§ 26C-23. Permitted residential density and development criteria.

The use of land and structures within this district is subject to this article, the general regulations of this ordinance, and the provisions of any district which is combined herewith. Policies and criteria of the General Plan and Coastal Plan shall supersede the standards herein. Development shall comply with Coastal Plan policies.

(a)

Density: Residential density shall be between twenty (20) and one hundred (100) acres per dwelling unit as shown in the General Plan land use element or permitted by a B combining district, whichever is more restrictive. However, dwelling units described in Section 26C-20(b)(2) through (7) inclusive may be permitted in addition to the residential density, provided that no more than four (4) residential units shall be approved per parcel.

(b)

Minimum Lot Size: The minimum lot size for creation of new parcels shall be six hundred forty ( 640) acres, unless a different area is permitted by any B combining district, provided that it shall also meet the criteria of General Plan Policy AR-8c.

(c)

Minimum Lot Width: The minimum average lot width within each lot is one hundred twenty-five feet (125').

(d)

Height Limits: Height for all structures is measured as the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof.

(1)

West of Highway 1: Residential height limits are sixteen feet (16'). Commercial height limits are twenty-four feet (24').

(2)

Bodega Bay Core Area residential: Sixteen feet (16') height limit except that in major developments up to fifteen percent (15%) of the units may exceed the height limit.

(3)

East of Highway 1 in the Sereno Del Mar Subdivision: Residential height limits are sixteen feet (16'). The Sereno Del Mar Architectural Review Committee may grant a higher structure to a maximum of twenty-four percent (24%) in accordance with subsection (7) below.

(4)

East of Highway 1 and visible from designated scenic roads: Residential and commercial height limits are twenty-four feet (24').

(5)

East of Highway 1 and are not visible from designated scenic roads: fifty feet (50').

(6)

Agricultural structures: fifty feet (50'). However, structures shall not obstruct views of the shoreline from coastal roads, vista points, recreation areas, and beaches; and structures shall be sited to minimize visual impacts.

(7)

Maximum height for telecommunication facilities is subject to the provisions of this article and Section 26C-325.7.

(8)

An increase in height for residential structures west of Highway 1, up to a maximum of twenty-four feet (24') may be approved if the appropriate review body finds that the structure is no higher than sixteen feet (16') above the corridor route grade directly across from the building site, will not block coast views from the corridor route or neighboring properties and is compatible with community character.

An increase in height for structures east of Highway 1 up to a maximum of thirty-five feet (35') may be considered if the appropriate review body finds that the structure is no higher than twenty-four feet (24') above the corridor route grade directly across from the building site, will not block coast views from the corridor route or neighboring properties and is compatible with community character.

Where these requirements conflict with the height, site, and bulk criteria in Appendix B (Bane Bill) of the Coastal Plan, for those properties listed, the requirements of Appendix B shall be followed.

(9)

A legal single family dwelling or appurtenant structures for which a building permit was issued after December 1, 1980, shall be considered to be conforming with regard to the height measurement. Repair and remodeling of such structures shall be allowed provided that the height does not exceed the height of the structure prior to the remodel or repair, or the building height allowed by this chapter, whichever is greater.

Expansions of such structures which do not comply with the revised height restrictions shall comply with the new definition of height measurement as stated above, except that the expansion, up to ten percent (10%) of floor area and not to exceed four hundred (400) square feet, shall be allowed, provided that the height does not exceed the height of the structure prior to the expansion, or the building height allowed by this chapter, whichever is greater.

(e)

Maximum Lot Coverage:

(1)

On parcels of two acres in size or less: twenty percent (20%);

(2)

On parcels greater than two acres up to and including five acres in size: 18,000 SF or fifteen percent (15%), whichever is greater;

(3)

On parcels greater than five acres up to and including 20 acres in size: 30,000 SF or ten percent (10%), whichever is greater; and

(4)

On parcels greater than 20 acres in size: 85,000 SF or five percent (5%), whichever is greater.

Exceptions may be allowed by the planning director for commercial greenhouses, large animal operations, and buildings required for the farm operation to meet water quality or other environmental protection regulations.

(f)

Yard Requirements:

(1)

Front yard: Ten percent (10%) of the depth of the lot, but not more than seventy-five feet (75').

(2)

Side yard: Ten percent (10%) of the width of the lot, but not more than twenty feet (20').

(3)

Rear yard: Twenty feet (20').

(4)

Watering troughs, feed troughs, accessory buildings used for the housing or maintenance of farm animals and accessory buildings and runs used for the housing or maintenance of kennel animals shall be located at least fifty feet (50') from the front property line, twenty feet (20') from any side or rear property line, and thirty feet (30') from any dwelling on the adjacent property.

(5)

No garage or carport opening facing the street shall be located less than twenty feet (20')from any exterior property line, except that where twenty-five percent (25%) or more of the lots on any one (1) block or portion thereof in the same zoning district have been improved with garages or carports, the required front yard may be reduced to a depth equal to the average of the front yards of the such garages or carports. However, in no case shall the front yards be reduced to less than ten feet (10'). Further the director of the permit and resource management department may require a use permit if the reduction might result in a traffic hazard.

(6)

Cornices, eaves, canopies, bay windows, fireplaces, other cantilevered portions of structures, and similar architectural features may extend two feet (2') into any required yard. The maximum length of the projections shall not occupy more than one-third ( 1/3 ) of the total length of the wall on which it is located. Uncovered porches, fire escapes, or landing places may extend six feet (6') into any required front or rear yard and three feet (3') into any required side yard.

(7)

Where twenty-five percent (25%) or more of the lots on any one (1) block or portion thereof in the same zoning district have been improved with buildings, the required front yard may be reduced to a depth equal to the average of the front yards of the improved lots, subject to the limitations of Section 26C-22(f)(5).

(8)

Accessory buildings may be constructed within the required yards on the rear half of the lot, provided that such building(s) shall not occupy more than thirty percent (30%) of the width of any rear yard. Such accessory buildings shall not be located closer than ten feet (10') to the main buildings on the same or adjacent lots. Notwithstanding the foregoing, swimming pools may occupy more than thirty percent (30%) of the width of any rear yard. A minimum of three feet (3) shall be maintained between the wall of a pool and the rear and side property lines, and accessory equipment (pump, filters, etc.) shall be exempt from setback restrictions. Additional setbacks may be required under the California Building Code.

(9)

The yard requirements of (1) or (2) above may be reduced up to fifty percent (50%) for agricultural buildings and structures if necessary for efficient farming operation.

(10)

Additional setbacks may be required within sensitive areas, riparian corridors, scenic corridors, critical habitat areas, or unique features designated in the General Plan or Coastal Plan.

(g)

Environmental and Hazards Requirements.

(1)

Environmental protection and hazards recommendations contained in the Coastal Plan, Chapter 3, and land use recommendations 20 and 21, Chapter 7, shall be applied to development projects within or affecting identified "potentially sensitive," "conservation," "sanctuary preservation," and "geologically unstable" areas on open space and hazards maps.

(2)

All development shall be subject to site development and erosion control standards. These standards are to be used as the minimum standards for development in the coastal zone. Where both these standards and the policies of the Coastal Plan apply to a development, the policies of the Coastal Plan shall take precedence over these standards. Where the policies and standards of the General Plan are more restrictive than those of the Coastal Plan or any of the standards below, the General Plan standards and policies shall apply. Development shall comply with Coastal Plan policies.

(3)

No development or grading shall occur on slopes greater than thirty percent (30%), unless no feasible alternate site is available.

(h)

Access Dedication.

(1)

Each permit must conform to Chapter V access provisions of the Coastal Plan. An offer of dedication is required if an access way is shown on the property in the access plan. Consult Chapter V in the Coastal Plan for a description of each access way and procedural requirements for dedication. In addition, existing prescriptive rights must be protected even if no access way is shown in the access plan.

(2)

Two types of access may be required: Lateral and/or vertical.

a.

Lateral access refers to access paralleling the water's edge, either on the beach or the bluff. For all new development between the first public road and the ocean, granting of lateral easements to allow for public access along the shoreline shall be mandatory unless the project has no direct or cumulative impact on the availability of public access to the coast. When there is a bluff, beach access to the toe of the bluff should be dedicated. If not, a twenty-five feet (25') wide access way should be dedicated. If a bluff top trail is shown in the access plan, a bluff top easement dedication shall be required to be described as an area beginning at the bluff edge extending approximately twenty-five feet (25') inland. In no case shall the dedicated easement be required to be closer than ten feet (10') to a residential structure.

b.

Vertical access dedications are necessary to provide access from the public roadway to the shoreline. A corridor easement should be a minimum of fifteen feet (15') in width with slope easements plus the additional area necessary for the placements of improvements.

(i)

Design Requirements:

(1)

All new development shall conform with Coastal Plan visual resource recommendations, applicable scenic view protection policies and policies related to landform and vegetation categories included in the Coastal Administrative Manual, or subsequently approved area design guidelines.

(2)

Design review to be required in accordance with the procedures described on the review process final view rating maps on file in the permit and resource management department and incorporated by reference.

(3)

New extensions of utility distribution lines shall be undergrounded, except when such undergrounding would have a more significant environmental effect than an overhead line.

(Ord. No. 5963, § III, 1-31-2012; Ord. No. 5318 § 1, 2001.)