date of the ordinance codified in this title that is damaged by catastrophe such as fire, flood,
explosion, wind, earthquake, war, riot or other calamity may be replaced, restored, rebuilt or repaired
and used as before such event occurred provided that all of the following conditions are satisfied:
A.
No Increased Nonconformance. That any nonconforming lot coverage, height, floor area ratio
or setback encroachments of the structure will not be increased beyond that in existence prior to the
damage occurring unless a variance is approved subject to the provisions of this title;
B.
Building Permit Requirement. That an application for a building permit to replace or repair a
damaged or destroyed building shall be filed within twenty-four months after the event;
C.
Building Code Compliance. That all applicable provisions of the Uniform Building Code adopted
by the city at the time building permits are requested for the repair or reconstruction shall be
incorporated into the plans. (Ord. 5-00 §2 Exh. B (part), 2000).
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
18.06.080 Permits and plan review.
A.
Building permit requirement. Building permits are required for any new construction,
remodeling or additions, except for fences which do not exceed seven feet in height, and decks less than
eighteen inches in height.
B.
Variance Requirement. A variance shall be required for any project in any residential district
which does not meet the development standards and additional regulations set forth in this chapter, or
for projects which include proposals to extend existing nonconforming conditions on the site.
C.
Architectural and Site Plan Review. The provisions of this title addressing architectural and site
plan review shall be followed prior to the issuance of any building permits for which design review is
required. (Ord. 5-00 §2 Exh. B (part), 2000).
Draft Amendments for Large Family Day Care and R-2 Development Standards, 3/18/16
ATTACHMENT 2
Zoning Ordinance/Coastal Implementation Plan Amendments to the
R-2, Duplex Residence Zone Standards to Reduce Affordable Housing
Constraints
Findings Analysis - Addendum
City of Half Moon Bay, San Mateo County, California
State Clearinghouse Number 2014102063
City of Half Moon Bay
Planning Division
501 Main Street
Half Moon Bay, CA 94019
650.726.8250
Contact: Bruce Ambo, Planning Manager
March 16, 2016
SECTION 1 INTRODUCTION
1.1
Overview
This Findings Analysis has been prepared to document the due diligence efforts regarding compliance
with the California Environmental Quality Act (CEQA) for the Zoning Ordinance/Coastal Implementation
Plan amendments to the R-2, Duplex Zone development standards to eliminate the Floor to Area (FAR)
requirement for duplexes, and modify the Maximum Multi-Story Site Coverage from 35% to 40% in
Table C “R-2 and R-3 Zoning District Development Standards.”
An Initial Study/Negative Declaration was previously performed for the updated 2015-2023 Housing
Element. The Housing Element included goals, policies, and programs designed to maintain and
improve the existing housing stock, ensure that new development is affordable to a range of household
income levels, and provide a variety of housing types. These amendments are specifically intended to
implement Program 3-1 “Removal of Constraints ”, which sets forth the need to:
“Continue to assess and update the Zoning Code, Municipal Code, and City procedures to remove constraints
and address changes in state law, particularly regarding housing for special needs groups, including seniors,
the disabled, large families, farmworkers, and the homeless.”
These amendments to the R-2, Duplex Residential Zone would reduce constraints and add flexibility in the
duplex regulations that would ultimately promote the provision of a housing product that is affordable to a
broader more affordable market rate spectrum of the community.
1.2
Background
On October 24, 2014 a Draft Initial Study/Negative Declaration (Draft IS/ND) (SCH No. 2014102063) was
issued for the 2015-2023 Housing Element. The goals, policy guidance, and implementation measures in
the Housing Element Update encourage infill development of housing, mainly as part of existing
neighborhoods, and would not result in physical divisions of any existing community. The location and
nature of development will continue to be guided by the Half Moon Bay General Plan, LCP Land Use
Plan, and Zoning Code. Future housing projects will continue to be reviewed through the City’s
entitlement process and CEQA to ensure consistency with local, State, and Federal regulations and all
General Plan goals, objectives and policies intended to protect established communities and land uses.
The Draft IS/ND was circulated for public review between October 24, 2014 and November 24, 2014, and
approved by the City Council on March 3, 2015 with the adoption of the 2015-2023 Housing Element.
The 2015-2023 Housing Element was certified by the State Department of Housing and Community
Development on October 5, 2015..
1.3
Purpose
The following environmental analysis was conducted to determine whether the proposed modifications
to the project would result in new or greater environmental impacts than those evaluated and disclosed
in the ND prepared for the Housing Element. The analysis and conclusions contained herein have been
provided to determine if any additional environmental review is necessary in accordance with Public
Resources Code Section 21166 and CEQA Guidelines Section 15162. The text of Public Resources Code
Section 21166 and CEQA Guidelines Section 15162 is provided below.
Pursuant to Public Resources Code Section 21166, when an EIR has been prepared for a project
pursuant to this division, no subsequent or supplemental environmental impact report shall be
required by the lead agency or by any responsible agency, unless one or more of the following
events occurs:
(a) Substantial changes are proposed in the project, which will require major revisions of
the EIR.
(b) Substantial changes occur with respect to the circumstances under which the project is
being undertaken, which will require major revisions in the EIR.
(c)
New information, which was not known and could not have been known at the time
the EIR was certified as complete, becomes available.
CEQA Guidelines Section 15162 makes the following provisions:
(a) When an EIR has been certified or negative declaration adopted for a project, no
subsequent EIR shall be prepared for that project unless the lead agency determines, on
the basis of substantial evidence in the light of the whole record, one or more of the
following:
(1)
Substantial changes are proposed in the project which will require major
revisions of the previous EIR or negative declaration due to the involvement of
new significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
(2)
Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous EIR or
negative declaration due to the involvement of new significant environmental
effects of a substantial increase in the severity of previously identified
significant effects; or
(3)
New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time of the
previous EIR was certified as complete or the negative declaration was adopted,
shows any of the following:
(A) The project will have one or more significant effects not discussed in the
previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe
than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or more
significant effects on the environment, but the project proponents decline
to adopt the mitigation measure or alternative.
(b) If changes to a project or its circumstances occur or new information becomes available
after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if
required under subdivision (a). Otherwise, the lead agency shall determine whether to
prepare a subsequent negative declaration, an addendum, or no further documentation.
As will be discussed in Section 2, this Findings Analysis concludes that the changes to the ordinance
amendments contemplated and considered within the 2015-2023 Housing Element are within the scope
of the environmental review for the previous ND, there have been no changes to circumstances under
which the Project will be undertaken, and there is no new information to warrant additional
environmental review.
SECTION 2.O - Description and Analysis
2.1
Environmental Setting
The Initial Study provided environmental analysis pursuant to the California Environmental Quality Act
(CEQA) for the proposed City of Half Moon Bay General Plan Housing Element Update, assessing the
significance of environmental impacts that could result due to the adoption and implementation of the
Housing Element. The project site to be affected by the Housing Element is the area within Half Moon
Bay city limits.
The Housing Element and the ordinance amendments contemplated by this project are required by
State law (Section 65580 – 65589.8 of the California Government Code). The Housing Element identified
residential sites adequate to accommodate a variety of housing types for all income levels and needs of
special population groups defined under State law (Section 65583 of the California Government Code),
analyzed governmental constraints to housing maintenance, improvement and development, addressed
conservation and improvement of the condition of the existing affordable housing stock, and outlined
policies to promote housing opportunities for all persons.
These amendments to the R-2, Duplex Residential Zone would reduce constraints and add flexibility in the
duplex regulations that would ultimately promote the provision of a housing product that is affordable to a
broader more affordable market rate spectrum of the community.
Figure 1. R-2 Zone District Planning Area
2.2
Affordable Housing Opportunities
This R-2, Duple Zone represents one of the few remaining areas in the community where a higher
density residential product can be built that is more likely to be affordable to a broader more affordable
market rate spectrum. The only other multi-family zone is the R-3, Multi-Family Zone (49 acres), that
includes: 1) Main Street R-3 Zone (26 acres) across Main Street to the east that is fully built out, and 2)
Kelly Avenue R-3 Zone (23 acres) north of Kelly Avenue (in the general vicinity bounded by Jenna Lane,
and Pilarcitos and Oak Avenues), which is also nearly built out. Combined, the remaining vacant lots in
these R-2 (61 units of realistic capacity) and R-3 (27 units of realistic capacity) zoned areas allow the City
to meet the “Very Low” and “Low” affordable housing requirements of the Regional Housing Needs
Assessment of 83 units (34%) of the required 240 units overall.
2.3
Proposed R-2 Zone Ordinance Amendments
Although these lots may theoretically be developable under the current regulations, it has been
quite some time (since 2010) that there has actually been any new duplex development. Staff has
had numerous conversations with developers interested in R-2 Zone properties that clearly point to
the development standards as a significant constraint in developing R-2 zoned properties. The most
effective way to provide flexibility while still protecting the integrity of the district is to eliminate the
Floor-to-Area (FAR) and modestly increase the allowable multi-story site coverage from 35% to 40%.
Floor- to-Area Ratio (FAR)
Floor-to-Area ratio is more commonly applied and a more appropriately used as a tool in regulating
commercial and higher density residential development. In the case of duplex development, the FAR
unnecessarily restricts the floor area to a 0.5 ratio. In application, this means that the minimally
required lot size of 5,000 square feet (SF) has a total maximum allowable floor area of 2,500 SF, or
1,250 SF per duplex unit. A 400 SF two-car garage is required for each unit, yielding a maximum net
floor area per unit of 850 SF, which is fairly limited, especially since the majority of duplexes have 2bedrooms. Eliminating the FAR restrictions would provide more flexibility to enlarging the interior living
space of the units. Code protections for setbacks, lot coverage, building height, maximum building
envelope, parking, and design review through the Coastal Development Review process would remain in
place.
Multi-Story Site Coverage
Single story site coverage for all residential zones 50%. Multi-story site coverage for duplex
development is currently limited to 35%, which is the same requirement for all single family
development. Duplex development is inherently multifamily development, and should be regulated on
a similar basis (Multi-Story Site Coverage for the R-3, Multi-Family Zone is 45%). Furthermore, a
standard 5,000 SF duplex lot would only yield a total maximum allowable Multi-Story Site Coverage of
35% at 1,750 SF, resulting in 875 SF per unit of site coverage. When the 400 SF two-car garage
requirement per unit is applied, it yields a net usable amount of first floor area (i.e., site coverage) of
475 SF, which is only slightly larger than the garage itself. Therefore, staff is recommending that the
maximum Multi-Story Site Coverage be slightly increased from 35% to 40%. Adjusting the Multi-Family
Site Coverage to 40% would provide more flexibility in designing duplexes that also allow for slightly
larger building footprints and first floor areas.
The following ordinance amendments are recommended to eliminate the FAR and slightly increase the
Multi-Story Site Coverage to 40%:
Table C
R-2 and R-3 Zoning District Development Standards
Building Site Characteristic
R-2 (two dwellings on site)
Maximum multi-story site coverage
35%40%
Floor Area Ratio
0.5:1N/A
2.4
Findings Analysis Conclusion
The proposed amendments to the R-2 Zone District regulations eliminating the FAR requirement and
slightly increasing the allowable Multi-Story Site Coverage by 5% (from 35% to 40%) are not expected to
result in a significant effect on the environment because adequate protections exist in the current
development standards and regulations for lot coverage, building height, maximum building envelope,
and building setbacks. In conclusion, the analysis in the IS/ND has been evaluated and it has been
determined that the proposed changes would not result in “significant effects” beyond those previously
examined in the IS/ND. Based on this analysis, it has been determined that the proposed changes
involving the R-2 Zone District Ordinance amendments would not result in substantial changes that
would require a supplemental or subsequent IS/ND. In addition, these changes would not result in
impacts to resources that have not already been addressed in the IS/ND.
Appendices
Appendix A: 2015-2023 Housing Element, Initial Study and Negative Declaration, dated October 2014
(SCH# 2014102063)
ATTACHMENT 3
ATTACHMENT 4
Table C
R-2 AND R-3 ZONING DISTRICT DEVELOPMENT STANDARDS
Building Site Characteristic
Maximum allowed density
R-21
R-22
17.42 dwelling units per acre
R-3
29.04 dwelling units per
acre
Minimum required density
10.00 dwelling units per acre
15.00 dwelling units per
acre
Minimum site area per unit (square feet)
5,000
2,500
1,500
Maximum site area
N/A
N/A
N/A
Minimum site area (square feet)
5,000
5,000
5,000
Minimum average site width
28.5'
50'
75'
Minimum front setback
20'
20'
20'
Minimum side setback
5'
5'
5'
Minimum street facing side setback
10'
10'
10'
Combined minimum side setback
20%
20%
20%
Rear minimum setback
20'
20'
20'
Single-story maximum height
20'
20'
20'
Multi-story maximum height
28'
28'
40'
Maximum single-story site coverage
50%
50%
50%
Maximum multi-story site coverage
35%
35%
45%
Floor area ratio
0.5:1
0.5:1
N/A
Usable open space per unit
N/A
15%
15%
1
For single-family residences on a site.
2
For two dwellings on a site.
(Ord. C-2014-10 §4(A), 2014; Ord. C-15-10 §1(Exh. A(part)), 2010; Ord. 5-00 §2 Exh. B (part), 2000
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