§ 26C-112. Permitted residential density and development criteria.

The use of land and structures within this district is subject to this article, the applicable regulations of this 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)

Residential density shall be between six (6) and twelve (12) dwelling units per acre as shown in the general plan land use or housing element or that density permitted by a B combining district, whichever is more restrictive, provided however that for a housing opportunity area type A project which meets all of the requirements of Section 26C-110(a)(5), or where a use permit for such project is approved pursuant to Section 26C-101(b), the permitted residential density may be increased one hundred percent (100%) above the mapped designation in the general plan to a maximum of twenty-four (24) dwelling units per acre. All applications for a discretionary approval shall be designed to meet at a minimum, the density requirements shown in the general plan land use element or on the sectional district maps, whichever is more restrictive, provided however, that a lesser density may be approved if the body deciding the application determines that such a reduction in density is necessary to mitigate a particular significant effect on the environment and that no other specific mitigation measure or alternative would provide a comparable lessening of the significant impact. Nothing set forth in this section shall be construed to prohibit the construction of one single family dwelling on a single lot of record.

(b)

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)

Coastal:

a.

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

b.

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.

c.

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

d.

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

e.

East of Highway 1 and are not visible from designated scenic roads: See standard height limits below.

f.

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.

g.

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.

h.

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

(2)

Standard:

a.

For main structures, where an R2 district abuts an R1 or RR district, for each four feet (4′) of building height in excess of fifteen feet (15′) the side yard setback shall be increased by one foot (1′). In all cases, where the side yard abuts a north, northwesterly, or northeasterly property line and the proposed main building exceeds fifteen feet (15′) in height, the applicant shall submit at the time of application, evidence to show that the proposed building shall not cast a shadow greater than ten percent (10%) of the solar collection absorption area on the adjacent lot at any one (1) time between the hours of nine am to three p.m. on December 21st local standard time. Accessory structures shall not exceed one (1) story.

(c)

Minimum Lot Size: six thousand (6000) square feet.

(d)

Minimum Lot Width: The minimum average lot width required within each lot is sixty feet (60′).

(e)

Maximum Lot Coverage: Forty percent (40%), including all structures, driveways, and parking areas, except that up to ten percent (10%) additional coverage may be allowed for projects providing at least three (3) units per acre inclusionary housing.

(f)

Yard Requirements: The following shall apply except that if the subject property adjoins land which is zoned AR or designated as agricultural land, the use is subject to the requirements of Section 26C-323(f).

(1)

Front Yard: Not less than twenty feet (20′) provided, however, that no structure shall be located closer than forty-five feet (45′) from the centurion of any public road, street, or highway. Front yard requirements may be reduced up to five feet (5′) in order to obtain an average of twenty feet (20′).

(2)

Side Yard: Not less than five feet (5′) except where the side yard abuts a street in which case such yard shall be the same as a front yard. On lots where access is gained to an interior court by way of a side yard, or where an entrance to a building faces the sideline, said side yard shall be not less than ten feet (10′).

(3)

Rear Yard: Not less than twenty feet (20′).

(4)

No garage or carport opening facing the street shall be located less than twenty feet (20′) from any street, property line, or less than twenty-four feet (24′) from any interior property line.

(g)

Parking Requirements:

(1)

Residential Use:

a.

Not less than one (1) covered parking space for each dwelling unit;

b.

Not less than one-half uncovered guest parking space for each dwelling unit in a garden apartment or dwelling group involving four (4) or more dwelling units;

c.

Developments containing nine (9) or more dwelling units shall provide an additional one-half uncovered guest parking space for each dwelling unit having two (2) or more bedrooms.

(2)

Any other use shall provide off-street parking in accordance with the standards established in Article XXXI.

(h)

Small lot subdivision standards for single family detached dwelling unit subdivisions: The following standards may be utilized in place of those in Section 26C-112(c) through (f), provided that additional usable common open area is provided based upon the following:

Average Lot Area	Open Area per Lot
5500 - 6000 square feet	110 square feet
5000 - 5500 square feet	200 square feet

 

(1)

Minimum Lot Width: fifty feet (50′) width to be measured at front building set back line twenty feet (20′) behind front property line.

(2)

Average Lot Width: fifty feet (50′).

(3)

Minimum Lot Area: four thousand five hundred (4500) square feet.

(4)

Average Lot Area: five thousand (5000) square feet.

(5)

Minimum Side Yard Setback: five feet (5′).

(6)

Minimum Front Yard Setback: twenty feet (20′) to garage, fifteen feet (15′) to house.

(7)

Average Front Yard Setback: twenty-two feet (22′) to garage, seventeen feet (17′) to house.

(8)

Minimum Rear Yard Setback: twenty feet (20′).

(9)

Minimum Corner Lot Side Setback: fifteen feet (15′).

(10)

Minimum Front Elevation Surface Area: five hundred (500) square feet.

(11)

Average Front Elevation Surface Area: six hundred twenty-five (625) square feet.

(12)

Maximum Amount of 2-Story Homes: two-thirds of project.

(13)

Minimum Parking Requirements: space length equals eighteen feet (18′).

An additional one and one half (1-½) on street parking spaces per lot to be provided in driveway and/or on street one (1) space on or adjacent to lot; one-half space within project boundary but not on school/park frontage).

(14)

Corner Lots: only one (1) or one and one half (1-½) story houses.

(15)

Sidewalk/Curb Configuration.

a.

Sidewalks contiguous to curb allowed along internal residential streets.

b.

Landscaped parkway strip ("street trees") between curb and sidewalk required for project "collector" or "arterial" streets.

(i)

Where planned developments and condominiums are proposed, dwelling units may be attached; common walls will be permitted. The lot size, coverage and setback requirements of Section 26C-112 shall not apply to these planned developments and condominiums.

(j)

Development standards for dwelling groups and/or multi-family structures involving three (3) or more dwelling units:

(1)

All utility distribution facilities (including but not limited to electric, communication and cable television lines) installed in and for the purpose of supplying service to any residential development shall be placed underground, except equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts. The subdivider is responsible for complying with the requirements of this section, and shall make the necessary arrangements with the utility companies involved for the installation of said facilities.

(2)

Landscaping shall be provided and perpetually maintained in all required yards.

(3)

Installation of improvements to assure adequate drainage shall be required.

(4)

All refuse collection areas shall be enclosed on at least three (3) sides by a five foot (5′) high wall, said wall to be constructed of masonry or other material as specifically approved by the director of the permit and resource management department. Alternate methods of refuse storage and screening thereof may be approved by the director of the permit and resource management department.

(5)

To the extent possible all off-street parking areas shall be screened from view of surrounding residents by a fence not less than four feet (4′) in height, or by landscape materials having a normal two (2) year growth of not less than four feet (4′) in height.

(6)

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

(7)

All off-street parking areas shall be paved with asphalt or equivalent and shall conform to the off-street parking design standards of Article XXXI.

(8)

Public utilities and easements therefor shall be provided as required by applicable public utilities and agencies.

(9)

The placement of main buildings on any lot or parcel of land in the R2 (medium density residential) district shall conform to the following:

a.

Parallel buildings front to front or arranged around an open court: thirty-five feet (35′) or one-story buildings or forty feet (40′) for two-story buildings. Driveways shall not be located within said building separation.

b.

Parallel buildings front to rear or front to side: twenty feet (20′) for one-story buildings or twenty-five feet (25′) for two-story buildings.

c.

Parallel buildings rear to rear or rear to side: fifteen feet (15′) for one-story buildings plus two and one-half (2-½) feet for each additional story of each building in excess of one story.

d.

Parallel buildings side to side: ten feet (10′) for one-story buildings plus two and one-half (2-½′) feet for each additional story of each building in excess of one story. No entries shall be permitted for such separation between building placed side to side.

e.

For obliquely aligned buildings, the distances hereinbefore specified may be decreased by five feet (5′) at one building corner if increased by an equal or greater distance at the other corner.

(10)

The placement of garages and non-dwelling accessory buildings on any lot or parcel of land in the R2 (medium density residential) district shall conform to the following:

a.

On the rear third of an interior or corner lot, the side yard and rear yard shall be not less than three feet (3′) in width. In the case of a corner lot, all buildings shall observe the required side yard on the street side.

b.

On any lot where the garage opens directly to a street, same shall be set back not less than twenty feet (20′) from the property line.

c.

The distance between main buildings and non-dwelling accessory buildings shall be not less than eight feet (8′).

(11)

In developments of more than eight (8) units, a landscaped, unified usable open recreational and leisure area totaling at least three hundred (300) square feet for each dwelling unit is required. Said areas shall be conveniently located and readily accessible to each dwelling unit.

(12)

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

a.

Any required front, side or rear yard.

b.

Any area used for parking or vehicular circulation.

c.

Areas reserved for private family use, such as patios, except that for each unit with six hundred (600) square feet or more of such private area, the recreational and leisure area may be reduced by three hundred (300) square feet.

(k)

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.

(l)

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 (2) 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.

(m)

Design Review: Design review and site plan approval shall be required for all dwelling groups and apartment developments featuring four (4) or more dwelling units in the manner provided in Article XXIX.

(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.

(n)

Inclusionary Housing Requirements.

(1)

In housing projects of eleven (11) or more units, a minimum of fifteen percent (15%) of these units shall be affordable to very low, low, or moderate income households unless the conditions delineated in the coastal land use plan apply.

(2)

In housing projects of five (5) to ten (10) units, either fifteen percent (15%) of the units shall be affordable to very low, low, or moderate income households, or a six percent (6%) in lieu fee shall be paid to a coastal zone site acquisition and development fund to be administered by the county housing authority.

(Ord. No. 5318 § 1, 2001.)