Chapter DENSITY AND OPEN SPACE REQUIREMENTS

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1 Chapter DENSITY AND OPEN SPACE REQUIREMENTS Sections: Lot coverage Requirements generally Measurement of lot coverage Lot coverage R-15 zone Lot coverage R-1 zones Lot coverage Exceptions in the R-1L zone Lot coverage R-2, R-3C, and R-3 zones Lot coverage C-1 zone Lot coverage Exclusions in residential zones Floor area Requirements generally Floor area ratio R-1C zone Floor area ratio R-1W zone Floor area ratio R-1L zone Floor area ratio R-15 zones Floor area Exceptions permitted when Density and open space R-2, R-3C and R-3 zones Requirements generally Minimum area for each apartment R-2, R-3C, and R-3 zones Minimum usable open space R-2, R-3C and R-3 zones Implementation of State density bonus law Lot coverage Requirements generally. No building or structure shall be constructed and no building permit shall be granted for construction of any building or structure on any lot if the total area of all existing and proposed buildings and structures (whether located on a private lot or on any adjacent City-owned property, and except as excluded below) will exceed in area the percentages of the total lot area in the zones set forth in Sections through (Ord , 1991; Ord Measurement of lot coverage. The percent of the lot area covered by structures shall be measured by dividing the total number of square feet of horizontal ground area covered by structures, open or enclosed, whether located on a private lot or on any adjacent City-owned property, by the total horizontal area of the lot (not including any adjacent City-owned land), provided that the area of uncovered and unenclosed offstreet parking spaces, walks, patios, trellises, in-ground swimming pools or pools that do not project more than four feet above the average ground level, uncovered decks or garage aprons four feet or less above the average ground level shall not be counted in the total coverage, and provided that only one-half of the area of uncovered and unenclosed decks or balconies fifteen or more feet above the average ground level shall be counted in

2 the total coverage. Notwithstanding the above, in residential zones, the area of all covered off-street parking shall be included in the total coverage. (Ord , 1992; Ord , 1991; Ord Lot coverage R-15 zone. Lot coverage for covered structures in the R-15 zone shall not exceed thirty percent of the lot area, with total coverage including uncovered outdoor decks not to exceed fifty percent. (Ord , 1992; Ord Lot coverage R-1 zones. Lot coverage for covered structures in all of the R-1 zones shall not exceed forty percent of the lot area, with total coverage including uncovered outdoor decks not to exceed fifty percent. (Ord , 1992; Ord Lot coverage Exceptions in the R-1L zone. For buildings in the R- 1L zone that do not exceed fifteen feet in height, the maximum allowable lot coverage shall be fifty percent. (Ord , 1992; Ord Lot coverage R-2, R-3C, and R-3 zones. Lot coverage in the R-2, R- 3C, and R-3 zones shall be fifty percent on lots adjacent to open water, excluding uncovered outdoor decks, and forty percent on other lots, excluding uncovered outdoor decks, with a total coverage not to exceed sixty percent. (Ord Lot coverage C-1 zone. Lot coverage in the C-1 zone shall be fifty percent, excluding all outdoor decks, garden shelters, walks, arbors, and off-street parking spaces, whether covered or enclosed or uncovered. In addition, the total floor area of all existing and proposed buildings and structures shall not exceed the total lot area (a floor area ratio of one to one). (Ord (Part), 1989.) Lot coverage Exclusions in residential zones. The following shall be excluded from building and structure area in computing lot coverage in all residential zones: uncovered and unenclosed off-street parking spaces; walks; patios; trellises; eaves; in-ground pools; those portions of an uncovered and unenclosed outdoor deck or balcony either functioning as a garage apron, or located four feet or less above the average ground level beneath the deck; and one-half of the deck area of an uncovered and unenclosed outdoor deck at least fifteen feet above the average unenclosed ground level beneath it. (Ord , 2005; Ord Floor area Requirements generally. A. Requirements generally. No building or structure shall be constructed and no building permit shall be granted for construction of any building or structure on any lot in the R-1 or R-15 zones if the total floor area (as defined by Section ) of all existing and proposed buildings and structures (whether located on a private lot or on any adjacent city-owned property, and except as excluded below) will exceed the floor areas for the zones as set forth in Sections through B. Exemption. Notwithstanding Part A of this section, where the proposed

3 construction is on a parcel of property in the R-1 or R-15 zones that is already improved with one or more conforming or legal nonconforming structures, the maximum total floor area permitted on the parcel shall be determined as follows: 1. For any individual parcel in the R-1 or R-15 zones that has an existing structure or structures, the permitted total floor area for that parcel shall not exceed the greater of: a) the total floor area of the existing conforming and/or legal nonconforming structure(s) as calculated and verified by a licensed surveyor; or b) the applicable floor area maximum for the property set forth in Sections through In measuring the floor area of an existing structure or structures for the purposes of this Section, the definition of floor area set forth in Section in effect at the time of the application for exemption shall apply. 2. Where two or more contiguous parcels are merged into one legal parcel, the total floor area for the merged parcel shall not exceed the greater of: a) the total floor area of the existing conforming and/or legal nonconforming structure(s) on any one of the original parcels plus one-half the total floor area of the existing conforming and/or legal nonconforming structure(s) on the other original parcel or parcels as calculated and verified by a licensed surveyor; or b) the applicable floor area maximum for the merged property set forth in Sections through In any application where the permitted total floor area under this Part B is based upon the floor area of existing legal nonconforming structure(s), any new construction shall conform to all applicable zoning standards for setback, height, and lot coverage; however, there will remain the discretion to consider Variances or Exceptions from the regulations of Title 19 of this Code that are consistent with those that existed at the time of the application. 4. In any application where the permitted total floor area under this Part B is based upon the floor area of existing conforming and legal nonconforming structure(s), the calculated volume in cubic feet of the new structure(s) shall be equivalent to or less than the calculated volume of the existing conforming and legal nonconforming structure(s). For the purposes of this Section, volume shall be calculated as follows: The building components of all existing and proposed structure(s) and accessory structure(s) shall be represented in simplified three-dimensional geometric forms, including all covered and enclosed areas, but excluding porches, eaves, subterranean areas, and cantilevered overhangs. Building components shall be dimensioned as verified by a licensed surveyor. The sum of the calculated volume of each and all of the threedimensional geometric forms shall be the total calculated volume. 5. In any application where the permitted total floor area under this Part B is based upon the floor area of existing conforming and/or legal nonconforming structure(s), the new structure(s) shall not materially impair the primary views or privacy of adjacent properties and views from the street to a greater extent than the impairment created by the existing conforming and/or legal nonconforming structure(s). (Ord , 2006; Ord , 1991; Ord , 1991; Ord Floor area ratio R-1C zone. On any one lot in the R-1C zone, the floor area ratio shall not exceed fifty percent, provided that the maximum total floor area on the lot shall not exceed three thousand five hundred square feet. (Ord , 1998; Ord , 1992; Ord , 1991; Ord

4 Floor area ratio R-1W zone. On any one lot in the R-1W zone, the floor area ratio shall not exceed forty percent, provided that the maximum total floor area on the lot shall not exceed four thousand two hundred forty square feet. (Ord , 1998; Ord , 1992.) Floor area ratio R-1L zone. On any one lot in the R-1L zone, the floor area ratio shall not exceed fifty percent, provided that the maximum total floor area on the lot shall not exceed four thousand square feet. (Ord , 1998; Ord , 1992.) Floor area ratio R-15 zones. On any one lot in the R-15 zone, the floor area ratio shall not exceed thirty-three percent, provided that the maximum total floor area on the lot shall not exceed four thousand eight hundred fifty square feet. (Ord , 1998; Ord , 1992; Ord Floor area Exceptions permitted when. A. 1. Upon a proper application for an exception to the floor area requirements stated in this Chapter, the Planning Commission may grant an exception to the floor area requirements if, based on materials submitted by the applicant for design review as set forth in Title 20, each and every one of the following findings has been found to be true a. That primary views from adjacent properties, as well as from the street, are not significantly impaired by the additional square footage; b. That there are unusual characteristics applicable to the parcel which minimize the impact of a greater floor area; c. That the proposed structure(s) are appropriate in mass, bulk, and character for the parcel, the neighborhood, and the zoning district, and meet(s) all design review criteria; d. That the additional square footage will not substantially reduce the privacy otherwise available to residents of adjoining properties. The above findings, and the specific additional square footage to be allowed in excess of the floor area requirements by grant of an exception under this Section, shall be determined by the Planning Commission according to the design review criteria set forth in Title 20 of this Code. If any one of the above findings has not been found to be true, the Planning Commission shall not grant an exception to the floor area requirements stated in this Section. Notwithstanding anything in the foregoing to the contrary, design review approval shall be required for the application prior to the grant of an exception under this Section, and any such grant of design review approval shall be made conditional upon the subsequent approval of the exception to the floor area requirements. 2. In determining to grant an application for a floor area exception under this Section, the Planning Commission shall also be guided by the following guidelines: a. A floor area exception is generally disfavored where the application proposed to create a new or expand an existing nonconformity on the property. For purposes of this Section, floor area in the existing structure that is in excess

5 of the requirements of this Chapter shall not be considered to be an "existing nonconformity" on the property, and the grant of a floor area exception hereunder shall not be deemed to create a "new nonconformity." Additionally, for purposes of this Section, where an applicant proposes to construct new and additional parking spaces, construction of parking structures or spaces within a setback shall not be deemed to create a nonconformity; b. A floor area exception is generally disfavored where the proposed new construction is a continuation, expansion, or subsequent phase of a project for which one or more variances were granted, which project was completed within two years prior to the floor area exception application. B. A person seeking to remodel or alter an existing structure which exceeds the maximum permitted floor area for the zone shall not be required to obtain a floor area ratio exception unless the alteration or remodel will result in a net increase in floor area on the lot. Notwithstanding the foregoing, if the proposed alteration is so extensive as to be deemed a demolition under this Title, the applicant shall be required to comply with all applicable zoning and design review standards. (Ord , 2000; Ord , 1998; Ord , 1995; Ord , 1992; Ord , 1991; Ord Density and open space R-2, R-3C and R-3 zones Requirements generally. No dwelling shall be constructed, altered, enlarged, placed, moved or maintained and no building permit therefor shall be issued in the R-2 zone, in the R-3C zone, or in the R-3 zone unless, in addition to the minimum lot area and other requirements imposed by this Chapter, the lot contains at least the minimum area and minimum usable open space set forth in Sections and (Ord Minimum area for each apartment R-2, R-3C. and R-3 zones. There shall be provided on each lot the following minimum area for each apartment, with the total lot area being at least equal to the total area for all such apartment units on the lot: A. R-2 zone. A minimum of four thousand square feet for each unit of three or more bedrooms, and a minimum of three thousand square feet for each unit of two or fewer bedrooms; B. R-3C and R-3 zones. A minimum of three thousand square feet for each apartment unit of three or more bedrooms, a minimum of two thousand five hundred square feet for each apartment unit of two bedrooms, and a minimum of two thousand square feet for each apartment unit of one bedroom. (Ord Minimum usable open space R-2, R-3C and R-3 zones. Each apartment on each lot shall have provided on such lot, for the use of such apartment's occupants, the following usable open space (consisting of outdoor spaces such as patios, courts, decks, balconies or other open space, provided in addition to the open space which naturally results from driveways, parking areas, access walks, drying and storage yards, required setbacks and yards, and the like), with private usable open space being for the exclusive use of the dwelling unit residents, and with a minimum of three square feet of common usable open space (open space shared with other apartment residents)

6 allowed as a substitution for each required two square feet of private usable open space. A. R-2 zone. A minimum of three hundred square feet of private usable open space shall be separately provided for each apartment, with the right to substitute three square feet of common usable space for each two square feet of required private usable open space. Landscaping of common open space shall be maintained by the lot owner. B. R-3C and R-3 zones. A minimum of two hundred square feet of private usable open space shall be provided for each apartment, with the right to substitute three square feet of required common usable open space for each two square feet of required private usable open space. Such private usable open space, if at or within four feet of ground level, shall be at least ten feet long or wide, with a physically usable area of at least one hundred fifty square feet; and if it is more than four feet above ground level, it shall be at least five feet long or wide with a physically usable area of at least fifty square feet. Common usable open space provided in lieu thereof shall be at least fifteen feet long or wide with a minimum physically usable-area of at least three hundred square feet, and with all landscaping maintained by the lot owner. (Ord Implementation of State density bonus law. When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the City pursuant to California Government Code Section et seq., the City shall provide the applicant incentives or concessions for the production of housing units and child care facilities as prescribed in California Government Code Section et seq. A. Requests for specific incentives or concessions under California Government Code Section et seq. shall be filed with the Planning Department on forms prescribed by the City. The City shall consider the request concurrently with the underlying development application. B. The City Council shall grant the concession or incentive requested by the applicant unless the City makes written findings, based upon substantial evidence, as required by California Government Code Section 65915(d)(1). The City Council shall include conditions necessary to meet the purpose and intent of the state density bonus law. (Ord , 2014)

Residential Density Bonus

Chapter 27 Residential Density Bonus 27.010 Purpose and Intent This chapter is intended to provide incentives for the production of housing for Very Low, Lower Income, Moderate or Senior Housing in accordance