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(A) Purpose: The purpose of this zone is to:
1. Provide for the development of high density multi-family housing, in areas properly located in relation to commercial and other residential areas, and where utilities, streets, sidewalks, transit, bikeways, schools, recreation areas and other necessary facilities can feasibly serve a high population density.
2. Create conditions conducive to a desirable high density multi-family residential environment, protect it from the encroachment of unrelated uses affecting the development of vacant land and detrimental to existing residences, and limit the continuance of such uses in existence in the area.
3. Ensure light, air, privacy and usable open spaces for multi-family residential living.
4. Provide for those facilities primarily serving the neighborhood and serving it best by being located within it, providing such facilities are in the appropriate locations and in harmony with the neighborhood.
5. Provide high density housing at a density consistent with the default, or minimum, density requirements set forth in California Government Code section 65583.2. (Ord. 1679, 2-9-2016)
(B) Permitted Uses: The following uses and their accessory uses are permitted outright:
Multi-family housing units.
One accessory dwelling unit, subject to the requirements within section 10-4-12 of this title.
Residential care facilities and residential service facilities for six (6) or fewer residents provided said facility is located at a distance of one thousand feet (1,000') or more from any other existing community care facility as measured from any point upon the outside walls of the structures housing such facilities.
Single room occupancy facilities.
Small and medium family daycare home. (Ord. 1679, 2-9-2016; amd. Ord. 1692, 10-24-2017)
(C) Conditional Uses:
Attached single-family dwelling units, including condominiums or townhouse dwellings, subject to the requirements of section 10-4-13, "Attached Single- Family Dwellings", of this title.
Professional offices such as accountants, architects, dentists, lawyers, physicians, and engineers provided that development standards as listed in subsection 10-5-13(F) of this chapter are incorporated with the proposed use.
Uses stated in section 10-3-4 of this title.
(D) General Regulations:
1. Residential Density: Housing development density shall be determined at the time the site is rezoned to the R-5 Zone. The density shall be based on the State mandated minimum of twenty (20) dwelling units per acre but will allow for a maximum of twenty four (24) dwelling units per acre. The minimum required density for a site shall be the net density. Net density shall be based on the developable areas of the site, considering site specific environmental constraints such as slope, watercourses, road rights-of-way and/or easements, etc., and the R-5 development regulations of this section.
2. Minimum Parcel Area: Six thousand (6,000) square feet or minimum lot area shall be two thousand (2,000) square feet when proposed with various forms of attached single-family dwellings.
3. Minimum Parcel Area Per Dwelling Unit: Two thousand (2,000) square feet.
4. Maximum Parcel Coverage: No more than sixty percent (60%) of the total lot shall be devoted to main and accessory building area, parking area, driveway and covered patio area.
5. Minimum Parcel Width: Sixty feet (60') or twenty feet (20') when proposed with attached single-family dwellings.
6. Minimum Yards: Front, twenty feet (20'); sides, ten percent (10%) of the parcel or ten feet (10') whichever is less; rear, fifteen feet (15'); or zero feet (0') setback for all yards where common wall or party wall exists with attached single- family dwellings.
7. Maximum Building Height: Forty feet (40').
8. Minimum Room Areas: As defined in the California Residential Code.
9. Minimum Parcel Frontage: Sixty feet (60').
(E) Specific Regulations:
1. Environmental Review: The California Environmental Quality Act (CEQA) environmental review will be completed for sites designed under the R-5 Zone at the time the sites are rezoned. All identified site specific development standards and CEQA mitigation measures during the rezone process shall be applicable to the development of residential housing for the site. Subsequent environmental review may be required if, and to the extent necessary, to comply with CEQA.
2. Multi-Family Residential Housing: Multi-family residential housing, when developed per Government Code sections 65583.2 and 65589.5 (or "when required by State law") for either low income, very low income or extremely low income households, shall be developed by right in that the use and density shall not require a conditional use permit, planned unit development or other discretionary action for the use or density of the site. Housing development must include legal commitments to the City to ensure the continued availability of the affordable housing for a minimum period of thirty (30) years at the low, very low, extremely low income household or in combination.
3. Design Review: Site plan review (section 10-4-9 of this title) shall be required for all housing developments proposed within the R-5 Zone that are not developed per subsection (E)2 of this section, and conditional uses under subsection (C) of this section. (Ord. 1679, 2-9-2016)