Barton Brierley, AICP, Director of Community Development (Staff Contact: Laurie Suess (707) )

Transcription

1 Agenda Item No. 8A September 27, 2016 TO: FROM: SUBJECT: Honorable Mayor and City Council Attention: Laura C. Kuhn Barton Brierley, AICP, Director of Community Development (Staff Contact: Laurie Suess (707) ) PUBLIC HEARING TO CONSIDER APPROVAL OF THE RESIDENTIAL MEDIUM HIGH (RMH) DENSITY ZONING DISTRICT, CHANGES TO THE RESIDENTIAL HIGH (RH) DENSITY RANGE, AND OTHER CHANGES TO ADD THE RMH DISTRICT TO THE RESIDENTIAL USES WITHIN THE LAND USE & DEVELOPMENT CODE. THE ACTIONS RECOMMENDED TO THE CITY COUNCIL INCLUDE ADOPTION OF THE FOLLOWING: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE REAFFIRMING THE GENERAL PLAN UPDATE ENVIRONMENTAL IMPACT REPORT FOR THE RESIDENTIAL MEDIUM HIGH (RMH) DENSITY, RESIDENTIAL HIGH (RH) DENSITY, AND MANUFACTURED HOME PARK (MHP) ZONING DISTRICTS, THE RESIDENTIAL USE AND DEVELOPMENT STANDARDS, AND OTHER MINOR AMENDMENTS TO THE VACAVILLE MUNICIPAL CODE; AND ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE AMENDING CHAPTERS , , , TABLES AND OF THE VACAVILLE MUNICIPAL CODE TO CREATE THE RESIDENTIAL MEDIUM HIGH (RMH) DENSITY ZONING DISTRICT, AMEND THE RESIDENTIAL HIGH (RH) DENSITY AND MANUFACTURED HOME PARK (MHP) ZONING DISTRCTS, AMEND THE SUMMARY OF RESIDENTIAL USES TABLE TO INCLUDE THE RMH DISTRICT, AMEND THE RESIDENTIAL DISTRICT STANDARDS TO INCLUDE THE RMH DISTRICT, AND MAKE MINOR AMENDMENTS TO OTHER SECTIONS OF TITLE 14 OF THE CITY OF VACAVILLE MUNICIPAL CODE PREVIOUS COUNCIL ACTION: This proposed code amendment adds a new zoning district, Residential Medium High (RMH) density to the Land Use & Development Code (LU&DC). On August 23, 2016, the City Council voted 5-0 to continue this item to a date uncertain. At the hearing, the Council asked questions regarding family day care homes and their appropriateness in multi-family zoning districts. One speaker asked to allow pull apart townhomes as a building option within RMH. Planning staff, in conjunction with the City Attorney, have researched the question of whether or not small family day care homes (allowing up to 8 children) must be allowed by State law within multi-family zoning districts. State law clearly allows small family day care homes (with up to 8 children under the age of 10 that may reside in that unit), in single family dwelling units with the appropriate State approvals, licensing and inspections. Cities are pre-empted from imposing zoning, building and fire code

2 regulations regarding small family day care homes, with just a few eceptions. See Attachment 3. The law is somewhat ambiguous as to whether small family day care homes must be allowed in apartment units as well as single family dwellings. Staff reviewed various legal opinions (See Attachment 4), and sought the advice of the City Attorney. Based on this review, it appears that the law also applies to apartment units; cities must allow small family day care homes in apartment units, as well as single family dwellings. Under State law, small family day care homes used to allow up to 6 children, but the laws were later amended to allow up to 8 children, provided one child is at least 6 years of age and one is enrolled in school. The issue of pull apart townhomes is somewhat comple. A typical townhome is small, vertical style dwelling that is attached to other townhomes in a row. Sometimes each townhome, though attached to others, is individually owned. In recent years, some developers have created pull apart townhomes, where instead of being attached, each townhome is actually separated, sometimes by only a few feet. This can create the same appearance as a traditional row of townhomes, but it provides some marketing advantages for the builder. For eample, the townhome does not need to be advertised, insured or financed as an attached unit, which is simpler and more attractive for some buyers. The proposed amendment does provide a way for a developer to propose pull apart townhomes in the RMH District through a conditional use and planned development. However, such a proposal would be required to meet the design requirements for single family homes, which are not tailored for this kind of proposal. Thus, pull apart townhomes could be approved with many eceptions to the residential design standards. Staff will begin a revision of the single family design requirements later this year, therefore, staff recommends addressing this issue through that process. DISCUSSION: This project is to adopt proposed amendments to the Land Use and Development Code (LU&DC) to create Chapter , the Residential Medium High Density (RMH) Zoning District. This action will implement the General Plan land use chapter that reads as follows: Residential Medium High Density. This designation provides opportunities for higher density multi-family residential uses, including attached or detached townhomes, condominiums, and apartments, subject to appropriate standards. The base density is 14.1 units per gross acre, and the maimum potential density is 20 units per gross acre. The Housing Element Implementation Section of the General Plan altered the density range for the Residential High Density (RH) land use designation from 14.1 to 24.0 units per acre to 20.1 to 24.0 units per acre, leaving a density gap that was filled by creation of the RMH land use designation. This code amendment puts both the amended RH density range and the new RMH zoning district in place.

3 H.1 - I 15: High Density Residential (RHD) lands identified in the Residential Land Inventory shall be required to develop with a minimum density of 20 units per acre. Implementation: On an ongoing basis, as a part of the discretionary development review process, the Community Development Department will require RHD sites to be designed with a minimum density of 20 units per acre in order to implement the policies of the Housing Element. All recently approved high density projects have been constructed with an average density of 20 units per acre density, ecept for projects with density bonuses approved at higher densities. In addition to implementing the General Plan action, other minor tet amendments are proposed to provide additional clarification in the LU & DC. (2014 Housing Element, page 18) ENVIRONMENTAL REVIEW: The 2015 General Plan Update included the review and certification of the Program Environmental Impact Report (EIR) for the plan. The change in the density range was analyzed during review of the General Plan EIR. Staff analyzed the possible impacts of the Code amendments (Attachment 2). Under the findings required for re-affirming the General Plan EIR for this project, staff determined that the proposed code amendments will not result in new significant impacts or an increase in the severity of environmental impacts described in the 2015 General Plan Program Final EIR and no additional environmental review is required. PROJECT ANALYSIS: There is no specific development proposal for review and approval at this time. When a project is proposed, it will be required to go through the project review process as specified by the LU&DC. The required action directed by the General Plan includes: 1. Add the RMH district with a density range of units per acre and number this Chapter ; 2. Alter the density range in the RH district from units per acre to units per acre and re-number to Chapter ; 3. Re-number the MHP district to ; 4. Add the RMH district to the Summary of Residential Uses and table (Chapter and Table ); and 5. Amend the Residential Overlay (RO) standards to add the RMH district (Chapter ). These actions would implement the General Plan action as required.

4 FISCAL IMPACT: The Community Development Department s review and processing of this project is funded by Community Development resources. RECOMMENDATION: 1) By simple motion, adopt the subject resolution; and 2) By title only, introduce the subject ordinance. ATTACHMENTS: Resolution - Action Item Ordinance - Action Item Attachment 1: July 19, 2016 Planning Commission Minutes Attachment 2: Planning Commission July 19, 2016 Staff Report, Proposed Language, and Environmental Review Attachment 3: California Health and Safety Code Family Day Care Homes Attachment 4: Information from Child Care Law Center

5 RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE REAFFIRMING THE GENERAL PLAN UPDATE ENVIRONMENTAL IMPACT REPORT FOR THE RESIDENTIAL MEDIUM HIGH (RMH) DENSITY, RESIDENTIAL HIGH (RH) DENSITY, AND MANUFACTURED HOME PARK (MHP) ZONING DISTRICTS, THE RESIDENTIAL USE AND DEVELOPMENT STANDARDS, AND OTHER MINOR AMENDMENTS TO THE VACAVILLE MUNICIPAL CODE WHEREAS, the project, hereafter referred to as Project, consists of tet amendments to Chapters , Residential High Density (RH) zoning district, of the Vacaville Municipal Code to create the new Residential Medium High Density (RMH) zoning district, Chapter , to amend the density range allowed, to renumber Chapter , Manufactured Home Park (MHP) zoning district to become Chapter , to amend Table , Residential Districts Minimum Development Standards to add the RMH district, to amend Table , Summary of Uses in Residential Zoning to add the RMH district, and other minor numbering and referential changes; and WHEREAS, the Project implements the Housing Element portion of the General Plan which amended the density range for the Residential High (RH) Density district from dwelling units per acre to dwelling units per acre; and WHEREAS, the Project implements the Land Use chapter of the General Plan and creates the Residential Medium High (RMH) Density zoning district; and WHEREAS, the General Plan Update and Energy and Conservation Action Strategy Environmental Impact Report (EIR) was certified by the City Council on August 11, 2015 (Resolution ); and WHEREAS, the Planning Commission of the City of Vacaville conducted a public hearing on July 19, 2016 and voted 5-0 to recommend approval of Project; and WHEREAS, consistent with Sections and of the California Environmental Quality Act (CEQA), the Project is both considered to be eempt from a subsequent EIR and is within the scope of the certified General Plan Update and Energy and Conservation Action Strategy EIR; and WHEREAS, the City Council heard testimony from staff and other interested parties at the public hearing on August 23, 2016 and September 27, 2016, and on the basis of the factual information, as contained in the written record and the testimony giving at the public hearing, the City Council finds that with respect to reaffirming the General Plan Update and Energy and Conservation Action Strategy Environmental Impact (SCH ) for the tet amendments to Chapter , Residential Urban High Density Overlay District Uses and Development Standards, of Title 14, Land Use and Development Code, of the City Municipal Code that: 1. That the activity is within the scope of the project covered by the General Plan Update and Energy and Conservation Action Strategy Environmental Impact Report (EIR);

6 The General Plan Update and Energy and Conservation Action Strategy EIR was certified in August 2015 (SCH ). The EIR considered and analyzed the creation of the RMH district as a new designation to span the newly created gap between the Residential Medium (RM) density and Residential High (RH) density districts. 2. That no new significant effects would occur or no new mitigation measures would be required; Pursuant to CEQA Sections and 15168, and based on the analysis in the General Plan Update and Energy and Conservation Action Strategy EIR, the proposed amendments to Chapters , , , and Tables and , are within the scope of the original environmental review and the project does not result in new activities or impacts that were not already considered and disclosed in the adopted EIR and in the Findings of Fact and Statement of Overriding Considerations adopted by the City Council by Resolution That the Statement of Overriding Considerations, if any, adopted with the General Plan Update and Energy and Conservation Action Strategy EIR was prepared has been incorporated into the project approval; The City Council adopted a Statement of Overriding Considerations for significant unavoidable and cumulative impacts resulting from the adoption of the General Plan and the Energy and Conservation Action Strategy. The amendments to the Chapters , , , and Tables and implement the General Plan and are consistent with the Statement of Overriding Considerations for significant unavoidable and cumulative impacts adopted with the General Plan Update and Energy and Conservation Action Strategy EIR. Future development in the RMH, RH and MHP districts will be subject to project specific environmental analysis. 4. That feasible mitigation measures or alternatives adopted with the previous General Plan Update and Energy and Conservation Action Strategy EIR have been incorporated into the project approval; Amending Chapters , , , and Tables and is consistent with the project analyzed by the General Plan Update and Energy and Conservation Action Strategy EIR and does not result in impacts requiring mitigation. Future development of the RMH, RH, and MHP districts will be subject to project specific environmental analysis. 5. That no new environmental document would be required. Amending Chapter , the Residential Medium High Density zoning district, Chapter , the Residential High Density zoning district, Chapter , the Manufactured Home Park district, Table , Residential Districts Minimum Development Standards, and Table , Summary of Uses in Residential Zoning Districts, of the Title 14 Land Use and Development Code, of the City Municipal Code is an activity that was included in the General

7 Plan EIR analysis and therefore does not require any new environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vacaville hereby reaffirms the General Plan Update and Energy and Conservation Action Strategy EIR for the amendments to Chapter of Title 14, Land Use and Development Code, of the City Municipal Code. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 27th day of September, 2016, by the following vote: AYES: NOES: ABSENT: ATTEST: Michelle A. Thornbrugh, City Clerk

8 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE AMENDING CHAPTERS , , , TABLES AND OF THE VACAVILLE MUNICIPAL CODE TO CREATE THE RESIDENTIAL MEDIUM HIGH (RMH) DENSITY ZONING DISTRICT, AMEND THE RESIDENTIAL HIGH (RH) DENSITY AND MANUFACTURED HOME PARK (MHP) ZONING DISTRICTS, AMEND THE SUMMARY OF RESIDENTIAL USES TABLE TO INCLUDE THE RMH DISTRICT, AMEND THE RESIDENTIAL DISTRICT STANDARDS TO INCLUDE THE RMH DISTRICT, AND MAKE MINOR AMENDMENTS TO OTHER SECTIONS OF TITLE 14 OF THE CITY OF VACAVILLE MUNICIPAL CODE WHEREAS, the City of Vacaville has adopted a General Plan and a Land Use and Development Code set forth as Title 14 of the Vacaville Municipal Code; and WHEREAS, the City of Vacaville adopted the latest update to the General Plan on August 11, 2015; and WHEREAS, the General Plan includes the Residential Medium High Density (RMH) land use designation; and WHEREAS, it is necessary to amend Title 14 of the Vacaville Municipal Code in order to maintain the order of density allowed in the listings of the zoning districts set forth in Chapter 14.09; and WHEREAS, in order to create the RMH zoning district and to make Division internally consistent, certain portions of Division14.09 need to be amended and renumbered; and WHEREAS, on July 19, 2016 the Vacaville Planning Commission held a hearing and recommended approval of amendments to create the RMH zoning district and to amend portions of the RH, MHP, and other development standards language; and WHEREAS, the City Council does hereby find that the project is within the scope of the Program Environmental Impact Report for the General Plan pursuant to Sections and of the California Environmental Quality Act (CEQA) Guidelines and that no further environmental review or documentation is required for the proposed addition of Chapter , and amendments to Chapters , , , Chapter , Section , and Tables and of the Vacaville Municipal Code as set forth herein. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF VACAVILLE DOES ORDAIN AS FOLLOWS: Note: Added tet is shown in double underline Deleted tet is shown in strikeout 1

9 SECTION 1. Amendment of Table , Residential Districts-Minimum Development Standards of the Vacaville Municipal Code. Table , entitled Residential Districts- Minimum Development Standards is hereby amended to read in full as follows: TABLE RESIDENTIAL DISTRICTS MINIMUM DEVELOPMENT STANDARDS (These standards apply to permitted and conditional uses in residential districts. These are minimum standards. Greater standards may be required as a condition of project approval.) Zoning District (See Note 1) Density Standards Indicator (See Note 2) Min. Lot Area (acres or sq. ft.) (See Note 3) Permitted Use/Conditional Use Min. Site Width (ft.) Perm/ Cond RR.1 to.4 10 ac 10 acres / 10 acres 400 / ac. 5 acres / 5 acres 250 / ac 2.5 acres / 2.5 acres 200 / 200 RE.5 to ac. 1 acre / 1 acre 150 / ,000 / 1 acre 100 / ,000 / 30, / ,000 / 24, / ,000 / 20, / 100 RL ,000 / 20, / ,000 / 16, / ,000 / 12, / ,000 / 12, / 100 Min. Site Width Corner Lots (ft.) Perm/ Cond 400 / / / / / / 130 Min. Site Depth (ft.) Perm/ Cond 200 / / / / / / / / / / / / / / / / / / 100 Min. Front Yard (ft.) (See Note 4) Perm/ Cond 50 / / / / / / / / / / / / Min. Front Setback to Unenclosed Porch (ft.) 2

10 RLM ,500 / 12, / ,600 / 12, / 100 C (clustered) 10 acres / 12,000 (project area) RM n/a 7.5 acres / 12,000 (project area) RMH RH n/a 5 acres/ 12,000 (project area) n/a 5 acres / 12,000 (project area) MHP n/a 10 acres (project area) 400 / / / / / / / / / / / / / / / / / / / (to public street) 20 / /20 n/a 20 / 20 n/a n/a TABLE RESIDENTIAL DISTRICTS MINIMUM DEVELOPMENT STANDARDS (Continued) (These standards apply to permitted and conditional uses in residential districts. These are minimum standards. Greater standards may be required as a condition of project approval.) Zonin g Distric t (See Note 1) Min. Side Yard (ft.) (See Note 5) Perm / Cond RR 30 / / / 20 RE 20 / 20 Min. Side Yard Stree t Side (ft.) (See Note 6) Perm / Cond 30 / / / / 25 Min. Rear Yard (ft.) (See Note 7) Perm / Cond 40 / / / / 40 Min. Site Frontag e on a Public Street (ft.) (See Note 8) Perm/ Cond 100 / / / / 100 Min. Setback Adjoinin g a Freeway, Arterial, or Railroad ROW (ft) (See Note 9) Perm/ Cond Min. Distance Between Structure s (ft.) (See Note 10) Perm/ Cond Ma. Site Coverag e (%) (See Note 13) Perm/ Cond Ma. Buildin g Height (ft.) (See Note 11) Perm/ Cond 40 / / 10 5 / 5 40 / 40 n/a 40 / / 10 5 / 5 40 / 40 n/a 40 / / / / 40 n/a 40 / / / / 40 n/a 20 / 20 / 20 / 40 / / / / / 40 n/a Alternate Housing Configuratio n Requirement (See Note 12) 3

11 / & 15 /20 10 / 20 RL 10 / 20 RLM 10 & 5 / & 5 / & 5 / & 5 / 20 or 5 & 5 / 20 or 0 & 12 / 20 5 & 5 / 20 or 0 & 10 / / / / / / / / / / / / / / / / / / / / / / 20 RM / 20 RH / / / / / / 40 n/a 40 / / / / / 40 n/a 40 / / / / / 30 n/a 40 / / / / / 30 n/a 40 / / / / / 30 n/a 40 / / / / / 30 n/a 40 / / / / / % 40 / / / / / % 40 / / / / / % 40 / / / / / % 40 / / / n/a 40 / / / n/a MHP n/a RR: Residential Rural RLM-C: Residential Low Medium Density-Clustered Units RE: Residential Estates RM: Residential Medium Density RL: Residential Low Density RMH: Residential Medium High Density RH: Residential High Density 4

12 RLM: Residential Low Medium Density MHP: Manufactured Housing Park, Including Mobile Homes FOOTNOTES TO TABLE (1) Zoning District: For the RM, RMH, RH, MHP, and certain projects in the RLM-C district, the standards refer to the perimeter of the project site. (2) Clustered Units: The RLM-C standards indicator applies to projects consisting entirely of units that are located in close proimity to each other, either attached or detached, generally with private streets and common open areas, and which are not a standard lot pattern where each individual lot or unit fronts on a public street. (3) Lot Area: (4) Front Yard: a. For the RLM-C, RM, RMH, and RH districts, the minimum area requirement refers to the total development area of a new project site. b. Lots which were in eistence prior to the enactment of this ordinance (November 22, 1996) are developable subject to the requirements of this chapter. c. For the RR and RE districts, the minimum area requirement for a corridor access lot shall be one (1) acre or the minimum lot size for the district, whichever is greater, eclusive of the corridor area. d. For the RM, RMH, and RH districts, the minimum area requirement for a corridor access lot shall be fifteen thousand (15,000) square feet or the minimum lot size for the district, whichever is greater, eclusive of the corridor area. a. All Districts: i. Infill standards may apply; Section should be reviewed for standards applicable to infill projects. ii. iii. iv. For projects on private streets, setbacks may be established as part of the planned development process. Overhanging architectural features such as sills, cornices, and eaves without posts may etend into the required front yard up to si (6) feet. This applies to the required front yard and does not apply to the front setback for porches. Eterior accessibility retrofitting for reasonable accommodations for singlefamily detached units shall be subject to administrative design review and shall be permitted in setback areas when compliant with the Americans with Disabilities Act design guidelines. 5

13 b. RR, RE, RL, and RLM Districts: i. To encourage variation in front yard setbacks, a front yard setback between eighteen (18) feet and twenty two (22) feet may be allowed in the RL-8, 6, 5, and 4.5 districts when the average front yard setback on the street is twenty (20) feet. ii. iii. In the RLM-3.6 district, the front setback of fifteen (15) feet may be applied only to the house, and not to the garage. The minimum setback to the garage shall be eighteen (18) feet. For RLM-4.5 and RLM-3.6: these are minimum standards for detached structures on public streets; other project standards may be altered through a planned development if fronting on a private street. c. RLM-C, RM, RMH, and RH Districts Permitted Uses: i. For RLM-C, the fifteen (15)-foot setback applies to attached single-family projects. Perimeter standards apply for other attached projects. ii. iii. iv. On a site situated between sites improved with eisting multifamily development, the minimum front yard shall be the average depth of the front yards of the adjoining sites; however, a depth of ten (10) feet greater than the minimum front yard shall not be required; Where a site is situated between sites which are not improved with buildings and where sites comprising forty (40) percent of the frontage on a block are improved with buildings, the minimum front yard shall be the average of the eisting front yards on the block; however, a depth of ten (10) feet greater than the minimum shall not be required; To promote variation in front yard setbacks, when a multifamily development includes two or more adjoining structures, the decision-maker may require variation in front yard depths; provided, that the average front yard depth shall be not less than the minimum depth required. (5) Side Yards: a. All Districts: i. Infill standards may apply; Section should be reviewed for standards applicable to infill projects. ii. iii. For projects on private streets, setbacks may be established as part of the planned development process. Architectural features such as sills, cornices, and eaves may etend into the required side yard or a space between structures up to two (2) feet. 6

14 Chimneys may etend into the required side yard or a space between structures up to two and a half (2.5) feet. iv. Eterior accessibility retrofitting for reasonable accommodations for singlefamily detached units shall be subject to administrative design review and shall be permitted in setback areas when compliant with the Americans with Disabilities Act design guidelines. b. RR, RE, RL, and RLM Districts: i. In the RLM-4.5 and RLM-3.6 districts, the zero(0)- and twelve (12)-foot and zero- and ten (10)-foot setbacks refer to zero (0) lot lines. Two (2) zero lot line setbacks may not abut each other. ii. iii. iv. Where a two(2)-story portion of a structure or a portion of a structure eceeding fifteen (15) feet in height is located closer than fifteen (15) feet to a side property line, the minimum building setback shall be no less than ten (10) feet. In the RLM-3.6 district, a side yard abutting any two (2)-story portion of the structure may be seven (7) feet. For subdivisions approved prior to the enactment of the ordinance codified in this chapter (July 10, 1997), an eisting dwelling which no longer conforms to a setback standard may be etended along the eisting legally established building lines; provided, that the etension does not increase the degree of nonconformity of the building on the site; and provided, that any addition is no greater than one (1) story in height. v. In the RLM-4.5 district, for dwellings with five (5)- and five (5) -foot setbacks, the following special standards apply: dwellings must be single story, and have a recessed garage located a minimum of five (5) feet behind the front line of the habitable portion of the unit which contains the front entry to the dwelling and a covered porch. vi. In the RLM district, garages located in the rear portion of the yard may be zero lot line. c. RLM-C, RM, RMH, and RH Districts Permitted Uses: i. For eisting lots of record established prior to the enactment of the ordinance codified in this chapter (November 22, 1996) with a total area of one (1)acre or less, the minimum side yard shall be five (5) feet, subject to the following adjustments: d. An additional five (5) feet shall be added for each story above the first story. e. A side yard providing access to more than one dwelling unit shall be a minimum of fifteen (15) feet 7

15 (6) Side Yard/Street Side: a. All Districts: i. Infill standards may apply; Section should be reviewed for standards applicable to infill projects. ii. iii. iv. For projects on private streets, setbacks may be established as part of the planned development process. The minimum setback to a garage door shall be eighteen (18) feet. Eterior accessibility retrofitting for reasonable accommodations for singlefamily detached units shall be subject to administrative design review and shall be permitted in setback areas when compliant with the Americans with Disabilities Act design guidelines. (7) Rear Yard: b. RLM-C, RM, RMH, and RH Districts Permitted Uses: i. For eisting lots of record established prior to the enactment of the ordinance codified in this chapter (November 22, 1996) with a total area of one (1) acre or less, the minimum side yard shall be ten (10) feet a. All Districts: Infill standards may apply; Section should be reviewed for standards applicable to infill projects. b. RR, RE, RL, and RLM Districts: i. On a reversed corner lot, the minimum rear yard may be not less than the minimum side yard for the district, provided that the side yard adjoining the street shall be not less than the required front yard of the adjoining key lot. ii. In the RLM-4.5 district, the required rear yard may be reduced to fifteen (15) ft. if an average setback of twenty (20) ft. is provided. iii. iv. Architectural features such as sills, chimneys, cornices, and eaves may etend into the required rear yard up to si (6) ft. In the RLM District, garages located in the rear portion of the yard may be zero lot line. v. If the garage is located in the rear yard as an alternative configuration design, the rear yard setback and coverage standards may be adjusted through a planned development. vi. Attached, unenclosed patio covers and enclosed solarium rooms may be located in the required rear yard provided that they shall be at least ten (10) 8

16 ft. from the rear property line. If enclosed on more than one side, the area of the structure in the required rear yard shall be included as part of the rear yard coverage regulations. Enclosed solarium rooms shall be entirely enclosed in clear material such as glass or pleiglass ecept for the side or sides attached to the main structure. vii. For subdivisions approved prior to the enactment of this ordinance (July 10, 1997), an eisting dwelling which no longer conforms to a setback standard, may be etended along the eisting legally established building lines provided that the etension does not increase the degree of non-conformity of the building on the site and provided that any addition is no greater than one story in height. c. RLM-C, RM, RMH, and RH Districts Permitted Uses: i. For eisting lots of record established prior to the enactment of this ordinance (November 22, 1996) with a total area of one (1) acre or less, the following shall apply: a. The rear yard may be reduced to not less than fifteen (15) ft. provided one side yard is not less than twenty five (25) ft. b. One foot shall be added to the rear yard for each two (2) ft. of height above the lowest fifteen (15) ft. c. On a reversed corner lot, the minimum rear yard may be not less than the minimum side yard for the district, provided that the side yard adjoining the street shall be not less than the required front yard of the adjoining key lot. (8) Site Frontage on a Public Street: a. More than one (1) connection to the public street may be required. b. The minimum frontage for a corridor access lot shall be thirty (30) feet. (9) Setback for Sites Adjoining a Freeway, Arterial, or Railroad Right-of-Way: a. Infill standards may apply; Section should be reviewed for standards applicable to infill projects. b. Setback shall be forty (40) ft. from property line or fifty (50) ft. from face of curb on an arterial street. c. Alternate standards apply for accessory structures. See Section of this chapter. (10) Distance Between Structures: 9

17 a. Infill standards may apply; Section should be reviewed for standards applicable to infill projects. b. The minimum distance for structures means either the distance between two (2) structures meant for human habitation, or the distance between a structure meant for human habitation and another structure, ecept that for accessory structures, the minimum distance shall be as provided for in Section , Accessory Structures, of this chapter. (11) Maimum Building Height Eceptions to the maimum height limitations for all buildings and structures are authorized as follows: a. Electric utility poles and transmission towers shall not be subject to the height limits prescribed in the district regulations. b. Telecommunication facilities shall comply with the provisions of Chapter , Telecommunication Facilities; c. Towers, spires, cupolas, chimneys, penthouses, water tanks, flagpoles, monuments, scenery lofts, fire towers, and other similar structures and necessary mechanical appurtenances covering not more than ten (10) percent of the ground area covered by the structures may be erected to a height not more than twenty five (25) feet above the height limit prescribed by the regulations for the district in which the site is located. (12) Alternate Housing Configuration. See requirements in accordance with Section (13) Site Coverage Eception for Additions: Maimum site coverage may be eceeded by an addition to an eisting building, such as a porch, attached patio cover, or room addition, provided such addition does not add more than 120 square feet gross floor area to the building as originally constructed. SECTION 2. Adding Chapter , Residential Districts-RMH Residential Medium High Density District of the Vacaville Municipal Code. The following is hereby added as Chapter of the Vacaville Municipal Code, and to be entitled Residential Districts-RMH, Residential Medium High Density District. Sections: Chapter Residential Districts RMH, Residential Medium High Density District Purpose Permitted and Conditional Uses Special District Provisions Purpose. 10

18 The RMH-Residential Medium High Density district provides for medium to high density multifamily housing such as attached townhouses, condominiums, and apartments. The allowed density ranges from fourteen pt. one (14.1) to twenty (20.0) units per gross developable acre. The RMH district is established to achieve the following purposes: A. To reserve appropriately located areas for medium high density, multi-family residential development; B. To ensure a mi of housing types to meet the diverse needs of the citizens of Vacaville; C. To allow for the establishment of other appropriate uses which are determined to be compatible with the intent of the district. This chapter establishes the permitted and conditional uses for the district, consistent with the goals, objectives, and policies of the General Plan and of this Development Code. Chapter , entitled Residential Districts- Residential Districts Development Standards, should be reviewed for a thorough understanding of the development standards that apply to this district Permitted and Conditional Uses Permitted uses in the RMH District may be allowed as shown in Table of this code. Conditional uses in the RMH District may be allowed as shown in Table of this code, subject to approval of a conditional use permit in accordance with Section , of this code, entitled Land Use Permits and Approvals, Conditional Use Permits Special District Provisions. The following special district provisions shall apply to the following uses: A. Private open space yard, patio, or balcony area shall be provided for all residential units, subject to design review approval. B. Common open space recreational area shall be provided for all residential projects which consist of ten (10) or more units. Such open space recreational area shall include active recreation facilities such as picnic areas, tot lots, sports courts, swimming pools, club rooms, and other similar facilities, of a size commensurate with the size of the project, subject to design review and planned development approval. The intent of these private facilities is to provide onsite recreation activities for the residents of the project. The facilities are not intended as a replacement for the large scale recreation facilities that are provided in public parks. C. Within sity (60) days of final approval of a multi-family residential project or the effective date of a zoning district change or a General Plan amendment to the RMH residential district, the property owner shall install a sign along each street frontage that identifies the property as a planned site for multi-family housing. The sign shall be a minimum of thirty two (32) square feet in area with a maimum height of ten (10) feet. The location, design, and copy of the sign shall be submitted for review and approval by the Director. 11

19 D. For attached single family projects in the RMH district, the standards for required front and rear yards, coverage, and setbacks may be adjusted through a planned development approval. The Conditions, covenants, and restrictions for the project shall include the standards established through the planned development or design review process, and any restrictions or limitations that may be applicable to future improvement of lots within the subdivision. E. Multi-family residential structures may be designed as a townhome style unit or as other traditional apartment and condominium styles. Multi-family residential structures may be within a subdivision where each unit may be under individual ownership, but may also be designed for lease or rent. SECTION 3. Amendment of Chapter , Residential Districts-RH, Residential High Density District, of the Vacaville Municipal Code. Chapter entitled Residential Districts- RH, Residential High Density District of the Vacaville Municipal Code is hereby renumbered and amended to read in full as follows: Chapter Residential Districts RH, Residential High Density District Sections: Purpose Uses Grouped Under Subheadings Permitted and Conditional Uses Conditional Uses Special District Provisions Purpose. The RH-Residential High Density district provides for higher density multi-family housing including townhouses, condominiums, and apartments. The allowed density ranges from 14.1 twenty point one (20.1) to twenty four (24.0) units per gross developable acre, with a minimum project area of five (5.0) acres. The RH district is established to achieve the following purposes: A. To reserve appropriately located areas for high density, multi-family residential development; B. To ensure a mi of housing types to meet the diverse needs of the citizens of Vacaville; C. To allow other appropriate uses which are determined to be compatible with the intent of the district. This chapter establishes the permitted and conditional uses for the district, consistent with the goals, objectives, and policies of the General Plan and of theis Development Code. Chapter , of this code, entitled Residential Districts - Residential Development Standards, should be reviewed for a thorough understanding of the development standards which that apply to this district. 12

20 Uses Grouped Under Subheadings. A use may be listed individually or may be grouped under a general subheading such as Manufactured Housing Park. The subheadings are defined in the Definitions Division of this Title. Each subheading lists the uses which are included within that particular category of use. Uses which are specifically ecluded from a particular category are also identified. The Definitions Division should be consulted in order to determine accurately whether a particular use is allowed within the zoning district Permitted and Conditional Uses. A. Permitted uses in the RH District may be allowed as shown in Table of this code. Conditional uses in the RH District may be allowed as shown in Table , of this code, subject to approval of a conditional use permit in accordance with Section , of this code, entitled Land Use Permits and Approvals, Conditional Use Permits. The following are Permitted uses the RH district, and include: 1. Accessory uses and structures to a permitted use; 2. Multi-family dwellings, and accessory uses, in accordance with Section B. of this division; 3. Lodging houses; 4. Non-conforming single family dwellings, legally established prior to the enactment of this ordinance (August 23, 1996), in accordance with the provisions of Chapter , Non-Conforming Uses and Structures, of this division; and accessory uses, in accordance with the provisions of Section A. of this division; 5. Growing of fruit and nut trees, vegetables, grains, field crops, and horticultural specialties; 6. Membership organization facilities if property has primary frontage on an arterial street, as designated in the General Plan, and structure or outdoor activity is 100 feet or more from a property line of a lot zoned or developed residential; a. Accessory uses in accordance with the requirements in the Definitions Section of this Title, Section ; 7. Temporary, on-site subdivision sales office; 8. Relocated structures, subject to the provisions of Chapter , Relocation Permits, of this division; 9. Telecommunication facility, minor, in accordance with the provisions of Chapter , Telecommunication Facilities, of this division. 13

21 Conditional Uses. A. The following conditional uses may be allowed in the RH district upon the granting of a conditional use permit in accordance with the provisions of Chapter of this division, and includes: 1. Accessory uses and structures to a conditional use; 2. Day care centers; 3. Community care facilities, large, serving seven or more persons, as defined in Division of this Title; 4. Manufactured housing parks consistent with the density of the district, and accessory uses in accordance with Section B. of this division; 5. Membership organization facilities when property has primary frontage on a collector or local street or structure/outdoor activity is less than 100 feet from the property line of lot zoned for or developed with residential uses; a. Accessory uses in accordance with the requirements in the Definitions Section of this Title, Chapter ; 6. Museums, and art galleries, on a site less than two acres in size; 7. Public safety facilities on a site less than two acres in size; 8. Private, non-commercial clubs and lodges legally established prior to the effective date of this ordinance (August 23, 1996); 9. Public playgrounds, parks, and neighborhood recreation centers on a site less than two acres in size; 10. Public utility and public service buildings and structures on a site less than two acres in size; 11. Schools, public or private; 12. Attached single family dwellings on individual lots within a redevelopment project area, subject to the approval of a planned development in accordance with the provisions of Chapter C. of Chapter , Planned Developments, of this division; 13. Telecommunication facility, major, in accordance with the provisions of Chapter , Telecommunication Facilities, of this division Special District Provisions. The following special district provisions shall apply to the following uses: 14

22 A. Multi-family residential projects located adjacent to or across a non-arterial street from an eisting single family residential subdivision with a minimum lot area greater than four thousand (4,500) square feet, may be subject to the Infill Standards for Residential Development, in accordance with Section of this division. B. Private open space yard, patio, or balcony area shall be provided for all residential units, subject to design review approval. C. Common open space recreational area shall be provided for all multi-family residential projects which that consist of ten (10) or more units. Such open space recreational area shall include active recreation facilities such as picnic areas, tot lots, sports courts, swimming pools, club rooms, and other similar facilities, of a size commensurate with the size of the project, subject to design review approval. The intent of these private facilities is to provide on-site recreation activities for the residents of the project. The facilities are not intended to as a replacement for the large scale recreation facilities that are provided in public parks. D. Within sity (60) days of final approval of a multi-family residential project or the effective date of a zoning district change or a General Plan amendment to the RM or Residential High (RH) residential district, the property owner shall install a sign along each street frontage, which identifies the property as a planned site for multi-family housing. The sign shall be a minimum of thirty two (32) square feet in area with a maimum height of ten (10) feet. The location, design, and copy of the sign shall be submitted for review and approval by the Director. E. For multi-family residential projects on individual lots, the standards for required rear yard, coverage, and setbacks may be adjusted through a the planned development approval. The Conditions, Ccovenants, and Rrestrictions for the project shall include the standards established through the a planned development approval and any restrictions or limitations that may be applicable to future improvement of lots within the subdivision. SECTION 4. Amendment of Chapter , Residential Districts-MHP, Manufactured Housing Park District, of the Vacaville Municipal Code. Chapter , entitled Residential Districts-MHP, Manufactured Housing Park District, of the Vacaville Municipal Code is hereby renumbered and amended to read in full as follows: Sections: Chapter Residential Districts MHP, Manufactured Housing Park District Purpose Uses Grouped Under Subheadings Permitted and Conditional Uses Conditional Uses Special District Provisions. 15

23 Purpose. The MHP-Manufactured Housing Park district allows for manufactured housing, as defined in Division of this Title, and manufactured housing parks, subject to the approval of a planned development, with a density of si (6.0) to ten (10.0) units per gross developable acre. The MHP district is established to achieve the following purposes: A. To provide opportunities for manufactured housing parks, including projects where sites are rented or leased or where sites are individually owned, which provide an alternative form of housing to the site-built single family dwelling; B. To provide a mi of housing types to meet the needs of the citizens of Vacaville; C. To allow for the establishment of other appropriate uses which are determined to be compatible with the intent of the district. This chapter establishes the permitted and conditional uses for the district, consistent with the goals, objectives, and policies of the General Plan and theis Development Code. Chapter , entitled Residential Districts, Residential Districts Development Standards, should be reviewed for a thorough understanding of the development standards which that apply to this district Uses Grouped Under Subheadings. A use may be listed individually or may be grouped under a general subheading such as Manufactured Housing Park. The subheadings are defined in the Definitions Division of this Title. Each subheading lists the uses which are included within that particular category of use. Uses which are specifically ecluded from a particular category are also identified. The Definitions Division should be consulted in order to determine accurately whether a particular use is allowed within the zoning district Permitted and Conditional Uses. Permitted uses in the MHP District may be allowed as shown in Table of this code. Conditional uses in the MHP District may be allowed as shown in Table of this code, subject to approval of a conditional use permit in accordance with Section , of this code, entitled Land Use Permits and Approvals, Conditional Use Permits. A. The following are permitted uses in the MHP district 1. Accessory uses and structures to a permitted use; 2. Manufactured housing parks, consistent with the density of the district, and accessory uses, in accordance with Section B of this division; 3. Growing of fruit and nut trees, vegetables, grains, field crops, and horticultural specialties; 16

24 4. Membership organization facilities if property has primary frontage on an arterial street, as designated in the General Plan, and structure or outdoor activity is 100 feet or more from a property line of a lot zoned or developed residential; a. Accessory uses in accordance with the requirements in the Definitions Section of this Title, Section ; 5. Temporary, on-site subdivision sales offices; 6. Relocated structures, subject to the provisions of Chapter , Relocation Permits, of this division; 7. Telecommunication facility, minor, in accordance with the provisions of Chapter , Telecommunication Facilities, of this division Conditional Uses. The following conditional uses are allowed in the MHP district upon the granting of a conditional use permit, in accordance with the provisions of Chapter of this division, and includes: A. The following conditional uses are allowed in the MHP district upon the granting of a conditional use permit, in accordance with the provisions of Chapter of this division, and includes: uses are allowed in the MHP district upon the granting of a conditional use permit, in accordance with the provisions of Chapter Membership organization facilities when property has primary frontage on a collector or local street or structure/outdoor activity is less than 100 feet from the property line of lot zoned for or developed with residential uses; a. Accessory uses in accordance with the requirements in the Definitions Section of this Title, Section ; 2. Public playgrounds, parks, and neighborhood centers on a site less than two acres in size; 3. Public utility and public service buildings and structures on a site less than two acres in size 4. Telecommunication facility, major, in accordance with the provisions of Chapter , Telecommunication Facilities, of this division Special District Provisions. A. Common open space recreational area shall be provided for residents of the manufactured housing park. Such open space recreational area shall include active recreation facilities such as picnic areas, tot lots, sports courts, swimming pools, club rooms, and other similar facilities, of a size commensurate with the size of the project, subject to planned development approval. The intent of these private facilities is to provide on-site recreation 17