A. Purpose. The purpose of these regulations is to implement General Plan goals of encouraging infill development, while also preserving the privacy of existing residences and the character of the neighborhoods where such lots are created. It is the intent of these regulations to (1) limit the number of flag lots which can be created where a series of similarly-sized large lots could be subdivided with flag lots, thereby significantly raising the density and changing the character of an existing neighborhood, and (2) provide standards for the development of such lots in addition to those which would otherwise apply. Properties suitable for flag lot subdivisions should be larger than average for the neighborhood, and/or of a unique configuration. Retention of existing older housing stock is strongly encouraged in flag lot subdivisions. These regulations are intended to provide greater certainty for both developers and neighbors, and are intended to supplement, not supersede, the flag lot regulations contained in Title 18R.
B. Applicability. The standards in this section shall only apply to infill residential flag lots where the property has not been subdivided or developed in connection with SB9. For purposes of this section, infill residential flag lots are defined as flag lots created after the adoption of this section which are located in the RS, R1 or R2 zoning districts and which abut existing single-family development. Existing single-family development is defined as one or more residentially zoned lots already developed with single-family dwellings at the time that the parcel map or tentative subdivision map approving the creation of the flag lot is approved and which are not a part of the subdivision which creates the flag lot.
C. Standards. Infill residential flag lots are allowed in the RS, R1 and R2 zoning districts through a parcel map or tentative subdivision map by the Planning Commission when they comply with the standards in this section, in addition to any other applicable City standards:
1. Limitation on Number of Infill Residential Flag Lots. To avoid an over- concentration of infill residential flag lots in any one neighborhood, infill residential flag lots shall not be allowed where approval of a proposed subdivision would result in flag lots comprising greater than 10 percent of the number of lots in the immediate neighborhood. Lots in the immediate neighborhood shall be defined as all lots which would be created by a proposed subdivision plus all residentially-zoned lots lying wholly or partially within 300 feet of the proposed subdivision.
2. Size of Infill Residential Flag Lots. Infill residential flag lots shall be no smaller than the smallest conforming lot in the same zoning district lying wholly or partially within 300 feet of a proposed subdivision, or the minimum flag lot size as required in Chapter 18R.08, whichever is larger. The accessway serving an infill residential flag lot shall not be included when calculating the required area of that lot.
3. Single Story Limitation. New residential units and accessory structures on an infill residential flag lot shall be limited to a single story, no more than 25 feet in height, unless there is existing two-story construction on one or more residentially-zoned lots adjacent to the infill residential flag lot.
4. Site Design and Architectural Review. Residential units and detached accessory structures greater than 120 square feet in size on infill residential flag lots shall be subject to administrative site design and architectural review (Chapter 19.18). Such review shall take into account all applicable standards and design guidelines.
5. Orientation. Each residential unit built on an infill residential flag lot shall be oriented toward either the street or the accessway.
6. Setbacks From Neighboring Properties. Where an infill residential flag lot abuts existing single-family development, the building setbacks established below shall supersede the standard setbacks for the R1 and R2 zoning districts. Setbacks in the RS zoning district shall be the greater of the standard RS district setbacks, or the setbacks established in Table 5-14 below:
Type of Structure | Setback Required |
Residential unit, first story | 15 feet |
Residential unit, second story | 20 feet |
Detached garage, gazebo, greenhouse, patio cover | 10 feet |
Other Accessory Structures | See 19.76.020 |
7. Accessway. A minimum of three feet of landscaping shall be provided between the paved portion of the accessway and any adjacent existing single- family residential development. Drainage from the paved portion of the accessway shall be accommodated onsite. Minimum accessway widths shall be as specified in Title 18R.
D. Planned Development Permit Required if Standards Not Met. The creation and development of infill residential flag lots which do not meet all standards listed above may be allowed with approval of a planned development permit (Chapter 19.28).
(Ord. 2363 §3, Ord. 2494 §57, Ord. 2511, Ord. 2549, §10, Ord. 2580, §16)