ATTACHMENT 1.
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING PROVISIONS OF LAND USE REGULATION TABLES 13-6.1 AND 13-15.1; SECTION 13-35.320 AND SECTION 10-2.904 OF THE HERCULES MUNICIPAL CODE FOR CONSISTENCY WITH STATE LAW REGARDING ACCESSORY DWELLING UNITS AND SENATE BILL 9 LOT SPLITS AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, on January 12, 2021, Hercules City Council held a properly noticed public hearing and adopted Ordinance No. 531 approving Zoning Text Amendment #20-03, repealing and replacing Section 13.35.320 of the Hercules Municipal Code related to Accessory Dwelling Units; and WHEREAS, on June 28, 2022, the City Council held a properly noticed public hearing and adopted Ordinance No. 540 amending Hercules Municipal Code Title 10 (“Land Use”), Chapter 2 (“Subdivisions”) and Title 13 (“Zoning Ordinance”) establishing regulations for the subdivision and development of qualified Senate Bill 9 (SB 9) properties; and WHEREAS, following review by the California Department of Housing and Community Development of the ADU Ordinance the City proposes to update its requirements of the Municipal Code to conform to current state law; and WHEREAS, on September 28, 2022, Senate Bill 897 was approved by the Governor of State of California and filed with the Secretary of State, amending Section 65852.2 of the California Government Code and adding Section 65852.23 and amending Section 17980.12 of the Health and Safety Code relating to land use; and WHEREAS, on September 28, 2022, Assembly Bill 2221 was approved by the Governor of the State of California and filed with the Secretary of State, amending Section 65852.2 of the California Government Code relating to land use; and WHEREAS, the zoning text amendment would implement Government Code Sections 65852.2, 66452.6, 65852.21, 66411.7, and 65852.23 of the Government Code and section 17980.12 of the Health and Safety Code within the City of Hercules in a manner that is consistent with the requirements of state law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS. The City Council hereby incorporates the above recitals into this Ordinance by this reference.
SECTION 2. ENVIRONMENTAL REVIEW Under Public Resources Code Section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of the proposed ordinance amendments by a city or county to implement the provisions of Section 65852.1 or 65852.2 of the Government Code (the state ADU law), and under California Government Code Sections 65852.21(j) and 66411.7(n), the adoption of an ordinance implementing the provisions of SB 9 is exempt from the requirements of the California Environmental Quality Act as such, the adoption of the ordinance is exempt from CEQA.
SECTION 3. AMENDMENTS
Sec. 13-35.320 Accessory Dwelling Units.
1. Purpose. This Section is intended to implement the General Plan policies which encourage accessory dwelling units (ADUs) on residential parcels, and is also intended to address the State’s ADU provisions as set forth in Government Code Section 65852.1 et seq. ADUs are commonly referred to as second units, in-law-units, and accessory-apartments, and contribute needed housing to the City’s housing stock. ADUs do not exceed the allowable density for the lot and are consistent with General Plan and zoning designations.
2. Building Permit Required. The Planning Director shall ministerially approve building permits for ADUs in compliance with this Section. No public hearing or any additional permit shall be required of applicants seeking approval of an ADU pursuant to this Section. The Planning Director shall act on the application to create an ADU within 60 days from the date an application is complete if there is an existing single-family or multifamily dwelling on the lot. If the application involves an ADU where there is also an application for a new single-family dwelling on the lot, then the Planning Director may delay action on the ADU application to coincide with the single-family dwelling application as long as the Director applies the ministerial review required by this Section. Applicants may request a delay or waive the 60-day approval period. Applications for ADUs not meeting the requirements of this Section are subject to the administrative use permit requirements set forth in Chapter 13-50.
3. Definitions.
“Accessory dwelling unit (ADU)” shall consist of complete independent living facilities for 1 or more persons including permanent provisions for sleeping, living, eating, cooking, and sanitation. An ADU shall have exterior entrance separate from the primary dwelling. An efficiency unit as defined in Health and Safety Code Section 17958.1 and a manufactured home as defined in Health and Safety Code Section 18007 are considered ADUs. “ADU within existing space” or “JADU within existing space” means an ADU or JADU within the living area of an existing primary dwelling, within an attached or detached garage, or within other permitted accessory structure. An ADU within existing space may include an expansion of up to 150 square feet beyond the physical dimensions of the existing structure to accommodate ingress and egress. “Attached ADU” means an ADU that is attached to an existing or proposed primary dwelling or accessory structure. “Detached ADU” means an ADU that is not attached to an existing or proposed primary dwelling or accessory structure. “Junior accessory dwelling unit (JADU)” means an ADU that is no more than 500 square feet in size and contained entirely within the walls of an existing or proposed single-family residence and which may or may not share sanitation facilities with the existing structure. “Living area” includes the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
4. Lot Requirements. ADUs are allowed in single-family and multifamily residential zoning districts where there is exactly 1 conforming single-family residence or at least 1 conforming multifamily building on the parcel or proposed for the parcel. Except as specified in subsection 10 of this Section, a maximum of 1 ADU is allowed on a single-family lot. The City will not approve a building permit for an ADU unless and until the City receives the following:
A. Deed Restriction. A copy of a recorded deed restriction that complies with Government Code Section 27281.5, and states that the ADU will not be rented for less than 30 days and that the ADU will not be sold separately from the primary residence; and B. Fees.
1) ADUs containing 750 or more square feet are subject to any fees for residential units required by the City’s Master Fee Schedule as it exists at the time the ADU application is filed. Fees shall be charged in proportion to the square footage of the primary dwelling (e.g., a 1,000-square-foot ADU would be charged 50 percent of the applicable fee if the primary dwelling is 2,000 square feet). ADUs on lots with a single-family residence are subject to single-family unit fees, while ADUs on lots with a multifamily residence are subject to multifamily unit fees. All fees are subject to the requirements of Government Code Section 65852.2 and the Mitigation Fee Act. 2) ADUs within existing space and ADUs containing less than 750 square feet are not subject to fees under this subsection (4)(B). 3) Notwithstanding the requirements of this subsection (4)(B), unless an ADU is constructed with a new single-family dwelling, it is not considered a “new” residential use for the purpose of calculating any connection fees, sewer facilities fees, or capacity charges. ADUs not constructed with a new single-family home are only subject to connection fees, sewer facilities fees, and capacity charges to the extent that such fees and charges apply to existing uses.
5. Development Standards.
A. ADUs Within Existing Space. An ADU within existing space or and a JADU within existing space is are permitted as long as the side and rear setbacks are sufficient for fire and safety. No other development standards in this Section apply to ADUs and JADUs within existing space, except that:
1) Only 1 ADU within existing space or and 1 JADU within existing space is are allowed per lot unless a building permit or permits are obtained for multiple ADUs under subsection (10)(A) of this Section; 2) Garage spaces converted to ADUs shall replace garage doors with walls, windows, and/or doors rated by building code for habitable spaces.
B. Attached ADUs. Attached ADUs shall comply with the following requirements:
1) If the attached ADU contains 1 bedroom, it shall not exceed 850 square feet. If the attached ADU contains more than 1 bedroom, it shall not exceed 1,000 square feet. 2) All other development standards required by this subsection (5).
C. Detached ADUs. Detached ADUs shall comply with the following requirements:
1) If the detached ADU contains 1 bedroom, it shall not exceed 850 square feet. If the detached ADU contains more than 1 bedroom, it shall not exceed 1,000 square feet. 2) Detached ADUs shall have individual addresses separate from the primary residence. Addresses shall be displayed on the ADU building so that it is clearly visible and legible from the street or adjacent alley. If the ADU is located on the property such that it cannot be seen from a street or alley, the property shall post a sign or display some other type of marker in the front yard with the ADU address on it, subject to Fire District approval. 3) All other development standards required by this subsection (5).
D. Setbacks. No setbacks shall be required for ADUs within existing space as long as side and rear setbacks are sufficient for fire safety. A setback of 4 feet from side and rear lot lines is required for all other ADUs. No ADU shall be built over utility easements or recorded setbacks. No passageway between an ADU and an existing dwelling shall be required. All ADUs are subject to the same front and corner setbacks as the primary residence, except that front setbacks may not preclude Statewide exemption ADUs (see subsection (10) of this Section).
E. Height. An ADU shall conform to the applicable height limits of the zoning district in which it is located, except that:
1) No new detached ADU shall exceed 18 feet or 1 habitable story; 16 feet, or 18 feet if the accessory dwelling unit is within 0.5 mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code, or if the accessory dwelling unit is detached and on a lot that has an existing or proposed multifamily, multistory dwelling. ADUs shall be allowed two feet of additional roof height if necessary to align with the roof pitch of the existing primary dwelling. 2) Second-story ADUs are allowed on top of existing, legally approved detached structures, provided height does not exceed that of the existing primary residence.
F. Building Code Requirements. Except as otherwise provided in this Section, all building code requirements that apply to detached dwellings apply to detached ADUs. Notwithstanding any requirements of this subsection (5)(F), a new or separate utility connection directly between the ADU and the utility is not required for either detached ADUs or attached ADUs unless a new or separate connection is necessary to serve the ADU due to:
1) The topography of the property;
2) Existing impediments such as trees, structures, or easements; 3) The location of the ADU on the property; or
4) Inadequate existing connections.
6. Design Standards. An ADU must conform to the design characteristics of the existing residence or residences. A determination of conformity shall be made if the ADU utilizes all of the following features of the existing residence or residences: architectural features, building materials, and paint color. When an existing garage is converted to an ADU, windows and/or door features may be required for consistency with fire and building codes and in consultation with the Fire Marshal. ADUs constructed on any property that is designated in the California Register of Historic Resources as a historic contributing or landmark structure shall adhere to the Hercules Design Guidelines for Historic Preservation.
7. Fire Sprinklers. If the primary residence, whether existing or proposed, is required to contain fire sprinklers, then sprinkler installation is also required for the ADU.
8. Parking. In addition to the off-street parking spaces required for the existing residence, each ADU with 1 or more bedrooms must provide at least 1 off-street parking space; for ADUs without separate bedrooms (i.e., studios), additional off-street parking is not required. ADU parking spaces may be provided as tandem parking, including on an existing driveway or in paved setback areas, excluding the non-driveway front yard setback. Parking requirements shall be waived if the ADU is located: (A) within 0.5 mile walking distance of a public transit stop; (B) in a designated historic district; (C) in part of an existing primary residence or an existing accessory structure pursuant to subsection (5)(A) of this Section; (D) in an area requiring on-street parking permits not offered to the ADU occupant; or (E) within 1 block of a car-sharing pickup/drop-off location.
9. Replacement Parking. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU (excluding JADUs), replacement parking shall not be required.
10. Statewide Exemption ADUs.
A. Notwithstanding the requirements of this Section, only building permits shall be required for ADUs or and JADUs in the following circumstances:
1) One ADU within existing space of an existing or proposed single-family dwelling if the ADU has exterior access separate from the primary dwelling and sufficient side and rear setbacks for fire and safety. 2) One JADU within existing space of an existing or proposed single-family dwelling that has exterior access separate from the single-family dwelling, sufficient side and rear setbacks for fire and safety, and meets all requirements of subsection (11) of this Section. 3) One detached, new construction ADU on a lot with an existing or proposed single-family dwelling that does not exceed 4-foot side and rear setbacks, that has a total floor area of no more than 800 square feet, and that does not exceed 16 feet in height. An ADU approved pursuant to this subsection (10)(A)(3) may be combined with a JADU described in subsection (10)(A)(2) of this Section. 4) Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. At least 1 ADU and up to 25 percent of the number of existing multifamily dwellings shall be allowed within an existing multifamily dwelling. No more than 2 detached ADUs are allowed on a lot with an existing multifamily dwelling, subject to a height limit of 16 feet and 4-foot side and rear yard setbacks.
B. No applicant for a building permit sought under this subsection (10) shall be required to do, perform, or construct any of the following:
1) Correct nonconforming zoning conditions; or
2) Install fire sprinklers, unless they are required for the primary residence; or 3) Install new or separate utility connection or pay any connection fee, sewer facilities fee, or capacity charge, unless the ADU is constructed with a new single-family home.
C. ADUs constructed pursuant to this Section cannot be rented for a term less than 30 days.
D. An applicant for a building permit under this Section may be required to provide proof of a percolation test within the last 5 years (or 10 years if the percolation test has been recertified).
11. Junior Accessory Dwelling Units (JADUs). One JADU may be built per residential lot zoned for single-family residences with an existing or proposed single-family residence. The owner of the existing or proposed single-family residence must reside in the JADU or the remaining portion of the single-family residence unless owner is a governmental agency, land trust, or housing organization.
A. Deed Restriction Required. The owner of the single-family lot upon which a JADU is constructed must record a deed restriction that: complies with Government Code Section 27281.5, runs with the land, states that the JADU cannot be separately sold from the single-family residence, states that the deed restriction can be enforced against future purchasers, and states that the size and attributes of the JADU must conform to the requirements of this Section and State law.
B. JADU Development Standards. The following development standards apply to JADUs:
1) Efficiency Kitchen. A JADU must have at least an efficiency kitchen, which includes a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. 2) Parking. JADUs are not subject to the parking requirements of subsection (8) of this Section but may provide 1 or more parking spaces at the option of the owner. 3) Utilities. For purposes of providing service for water, sewer, or power, including any connection fee, a JADU shall not be considered a separate or new dwelling unit. No separate or new utility connections are required for JADUs. [Ord. 531 § 2, 2021.] Article 9. Urban Lot Splits
Sec. 10-2.901 Purpose.
This Chapter establishes exceptions to the Subdivision Ordinance and Zoning Ordinance and provides permit procedures to allow urban lot splits allowed by Senate Bill No. 9 (2021), as codified in Government Code Sections 66452.6 and 66411.7. The provisions of this Chapter shall supersede any other provision to the contrary in the Subdivision Ordinance or the Zoning Ordinance. Subdivision standards provided for in the Subdivision Ordinance that are not affected by this Chapter shall remain in effect. (Ord. 540 § 3, 2022) Sec. 10-2.902 Definitions.
Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth for the purposes of this Section and Chapter 13-36:
“A person acting in concert with the owner” means a person that has a common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided. “Adjacent parcel” means any parcel of land that is (a) touching the parcel at any point; (b) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (c) separated from another parcel only by other real property which is in common ownership or control of the applicant. “Sufficient for separate conveyance” means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project) or into any other ownership type in which the dwelling units may be sold individually. “Two (2) unit development” means a development that proposes no more than two (2) units or proposes to add one (1) new unit to one (1) existing unit and that meets all the criteria and standards set forth in Chapter 13-36. “Urban lot split” means a ministerial application for a parcel map to subdivide an existing parcel located within a single-family residential zone into two (2) parcels, as authorized by Section 66411.7 of the Government Code. (Ord. 540 § 3, 2022) Sec. 10-2.903 Applicability.
A parcel map for an urban lot split shall be considered ministerially on parcels satisfying all of the following general requirements:
(a) Zoning District. A parcel that is located within a single-family residential zone. (b) Historic Property. A parcel that is not listed on the City of Hercules historic resource inventory or located in a historic district. (c) Legal Parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and Subdivision Ordinance, as applicable at the time the parcel was created. The Community Development Department may require a certificate of compliance to verify conformance with this requirement. (d) Hazardous Waste Site. A parcel that is not identified as a hazardous waste site pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use. (e) Flood Zone. A parcel that is not located within a special flood hazard area subject to inundation by the one percent (1%) annual chance flood (one hundred (100) year flood) on the official maps published by the Federal Emergency Management Agency, unless a letter of map revision prepared by the Federal Emergency Management Agency has been issued or if the proposed primary dwelling unit(s) is constructed in compliance with the provisions of Chapter 10-7 (Flood Damage Prevention) as determined by the Floodplain Administrator. (f) Earthquake Fault Zone. A parcel that is not located within a delineated earthquake fault zone as determined by the State Geologist on any official maps published by the State Geologist, unless the proposed housing development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code). (g) Natural Habitat. A parcel that is not recognized by the City as a habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (Ord. 540 § 3, 2022) Sec. 10-2.904 Subdivision Standards.
The following objective subdivision standards supersede any other standards to the contrary that may be provided in the Subdivision Ordinance, Zoning Ordinance, or applicable planned unit development as they pertain to creation of an urban lot split under Section 66411.7 of the Government Code:
(a) Subdivision Map Act. The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this Section. (b) Flag Lots. The access corridor of a flag lot parcel shall be in fee as part of the parcel and shall be of a minimum width of twelve (12) feet and a maximum width of fifteen (15) feet and be entirely paved with either concrete or pavers, consistent with the Fire Code as determined by the Fire Chief. (c) Lot Lines. The side lines of all parcels, so far as possible, shall be at right angles to streets or radial or approximately radial to curved streets and to center points of cul-de-sac turning circles. (d) Minimum Lot Size. Each new parcel shall be approximately equal in lot area; provided, that one (1) parcel shall not be smaller than forty percent (40%) of the lot area of the original parcel proposed for subdivision. In no event shall a new parcel be less than one thousand two hundred (1,200) square feet in lot area. (e) Minimum Lot Width. Each new parcel shall maintain a minimum lot width of thirty (30) feet. The calculation of lot width for a flag lot shall exclude the access corridor. (f) Minimum Public Frontage. Each new parcel shall have frontage upon a street dedicated as a public street with a minimum frontage dimension of thirty (30) feet, except for flag lots which shall have a minimum frontage dimension of twelve (12) feet. (g) Number of Lots. The parcel map to subdivide an existing parcel shall create no more than two (2) new parcels. (h) Utilities. Parcels created through an urban lot split shall provide for separate utilities. (i) Accessory Dwelling Unit. Accessory dwelling units and junior accessory dwelling units shall not be permitted on parcels resulting from an urban lot split created under the authority contained within this Section if the project involves approval of both a two-unit development under the authority contained in Chapter 13-36 and approval of an urban lot split under the authority contained within this Section. Parcels created through an urban lot split which have the effect of separating an existing accessory dwelling unit from the primary dwelling shall submit concurrently for a new SB 9 primary dwelling unit on the parcel containing only an accessory dwelling unit. (Ord. 540 § 3, 2022) Sec. 10-2.905 General Requirements and Restrictions.
The following requirements and restrictions apply to all proposed urban lot splits allowed by this Chapter:
(a) Adjacent Parcels. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously conducted an urban lot split to create an adjacent parcel as provided for in this Chapter. (b) Dedication and Easements. The Community Development Department shall not require dedications of rights-of-way nor the construction of off-site improvements; however, it may require recording of easements necessary for the provision of public services and facilities. (c) Existing Structures. Existing structures, or structures constructed in the same location and to the same dimensions as an existing structure, located on a parcel subject to an urban lot split shall not be subject to a setback requirement. However, any such existing structures shall not be located across the shared property line resulting from an urban lot split, unless the structure is converted to an attached townhome so long as the structures comply with applicable building codes and are sufficient to allow separate conveyance. All other existing structures shall be modified, demolished, or relocated prior to recordation of a parcel map. (d) Intent to Occupy. The owner shall sign and record an affidavit provided by the Community Development Director placing a covenant that will run with the parcel attesting that the applicant intends to occupy one of the newly created parcels as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. The affidavit shall be recorded on the title of the parcel concurrently with recordation of the parcel map. This requirement shall not apply to an applicant that is “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. (e) Nonconforming Conditions. The City shall not require, as a condition of approval, the correction of nonconforming zoning conditions. However, no new nonconforming conditions may result from the urban lot split other than as specified by subsection (c) of this Section. (f) Number of Remaining Units. No parcel created through an urban lot split shall be allowed to include more than two (2) existing dwelling units as defined by Government Code Section 66411.7(j)(2). Any excess dwelling units that do not meet these requirements shall be relocated, demolished, or otherwise removed prior to approval of a parcel map. (g) Prior Subdivision. A parcel created through a prior urban lot split may not be further subdivided under the provisions of this Chapter. The subdivider shall sign a covenant provided by the Community Development Director documenting this restriction. The convent shall be recorded on the title of each parcel concurrent with recordation of the parcel map. (h) Restrictions on Demolition. The proposed urban lot split shall not require the demolition or alteration involving removal of more than twenty-five percent (25%) of the existing exterior structural walls of any of the following types of housing:
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; (3) Housing that has been occupied by a tenant in the last three (3) years. (i) Stormwater Management. The subdivision shall comply with the requirements of the City’s National Pollution Discharge Elimination System (NPDES) Permit as implemented by Section 5-8.050 and as demonstrated by a grading and drainage plan prepared by a registered civil engineer. (Ord. 540 § 3, 2022) Sec. 10-2.906 Approval Process.
Applications for urban lot splits shall be submitted and processed in compliance with the following requirements:
(a) Application Type. An urban lot split shall be submitted to the Community Development Department as a ministerial application for a tentative parcel map. (b) Application Filing. An application for a parcel map for an urban lot split, including the required application materials and filing fee, shall be filed with the Community Development Department in compliance with Section 10-2.501 (Form and Content of Parcel Map). (c) Referral. The Community Development Director shall refer the parcel map application to the Public Works Director, Fire Chief, and utility agencies for review prior to recordation. (d) Denial. The Community Development Director may deny an urban lot split only if the building official makes a written finding, based upon a preponderance of the evidence, that a proposed housing development located on the proposed new parcels would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) Appeals. A decision of the Community Development Director on a parcel map for an urban lot split is a ministerial action and not appealable. (Ord. 540 § 3, 2022) Chapter 13-6. Residential Districts
Sec. 13-6.100 Specific Purposes.
1. In addition to the general purposes listed in Section 13-5.100, the specific purposes of the residential districts are to:
A. Reserve appropriately located areas for family living at a reasonable range of population densities consistent with the General Plan and sound standards of public health and safety.
B. Ensure adequate light, air, privacy, and yard/open space for each dwelling unit and protect residents from public safety hazards and other harmful environmental effects.
C. Preserve as many of the desirable characteristics of single-family residential districts as possible while allowing for associated residential uses such as daycare, rooming and boarding, home occupations, second residential units to the extent that substantial adverse impacts are not caused to adjacent residences.
D. Promote safe and well-designed neighborhoods and encourage new residential development to have an internal circulation system, including pedestrian walkways, bikeways, and access to transit facilities. Ensure provision of public services and facilities to support existing and planned residential densities.
E. Reserve appropriate areas for multifamily dwellings that may be located and designed to be compatible with adjacent land uses and residences.
F. Encourage development of innovative types of housing, including co-housing, congregate care facilities, and other types of housing that may provide low cost alternatives to typical market-rate housing.
G. Encourage provision of affordable housing units, especially for single persons, single parents, elderly and young families. Provide well-designed, well-built housing units for low- and moderate-income households in mixed-density developments, including planned developments (PDs), avoiding a concentration in any limited area.
H. Provide additional affordable senior citizen housing. Encourage provision of senior housing by considering density bonuses up to General Plan maximum where senior projects are desirable and compatible with special senior needs.
I. Allow for public and quasi-public land uses to complement residential development within close access such as schools, churches and daycare facilities; provided, that substantial adverse impacts such as traffic congestion, increased noise (ambient or episodic) or full use of available on-street parking, or other similar impacts are not caused on nearby residences.
2. The additional purposes of each residential zoning district are:
A. RS-E Residential Single-Family Estate. To provide sites for estate homes on larger lots to be developed with custom built and individually designed homes with a gross density of 1 or 2 units per acre and a minimum parcel size of one-half acre. Specific densities are assigned on the Zoning Map.
B. RS-L Residential Single-Family Low Density. To provide areas for single-family housing on smaller lots that will generally be developed as part of a larger planned subdivision where a limited number of models of varied exterior designs are built in a random pattern on individual lots with a gross density of 2 to 7 units per acre and a minimum parcel size of 6,000 square feet unless a smaller lot size is allowed by an approved planned development (PD).
C. RM-L Residential Multifamily Low Density. To provide sites for low density multifamily housing such as townhouses, condominiums and apartments, and medium density single-family housing that incorporate good design and amenities with a gross density up to 12 units per acre (midrange density of 9 units per acre). The minimum parcel size for multifamily housing is 3 acres. The minimum lot size for single-family housing is 4,000 square feet unless a smaller lot size is allowed by an approved planned development (PD).
D. RM-M Residential Multifamily Medium Density. To provide sites for medium density multifamily housing such as townhouses, condominiums and apartments that incorporate good design and amenities with a gross density of 12 to 30 units per acre (midrange density of 20 units per acre) and a minimum parcel size of 5 acres.
E. RM-H Residential Multifamily High Density. To provide sites for high density multifamily housing, typically located near public transit centers, adequate streets, shopping centers or other high activity areas and that incorporate good design and amenities with a gross density of 30 to 55 units per acre (midrange density of 42 units per acre) and a minimum parcel size of 15 acres. [Ord. 515 § 2, 2018; ZO § 6.100.] Sec. 13-6.200 Review of Plans and General Conditions.
Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated for residential use within this Chapter.
1. All new and expanded residential development shall apply for an administrative or conditional use permit. Administrative use permit review of new single-family homes, additions and remodels shall be limited to conformance with development regulations specified or referenced within this Chapter.
2. All new and expanded development except for additions and remodels shall also be subject to Chapter 13-42, Design Review.
3. Major residential subdivisions and multifamily projects of 10 units or more shall require a planned development plan as per Chapter 13-48. [Ord. 515 § 2, 2018; ZO § 6.200.] Sec. 13-6.300 Performance Standards.
The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:
1. Residential streets shall be designed in relation to the needed capacity and the adjoining housing patterns while discouraging through traffic on local streets.
2. Existing residential structures of architectural or historic significance are to be restored and maintained.
3. New residential areas shall be designed to avoid conflict with major streets or thoroughfares, and should provide access to transit facilities to encourage safe and convenient alternatives to the private auto.
4. Multifamily residential land shall be developed with a balance of open space, landscaping, and recreational amenities and should be easily accessible to commercial and recreational areas and public transportation.
5. Upon reinstitution of the inclusionary housing ordinance, new residential development shall include a minimum 10 percent of the total number of units for affordable housing. No in-lieu fees will be accepted by the City unless the developer can establish extraordinary circumstances for not providing affordable housing or unless an agreement predating the adoption of the 1996 General Plan Amendment provides otherwise.
A density bonus up to 35 percent over the maximum General Plan designation may be provided, along with the waiver of fees and the relaxation of development standards, in exchange for low income or senior housing provided, as per Section 65915 of the California Government Code and Sections 13-30.420 through 13-30.470 (Residential Density Bonus). In order to encourage the development of lower income housing units, the waiver of fees and the relaxation of development standards may be considered by the City in return for commitments to provide lower income housing.
6. Affordable senior housing projects with density bonuses up to General Plan maximum are allowed where desirable and compatible with special senior needs. Such projects shall only be allowed where the size of the structure and style of architecture are compatible with the surrounding neighborhood.
7. The use of solar systems, both active and passive designs, is encouraged in new residential development. [Ord. 515 § 2, 2018; Ord. 484 § 13, 2015; ZO § 6.300.] Sec. 13-6.400 Land Use Regulations.
All new and expanded development and uses that are allowed in the residential zoning districts are identified in Table 13-6.1. The following uses may be permitted in the designated residential zoning districts subject to compliance with Chapter 13-49 and approval by the Community Development Director. Use permits, administrative or conditional, are required for all new and expanded residential development.
Single story detached accessory structures under 8 feet tall and 120 square feet total area for the site are exempt from use permit requirements in the (RS-E, RS-L and RM-L) districts. Minor utilities such as public street lighting and traffic signals, electrical distribution lines, telephone lines, cable lines, and underground water, sewer and drainage mains and pipes that are necessary to support legally established uses are exempt from use permit requirements in all residential districts. [Ord. 515 § 2, 2018; ZO § 6.400.] Sec. 13-6.500 Property Development Regulations.
The development regulations presented in Table 13-6.2 establish basic site and design requirements for residential zoning districts. All regulation standards are minimum amounts unless otherwise stated Table 13-6.1 Land Use Regulations: Residential District RS-E
RS-L
RM-L
RM-M
RM-H
See Also
Residential
Single-Family Home
A
A
C
C
—
Duet (Single-Family Attached)
—
—
A
A
—
Duplex
—
—
A
A
—
Multifamily Dwelling
—
—
C
C
C
Townhouse/Condominium
—
—
C
C
C
Two-Unit Development
P
P
—
—
—
Section 13-36
Mobile Home
A
A
A
A
—
Accessory Uses and Structures
A(1)
A(1)
A(1)
A
A
Section 13-35.210
Rooming and Boarding Houses (4 or less people)
A
A
A
C
—
Rooming and Boarding Houses (5 or more people)
—
—
C
C
—
Small Family Daycare Homes (6 or less children)
A
A
A
A
A
Section 13-35.260
Large Family Daycare Homes (7 to 14 children)
A
A
A
A
A
Section 13-35.260
Accessory Dwelling Unit
P
P
P
P
P
Section 13-35.320
Senior Housing
C
C
C
C
C
Emergency Shelter
—
—
—
—
—
Single-Room Occupancy Units
—
—
—
—
—
Supportive Housing (Apartment Type)
—
—
C
C
C
Supportive Housing (Residential Care Facility Small Type) A
A
A
A
—
Supportive Housing (Residential Care Facility Large Type) —
—
—
C
C
Residential Care Facility (6 or fewer residents)
A
A
A
A
—
Residential Care Facility (7+ residents)
—
—
—
C
C
Transitional Housing (Apartment Type)
—
—
C
C
C
Transitional Housing (Residential Care Facility Small Type) A
A
A
A
—
Transitional Housing (Residential Care Facility Large Type) —
—
—
C
C
Commercial Uses
Home Occupation
A
A
A
A
A
Bed and Breakfast Inns
C
C
C
C
—
Public and Quasi-Public Uses
Clubs and Lodges
—
—
C
C
C
Libraries, Museums and Galleries
—
—
C
C
C
Park and Recreation Facilities
A
A
A
A
A
Public Safety Facilities
A
A
A
A
A
Religious Assembly
C
C
C
C
C
Schools, Public or Private
C
C
C
C
—
Utility Facilities
C
C
C
C
—
Key to Land Use Regulations
P
Permitted Use
A
Administrative Use Permit Required
C
Conditional Use Permit Required
DR
Design Review Required
—
Use Not Allowed
(1)Single story detached accessory structures under 120 square feet total on site are exempt from use permit requirements.
Table 13-6.2 Property Development Regulations: Residential District RS-E
RS-L
RM-L
RM-M
RM-H
See Also
Site Area (acres)
—
—
3 5
15 Density (Units/Acre)
Range
1 to 2(1)
2 to 7
up to 12
12 to 30
30 to 55
Midrange
—
—
9 20
42 Lot Size (sq ft)
1/2 acre(1)
6,000(2)
3,000(2, 3)
3,000(2)
3,000(2)
Lot Frontage (ft)
45 30
[200 for multifamily, 30 for other]
Lot Depth (ft)
200(4)
100
[200 for multifamily, 80 for other]
Lot Width (ft)
100
60(5)
[200 for multifamily, 35(5) for other]
Setbacks
Front (ft)
20 20
15 15
15 Rear (ft)
25 15
15 15
15 Side (ft)
15 5
15(6)
15(6)
15(6)
Corner Side (ft)
20 15
15 15
15 Maximum Site Coverage
20%
50%
60%
60%
60%
Usable Open Space Per Dwelling Unit (sq ft)
—
—
1,000
300
300
Section 13-30.800
Building Height (ft)
35 35
45(7)
60 90
Parking
Chapter 13-32
Key to Land Use Regulations
(1)
Maximum density and minimum lot size as designated on zoning map for 1 or 2 units per acre density and corresponding 1 acre or 0.5 acre minimum lot size. (2)
Minimum lot size unless a smaller lot size is allowed by an approved planned development plan. (3)
Minimum lot size for single-family housing is 4,000 square feet unless a smaller lot size is allowed by an approved planned development plan. (4)
Minimum lot depth unless area is designated for 2 units per acre, then 150-foot minimum depth applies. (5)
Minimum lot width for corner lots, add 10 feet.
(6)
Minimum side setback unless smaller setback is allowed by an approved planned development plan. (7)
Maximum height for single-family housing and duets/duplexes is 35 feet.
Chapter 13-15. PC-R Planned Commercial Residential Mixed-Use District Sec. 13-15.100 Specific Purposes.
In addition to the general purposes listed in Section 13-5.100, the specific purposes of the PC-R planned commercial residential mixed-use district are to:
1. Provide the opportunity to accommodate both residential and commercial uses in a well planned mixed-use development.
2. Provide the opportunity for an integrated mixture of residential and commercial employment generating uses within the same structure or site.
3. Allow lower cost live-work opportunities for start-up commercial enterprises and other smaller scale point of sale enterprises that are compatible with the residential and commercial uses within the building or site.
4. Provide the opportunity for upper floor residential over ground floor commercial uses.
5. Encourage mixed-use development that could minimize vehicle use. [Ord. 515 § 2, 2018; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.100.] Sec. 13-15.200 Review of Plans and General Conditions.
Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated PC-R Planned Commercial Residential.
1. All new and expanded development shall be subject to Chapter 13-42, Design Review and Chapter 13-48, Planned Development.
2. All new and expanded uses shall be consistent with an adopted planned development plan for the property and shall require an administrative or conditional use permit. Subdivision or partial development of any properties within this district shall not be approved until a planned development plan for full development of the property has been reviewed and approved.
3. Commercial structures and uses are to be located and designed as a unified development, which may resemble a shopping center, a shopping mall, or a traditional downtown shopping street (“Main Street”).
4. Development is to be carefully planned to insure that benefits of mixed-use development are fully realized and the potential negative impacts of one use on another are minimized.
5. As an incentive to develop commercial and residential uses within the same building or site, the allowed residential development density of 40 units per acre may be added to the allowed nonresidential density of 0.20 to 4.0 FAR.
6. A mixed-use commercial and residential development is to provide a balance of open space, landscaping, recreation, and transit access.
7. Adequate parking shall be provided on site that takes into account the different peak parking demand periods of residential and employment activities.
8. The facility should be designed to use parking areas, garages and landscaping as buffers for noise, light and glare. [Ord. 515 § 2, 2018; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.200.] Sec. 13-15.300 Performance Standards.
The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:
1. Live-Work Area. A minimum of 600 square feet of living area including bathroom, kitchen and sleeping area is to be provided within each live-work unit.
2. Usable Open Space. A minimum of 50 square feet of private or common usable open space shall be provided for every live-work unit. A minimum of 100 square feet of private or common usable open space shall be provided for every residential unit. This may be provided on outdoor landscaped areas open to private or common access, or as decks, balconies, porches, recreation facilities, or rooftop open space. The open spaces shall be designed and oriented to minimize wind exposure and maximize sun exposure.
3. Ventilation. Live-work units are to have an adequate ventilation system to serve the range of uses that could be allowed. Each live-work unit is to have at least 1 standard size window that can be opened to the outside.
4. Noise Insulation. Residential and live-work units are to have adequate noise insulation and are to attenuate noise levels to 50 dBA or better within the living area of the unit from the noise levels generated by the range of uses that could be allowed in adjacent units and buildings.
5. Light and Glare. Night lighting shall be located and designed to minimize glare on the residential uses within and adjacent to the site. [Ord. 515 § 2, 2018; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.300.] Sec. 13-15.400 Land Use Regulations.
All new and expanded development and uses that are allowed in PC-R planned commercial residential mixed-use district are identified in Table 13-15.1. These uses may be subject to compliance with Chapter 13-49 and approval by the Community Development Director.
Other uses of a commercial nature that can benefit from a live-work arrangement, or that can be shown to be compatible with the commercial and residential uses, and commercial uses that provide needed goods and services to nearby residential uses and that can be shown to be compatible with the residential uses in close proximity, or contribute to creating a functional residential neighborhood that has convenient access to commercial facilities, may be allowed pending approval of a conditional use permit. [Ord. 515 § 2, 2018; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.400.] Sec. 13-15.500 Property Development Regulations.
The property development regulations presented in Table 13-15.2 establish basic site and design requirements for the in PC-R planned commercial residential mixed-use district. All regulation standards are minimum amounts unless otherwise stated.
Table 13-15.1 Land Use Regulations: PC-R Planned Commercial Residential Mixed-Use District PC-R
See Also
Commercial Uses
Home Occupation
A
Recreation and Entertainment
C
Retail Sales
Outdoor Sales
C
Retail Stores
2,000 sq ft or less
A
More than 2,000 sq ft
C
Restaurants and Delicatessens
A
With Liquor Service
C
Shopping Centers
C
Services and Offices
Athletic Clubs
C
Business Services
A
Hotel
C
Offices and Banks
A
Personal Services
A
Residential Uses
Accessory Dwelling Unit
A P
Section 13-35.320
Caretaker, Manager and Employee Housing
A
Small Family Daycare Home (8 or less children)
A
Section 13-35.260
Large Family Daycare Homes (7 to 14 children)
A
Section 13-35.260
Live-Work Units
A
Multifamily Dwellings
A
Townhouse/Condominiums
A
Planned Unit Development
A
Supportive Housing (Apartment Type)
A
Transitional Housing (Apartment Type)
A
Public and Quasi-Public Uses
Daycare Facilities (for employees and visitors)
A
Government Offices
A
Libraries, Museums and Galleries
A
Public Safety Facilities
A
Urgent Medical Care
C
Utility Facilities
C
Accessory Uses and Structures
A(1)
Key to Land Use Regulations
P
Permitted Use
A
Administrative Use Permit Required
C
Conditional Use Permit Required
(1)Facility or use is directly related to the primary use of site.
Table 13-15.2 Property Development Regulations: PC-R Planned Commercial Residential Mixed-Use District PC-R
See Also
Site Area (sf)
—
Density (FAR)(1)
Range
0.20 to 4.0
Typical
2.0 Density (du/ac)
40(5)
Lot Size (sq ft)
(PDP)
Lot Frontage (ft)
(PDP)
Lot Depth (ft)
(PDP)
Setbacks
Front (ft)
10(2)
Rear (ft)
10(2)
Side (ft)
0(2)
Corner Side (ft)
10(2)
Maximum Site Coverage
(PDP)
Landscaping Minimum
10%
Usable Open Space (sq ft/unit)
50/100(3)
Section 13-15.300
Building Height (ft)
40/50/65(4)
Parking
(PDP)
Chapter 13-32
Signage
(PDP)
Chapter 13-34
Key to Land Use Regulations
(1)
FAR does not apply to residential development.
(2)
Lesser setbacks may be accepted in an approved planned development plan. (3)
50 square feet/unit for live-work, 100 square feet/unit for residential. (4)
50 feet height allowed for combined commercial and residential uses within a structure; for major frontages along Sycamore Avenue and San Pablo Avenue, a maximum height of 65 feet is allowed only if approved in a PDP adopted pursuant to Chapter 13-48. (5)
A maximum density of 80 units per acre is permitted for the Town Centrale project on Sycamore Avenue as an approved planned development plan. (PDP)
As per an approved planned development plan.
[Ord. 515 § 2, 2018; Ord. 506 § 5, 2018; Ord. 484 § 6, 2015; Ord. 472 § 1 (Att. 1), 2012; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.500.] SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be deleted.
SECTION 5. EFFECTIVE DATE AND PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordinance as required by law. This Ordinance shall be effective thirty (30) days from date of final adoption.
THE FOREGOING ORDINANCE was first read at a regular meeting of the Hercules City Council on the 10th day of January 2023, and was passed and adopted at a regular meeting of the Hercules City Council on the ____ day of 2023, by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
Alexander Walker-Griffin, Mayor
Eibleis Melendez
Acting City Clerk
Ordinance No.
Ordinance No.