The purposes of the "Multi-Unit Residential" Districts are to:
A. 
Provide for a variety of multi-unit housing types to suit the spectrum of individual lifestyles and space needs and ensure continued availability of the range of housing opportunities necessary to sustain a diverse labor force and meet the needs of all segments of the community consistent with the General Plan.
B. 
Preserve and protect the existing character and state of the City's different residential neighborhoods and the quality of life of City residents against potential impacts related to development—traffic, noise, air quality, and the encroachment of commercial activities.
C. 
Ensure adequate light, air, privacy, and open space for each dwelling.
D. 
Avoid overburdening public facilities, including sewer, water, electricity, and schools by an influx and increase of people to a degree larger than the City's geographic limits, tax base, or financial capabilities can reasonably and responsibly accommodate.
E. 
Ensure that the scale and design of new development and alterations to existing structures are consistent with the scale, mass, and character of the existing residential neighborhood and provide respectful transitions to minimize impacts on or disruptions to adjacent residential structures.
F. 
Provide sites for institutional, residential, and neighborhood serving uses such as day care, parks, community facilities, and neighborhood stores that provide goods and services to support daily life within walking distance of neighborhoods and complement surrounding residential development.
The specific designations and the additional purposes of the Multi-Unit Residential Districts are:
R2 Low Density Residential. This Zoning District is intended to provide areas for a variety of low-density housing types. These include single-unit housing, duplexes, triplexes, low-scale multi-unit housing, townhouses, and courtyard housing with at least one unit for each 2,000 square feet of parcel area, exclusive of State density bonus. Accessory dwelling units and junior accessory dwelling units are also permitted. In addition to low density residential development, this District provides for uses such as transitional housing or hospice facilities, family day care, and neighborhood serving uses such as childcare, neighborhood grocery stores, and community facilities that may be appropriate in a residential environment.
R3 Medium Density Residential. This Zoning District is intended to provide areas for a variety of multi-unit housing types with at least one unit for each 1,500 square feet of parcel area, exclusive of State density bonus, or one unit for each 1,250 square feet of parcel area, exclusive of State density bonus, for projects that provide identified community benefits. Types of dwelling units include single-unit housing, low- and medium-scale multi-unit housing, townhouses, courtyard housing, and duplexes and triplexes. Accessory dwelling units and junior accessory dwelling units are also permitted. This District also provides for residential facilities such as transitional housing and hospice facilities, family day care, and neighborhood serving uses such as childcare, neighborhood grocery stores, and community facilities that may be appropriate in a residential environment.
R4 High Density Residential. This Zoning District is intended to provide areas for multi-unit housing at greater intensities than other residential districts. Housing types include single-unit housing, three- to four-story multi-unit housing projects, duplexes, and triplexes with at least one unit per 1,250 square feet of parcel area, exclusive of State density bonus, or one unit per 900 square feet of parcel area, exclusive of State density bonus, for projects that provide identified community benefits. Accessory dwelling units and junior accessory dwelling units are also permitted. This District also provides for residential facilities such as assisted living, transitional housing, and hospice facilities, hotels, family day care, and neighborhood serving uses such as childcare, neighborhood grocery stores, and community facilities that may be appropriate in a residential environment.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2649CCS § 7, adopted September 8, 2020; Ord. No. 2742CCS § 2, adopted April 11, 2023)
Table 9.08.020 prescribes the land use regulations for Multi-Unit Residential Districts. The regulations for each district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
"P" designates permitted uses.
"L(#)" designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
"CUP" designates use classifications that are permitted after review and approval of a Conditional Use Permit.
"MUP" designates use classifications that are permitted after review and approval of a Minor Use Permit.
"–" designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.
TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS
Use Classification
*For uses within specified areas, see Section 9.08.030(A)
R2*
R3*
R4
Additional Regulations
Residential Uses
Residential Housing Types
See sub-classifications below.
Accessory Dwelling Unit
P
P
P
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Junior Accessory Dwelling Unit
P
P
P
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Duplex
P
P
P
 
Multiple-Unit Dwelling
P
P
P
Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Residential
P
P
P
Section 9.31.195, Multiple-Unit Dwelling Projects
Single-Room Occupancy Housing
P
P
P
Section 9.31.330, Single Room Occupancy Structures
Group Residential
MUP
MUP
MUP
 
Congregate Housing
P
P
P
Section 9.31.110, Congregate and Transitional Housing
Senior Group Residential
P
P
P
Section 9.31.310, Senior Group Residential
Elderly and Long-Term Care
CUP
CUP
CUP
 
Emergency Shelters
CUP
CUP
Section 9.31.130, Emergency Shelters
Family Day Care
See sub-classifications below.
Large
P
P
P
Section 9.31.140, Family Day Care, Large
Small
P
P
P
 
Residential Facilities
See sub-classifications below.
Residential Care, General
MUP
MUP
MUP
Section 9.31.270, Residential Care Facilities
Residential Care, Limited
P
P
P
Section 9.31.270, Residential Care Facilities
Residential Care, Senior
L(2)/MUP
L(2)/MUP
L(2)/MUP
Section 9.31.270, Residential Care Facilities
Hospice, General
MUP
MUP
MUP
 
Hospice, Limited
P
P
P
 
Supportive Housing
P
P
P
 
Transitional Housing
P
P
P
Section 9.31.110, Congregate and Transitional Housing
Public and Semi-Public Uses
Adult Day Care
CUP
CUP
CUP
 
Child Care and Early Education Facilities
CUP
CUP
CUP
Section 9.31.120, Child Care and Early Education Facilities
Community Assembly
CUP
CUP
CUP
 
Community Gardens
P
P
P
 
Cultural Facilities
CUP
CUP
CUP
Limited to Designated Landmarks
Parks and Recreation Facilities, Public
P
P
P
 
Schools, Public or Private
CUP
CUP
CUP
 
Commercial Uses
Automobile/Vehicle Sales and Services
See sub-classifications below.
Automobile Storage Use
CUP(3)
CUP(3)
Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage
Automobile/Vehicle Sales and Leasing
L(4)/CUP
L(4)/CUP
Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage
Food and Beverage Sales
See sub-classifications below.
General Market
CUP(5)
CUP(5)
CUP(5)
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.150, General Markets in Residential Districts
Lodging
See sub-classifications below.
Bed and Breakfast
CUP
CUP
CUP
Within Designated Landmarks only.
Section 9.31.090, Bed and Breakfasts
Hotels and Motels
CUP
 
Mobile Food Truck Off-Street Venues
MUP(7)
Section 9.31.190, Mobile Food Truck Off-Street Venues
Personal Services, Physical Training
L(9)
 
Retail Sales
See sub-classifications below.
General Retail Sales, Small-Scale
CUP(8)
 
Transportation, Communication, and Utilities Uses
City Bikeshare Facility
P
P
P
 
Utilities, Minor
P
P
P
 
Specific Limitations:
(1)
Reserved.
(2)
Facilities for 6 or fewer residents are permitted by right. Other facilities require approval of a Minor Use Permit.
(3)
Limited to automobile storage use associated with and adjacent to existing auto dealerships that were legally established before July 6, 2010, and according to the standards of Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage.
(4)
Auto dealership uses existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships in residential zones are subject to approval of a Conditional Use Permit and must conform to the standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage. New auto dealerships and expansions of existing dealerships inconsistent with Section 9.31.070 are prohibited.
(5)
Only stores up to 2,500 square feet may be allowed with approval of a Conditional Use Permit. Stores must be located at least 300 feet from another retail food and beverage services use.
(6)
Reserved.
(7)
Mobile food truck off-street venues shall only be located on the R3A overlay parcels located between Ocean Park Boulevard and Hill Street along the east side of Neilson Way.
(8)
Limited to bicycle and skate rental facilities along Ocean Front. Other general retail sales uses are not permitted.
(9)
Limited to youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical exercise, and similar types of instruction in buildings designed and constructed for commercial purposes across an alley from the Downtown district subject to a passenger loading and drop-off plan to be reviewed and approved by the Director.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2649CCS § 8, adopted September 8, 2020; Ord. No. 2703CCS § 2, adopted May 10, 2022; Ord. No. 2742CCS § 2, adopted April 11, 2023)
Table 9.08.030 prescribes the development standards for the Multi-Unit Residential Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Ordinance, while individual letters in parentheses refer to subsections that directly follow the table.
TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS
Standard
*For development standards within specified areas, see Section 9.08.030(A)
R2*
R3*
R4
Additional Regulations
Parcel and Density Standards
Minimum Parcel Size (sq. ft.)
5,000
5,000
5,000
 
Maximum Parcel Size (sq. ft.)
See 9.21.030(B)(C)
See 9.21.030(B)(C)
See 9.21.030(B)(C)
 
Minimum Parcel Width (ft.)
50
50
50
 
Minimum Parcel Depth (ft.)
100
100
100
 
Maximum Allowable Density
Tier 1—Base Standard
1 unit per 2,000 sq. ft. of parcel area (or 4 total units, whichever is less)
1 unit per 1,500 sq. ft. of parcel area (or 5 total units, whichever is less)
1 unit per 1,250 sq. ft. of parcel area (or 6 total units, whichever is less)
For parcels consolidated to provide courtyards, the maximum allowable number of units shall be based on the total maximum number of units allowed on each of the parcels prior to consolidation
For projects eligible for density bonus, see Section 9.22.050(C), Calculating Base Density
Tier 2—With Provision of Community Benefits
NA
1,250
900
Chapter 9.23, Community Benefits
100% Affordable Housing Projects
1,500
1,250
900
 
Building Form and Location
Maximum Number of Stories
Tier 1—Base Standard
2
2
3
 
Tier 2—With Provision of Community Benefits
NA
3
4
Chapter 9.23, Community Benefits
100% Affordable Housing Projects
No limit on number of stories as long as building complies with height limit
 
Maximum Building Height (ft.)
Tier 1—Base Standard
30. See (B)
30. See (B)
30. See (B)
 
Tier 2—With Provision of Community Benefits
NA
40. See (B)
45. See (B)
Chapter 9.23, Community Benefits
100% Affordable Housing Projects
30. See (B)
40. See (B)
45. See (B)
 
Maximum Parcel Coverage
Maximum Parcel Coverage (% of Parcel Area)
50
50
50
For projects with a base density consisting of 8 to 10 units, an increase in parcel coverage shall be permitted as necessary to ensure a Floor Area Ratio of 1.25
Minimum Setbacks
Front (ft.)
20
See (C)(E)
20
See (C)(E)
20
See (C)(E)
 
Interior Side (ft.)—Parcels 50 feet or more in width
8
See (E)
8
See (E)
8
See (E)
 
Interior Side (ft.)—Parcels less than 50 ft in width
4, or 16% of parcel width, whichever is greater. See (E)
4, or 16% of parcel width, whichever is greater. See (E)
4, or 16% of parcel width, whichever is greater. See (E)
 
Street Side (% of parcel width)
15
See (C)(E)
15
See (C)(E)
15
See (C)(E)
 
Rear (ft.)
15
15
15
 
Parking
See Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards
 
Transition Requirements Adjacent to R1 District
See (D)
See (D)
See (D)
 
Open Space & Landscaping
Minimum Outdoor Living Area per Unit (sq. ft.)—Sites with 3 or More Units
 
 
 
Section 9.21.090, Outdoor Living Area
Private
60
60
60
 
Total
150
150
100
 
Courtyards—Parcels over 99 feet in width
No less than 10% of the total parcel area.
See (F)
No less than 10% of the total parcel area.
See (F)
No less than 10% of the total parcel area.
See (F)
 
Minimum Planting Area (% of parcel area)
30. See (G)
25. See (G)
20. See (G)
Chapter 9.26, Landscaping
Additional Standards
Accessory Dwelling Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Structures
Section 9.21.020, Accessory Buildings and Structures
Affordable Housing Production Program
Chapter 9.64, Affordable Housing Production Program
Density Bonus
Chapter 9.22, Density Bonus
Exceptions to Height Limits
Section 9.21.060, Height Exceptions
Fences and Walls
Section 9.21.050, Fences, Walls, and Hedges
Home Occupation
Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping
Chapter 9.26, Landscaping
Lighting
Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects
Section 9.31.195, Multiple-Unit Dwelling Projects
Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
Off-Street Parking and Loading
Chapter 9.28, Parking, Loading, and Circulation
Projections into Required Setbacks
Section 9.21.110, Projections into Required Setbacks
Refuse and Recycling Screening and Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards
Screening
Section 9.21.140, Screening
Signs
Chapter 9.61, Signs
Solar Energy Systems
Section 9.21.150, Solar Energy Systems
A. 
Development Standards, Specified Areas. The following development standards shall govern in the areas defined below.
1. 
For Multi-Unit Residential District parcels located north of the Pier and west of Ocean Avenue, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. 
Uses.
i. 
Permitted Uses: Single-Unit Dwelling; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Single-Room Occupancy Housing; Congregate Housing; Multiple-Unit Dwelling; Senior Group Residential; Family Day Care, Small; Supportive Housing; Transitional Housing; Hospice, Limited; One-Story Accessory Building and Structures up to 14 feet in height; Public Parks and Playgrounds.
ii. 
Uses Subject to Minor Use Permits: Hospice, General; One-Story Accessory Living Quarters up to 14 feet in height on parcels having a minimum area of 10,000 square feet.
iii. 
Conditionally Permitted Uses: Bed and Breakfast; Day Care Center; Group Residential; Residential Care Facility; Offices and Meeting Rooms for Charitable, Youth, and Welfare Organizations; Schools.
b. 
Maximum Building Height. Maximum building height shall be 40 feet, except that:
i. 
No portion of the building may project beyond the site view envelope. The site view envelope is a theoretical plane beginning mid-point at the minimum required beach setback line and extending to a height of 30 feet, and then running parallel with the side parcel lines to a point located 5 feet in height above the top of the Palisades bluff immediately behind the pedestrian railing.
ii. 
No portion of the building above 23 feet for a flat roof, and 30 feet for a pitched roof may exceed 30 feet in width. Multiple projections above 23 feet for a flat roof and 30 feet for a pitched roof shall be separated by a minimum 20-foot wide unobstructed view corridor. No projections, connections, or mechanical equipment may be placed in the view corridor.
c. 
Maximum Allowable Density. For parcels 4,000 square feet or more, the maximum unit density shall be one dwelling unit for each 1,500 square feet of parcel area, or 4 total units, whichever is less. For parcels less than 4,000 square feet that existed on September 8, 1988 or parcels 40 feet or less in width, one dwelling unit may be permitted, except that more units may be otherwise permitted in accordance with Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.
d. 
Maximum Parcel Coverage. 50% of the parcel area. For projects with a base density consisting of 8 to 10 units, an increase in parcel coverage shall be permitted as necessary to ensure a Floor Area Ratio of 1.25.
e. 
Front Yard Setback. The minimum required front yard setback shall be either 20 feet or shall comply with the minimum front yard setback for the district as set forth in the Official Districting Map, whichever area is greater. At least 30% of the building elevation above 14 feet in height shall provide an additional 5-foot average setback from the minimum required front yard setback.
f. 
Beach Rear Yard Setback. 15 feet for parcels 100 feet or less in depth and 55 feet for parcels over 100 feet in depth.
g. 
Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side yard shall be 10% of the parcel width, but in any event not less than 4 feet:
5' +
(stories x parcel width)
50'
At least 25% of the side elevation above 14 feet in height shall provide an additional 4-foot average setback from the minimum required side yard setback.
h. 
Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement.
i. 
View Corridor. A structure with 70 linear feet or more of frontage parallel to Pacific Coast Highway shall provide an unobstructed view corridor between Pacific Coast Highway and the ocean. The view corridor shall be a minimum of 20 feet in width and 40 feet in height measured from the property line parallel to the Pacific Coast Highway.
j. 
Parking. Uncovered parking may be located in the front half of the parcel and within the minimum required front yard setback.
k. 
Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, "residential dwelling unit" shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.
l. 
Projections into Beach Rear Yard Setback. For parcels 100 feet or less in depth, balconies, decks, porches, and similar structures that are open and unenclosed on at least 2 sides shall be allowed to extend to the rear property line in the beach rear yard setback but not within the minimum side yard setbacks.
2. 
For Multi-Unit Residential District parcels bounded by Neilson Way to the east, Ocean Park Boulevard to the south, Barnard Way to the west, and up to and including the parcels on the north side of Wadsworth Avenue to the north, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. 
Uses.
i. 
Permitted Uses: Single-Unit Dwelling; Duplex on any legal parcel that existed on August 31, 1975; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Family Day Care, Small; Family Day Care, Large; Hospice, Limited; Supportive Housing, Transitional Housing; Public Parks and Playgrounds.
ii. 
Uses Subject to Minor Use Permits: One-Story Accessory Buildings up to 14 feet in height on parcels having a minimum area of 10,000 square feet, exclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units; Hospice, General.
iii. 
Conditionally Permitted Uses: One-Story Accessory Buildings over 14 feet in height or two-story accessory buildings up to a maximum of 24 feet, exclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units.
b. 
Maximum Building Height. 2 stories, not to exceed 23 feet for a flat roof or 30 feet for a pitched roof. A "pitched roof" is defined as a roof with at least 2 sides having no less than one foot of vertical rise for every 3 feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. There shall be no limitation on the number of stories of any affordable housing project, as long as the building height does not exceed the maximum number of feet permitted in this Section.
c. 
Maximum Allowable Density. A minimum of one unit per 1,500 square feet of parcel area, or 4 units total, whichever is less. However, one duplex shall be permitted on any legal parcel that existed on August 31, 1975. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.
d. 
Maximum Parcel Coverage. 60% of the parcel area. For projects with a base density consisting of 8 to 10 units, an increase in parcel coverage shall be permitted as necessary to ensure a Floor Area Ratio of 1.25.
e. 
Minimum Parcel Size. 3,000 square feet. Each parcel shall have a minimum depth of 100 feet and a minimum width of 30 feet, except that parcels already developed and existing on September 8, 1988, shall not be subject to this requirement.
f. 
Front Yard Setback. 10 feet.
g. 
Rear Yard Setback. 15 feet.
h. 
Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side yard setback shall be 10% of the parcel width, but in any event not less than 4 feet:
5′ + (stories x lot width)/50′
i. 
Front Yard Paving. No more than 50% of the area of the required front yard setback, including driveways, shall be paved.
j. 
Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, "residential dwelling unit" shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.
k. 
Design Review. Pursuant to Section 9.55.170, Architectural Review District Boundaries, all projects are subject to design review subject to Chapter 9.55, Architectural Review.
3. 
For Multi-Unit Residential District parcels bounded by Appian Way to the east, Vicente Terrace to the south, Ocean Front Walk to the west, and Seaside Terrace to the north, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. 
Uses.
i. 
Permitted Uses: Single-Unit Dwellings; Multiple-Unit Dwellings; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Single-Room Occupancy Housing; Congregate Housing; Senior Citizen Multiple-Unit Residential; Senior Group Residential; Family Day Care, Small; Supportive Housing; Transitional Housing; Hospice, Limited; One-Story Accessory Building and Structures up to 14 feet in height; Public Parks and Playgrounds.
ii. 
Uses Subject to Minor Use Permits: One-Story Accessory Living Quarters up to 14 feet in height on parcels having a minimum area of 10,000 square feet; Hospice, General.
iii. 
Conditionally Permitted Uses: Bed and Breakfast; Day Care Center; Group Residential; Residential Care Facility; Community Assembly; Emergency Shelter; One-Story Accessory Buildings over 14 feet in height or Two-Story Accessory Buildings up to a maximum of 24 feet; Offices and Meeting Rooms for Charitable, Youth, and Welfare Organizations; Schools; Convenience Market; Bicycle and Skate Rental Facilities; Underground Parking Structures provided the parcel was occupied by a surface parking lot at the time of adoption of this Chapter, the parcel is not adjacent to a parcel in the NC District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible.
b. 
Maximum Building Height. 2 stories, not to exceed 30 feet, except that there shall be no limitation on the number of stories of any affordable housing project, as long as the building height does not exceed 30 feet.
c. 
Maximum Floor Area Ratio. 1.0. For projects with a base density consisting of 8 to 10 units, a Floor Area Ratio of 1.25 is permitted.
d. 
Maximum Allowable Density. For projects on parcels of 4,000 square feet or more, one dwelling unit for each 1,500 square feet of parcel area shall be permitted, or 5 units total, whichever is less. For parcels less than 4,000 square feet, one dwelling unit may be permitted if a single-unit dwelling existed on the parcel on September 8, 1988, except that more units may be otherwise permitted in accordance with Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.
e. 
Maximum Parcel Coverage. 50% of the parcel area. For projects with a base density consisting of 8 to 10 units, an increase in parcel coverage shall be permitted as necessary to ensure a Floor Area Ratio of 1.25.
f. 
Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement.
g. 
Front Yard Setback. The minimum required front yard setback shall be either 20 feet, or shall comply with the minimum front yard setback for the district as set forth in the Official Districting Map, whichever area is greater.
h. 
Rear Yard Setback. 15 feet.
i. 
Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side yard setback shall be 10% of the parcel width, but in any event not less than 4 feet:
5′ + (stories x lot width)/50′
j. 
Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, "residential dwelling unit" shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.
k. 
Upper-Level Stepback Requirements.
i. 
Additional Front Stepback Over 14 Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above 14 feet exceeding 75% of the maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to 4% of parcel depth, but in no case resulting in a requirement stepback greater than 10 feet. As used in this Section, "maximum buildable elevation" shall mean the maximum potential length of the elevation permitted under these regulations, which includes parcel width or length (as applicable), minus required minimum setbacks.
ii. 
Additional Side Stepback Over 14 Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above 14 feet exceeding 50% of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to 6% of parcel width, but in no case resulting in a required stepback greater than 10 feet.
iii. 
The upper-level stepback requirements may be modified subject to the review and approval of the Architectural Review Board if the Board finds that the modification will not be detrimental to the property, adjoining properties, or the general area in which the property is located, and the objectives of the stepback requirements are satisfied by the provision of alternative stepbacks or other features which reduce effective mass to a degree comparable to the relevant standard requirement.
B. 
Additional Stepback at Upper Stories. The maximum building height shall not exceed 30 feet in the R2 District, 40 feet in the R3 District, and 45 feet in the R4 District, and shall be subject to the following standards:
1. 
R2 District. No portion of the building volume above 23 feet shall encroach into a daylight plane starting at 23 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 23-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.
2. 
R3 District. No portion of the building volume above 35 feet shall encroach into a daylight plane starting at 35 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 35-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.
3. 
R4 District. No portion of the building volume above 40 feet shall encroach into a daylight plane starting at 40 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 40-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.
4. 
The covered portion of all stories above the second story in any multi-unit structure shall be set back an average of 10 feet from the second floor front façade.
C. 
Front and Side Setbacks.
1. 
The front yard setback on Arcadia Terrace and Seaview Terrace shall be 30 feet measured from the centerline of the walkway.
2. 
In the R2, R3, and R4 Districts, the street side setback shall be at least 15% of the parcel width but no less than 6 feet and is not required to exceed 10 feet.
3. 
Where a corner parcel in an R2, R3, or R4 District abuts a parcel in an R1 District, the street side setback shall be at least half of the required front setback in the adjacent R1 District.
D. 
Transition Requirements Adjacent to R1 District. Where an R2, R3, or R4 District adjoins an R1 District, the following standards apply:
1. 
The maximum height within 25 feet of an R1 District is 23 feet for a building with a flat roof. A building with a pitched roof may be built to the maximum height.
2. 
The building setback from an R1 District boundary shall be 10 feet for interior side setbacks and 20 feet for rear setbacks.
3. 
A landscaped planting area, a minimum of 5 feet in width, shall be provided along all R1 District boundaries. A tree screen shall be planted in this area with trees planted at a minimum interval of 15 feet.
E. 
Special Project Design and Development Standards. The new construction of or new addition to a principal building shall comply with the following standards:
1. 
Street-facing pedestrian entries shall not be located below grade, and any excavation to access the entry shall be prohibited.
2. 
An additional 5-foot setback beyond the minimum front setback set forth in Section 9.08.030 is required for at least 25% of the width of the front façade. This setback shall be fully integrated into the building through balconies, decks, or other elements that articulate the front of the building.
3. 
All required setbacks set forth in Section 9.08.030 shall be open to the sky except for permitted architectural projections contained in Section 9.21.110.
4. 
Mezzanines shall be concealed within the building and shall not appear as an additional story on the exterior building façade.
5. 
An additional 2-foot average side setback from the minimum side setback requirement set forth in Section 9.08.030 shall be provided at each story. Setback areas greater than 5 feet in depth from the minimum side yard setback, or the area used to comply with the additional setback requirements of this Section, shall not be used to satisfy compliance with this requirement.
6. 
The allocation of allowable parcel coverage area shall be distributed to provide clear delineation between individual units through: changes in wall plane, in plan or section; use of additional stepbacks; use of decks or balconies; or other architectural and spatial manipulation. A change in plane to differentiate individual units shall be a minimum of 12 inches. However, more than one but no more than 3 units may be grouped together for the purpose of providing a shared entry, balcony or other common exterior space.
F. 
Courtyards. Parcels having a width greater than 99 feet and located in the R2, R3, or R4 District shall provide a courtyard on the lot. Courtyards shall comply with the following design criteria:
1. 
Courtyards shall be no less than 10% of the total lot area and in no case less than 1,000 square feet with a minimum width and length of 18 feet measured parallel to the front and side parcel lines. Required setback area shall not count toward the minimum width and length or 1,000 square foot requirement.
2. 
Courtyards shall be open to the sky, but may include permitted projections set forth in Section 9.21.110 for side yard projections. If mechanical or utility equipment is placed in the courtyard, it shall be screened visually and acoustically and shall not encroach into the minimum courtyard area.
3. 
A minimum of 50% of the courtyard's perimeter shall be enclosed by a building.
4. 
Courtyards shall be visible and accessible from the sidewalk and each ground floor unit. Courtyards shall be visible from the street with a minimum 10-foot wide opening that is open to the sky. For openings less than 18 feet in width into courtyards, the depth of the opening shall not exceed twice the width of the opening.
5. 
At least 50% of courtyard areas shall be planted pursuant to Sections 9.26.060 and 9.26.070. Planting shall be at grade or in finished planters not exceeding 18 inches above finished grade. At least one canopy tree in a tree well providing a minimum soil volume pursuant to Section 9.26.050(A)(3) shall be planted in all courtyards.
6. 
The majority of primary entrances to all ground floor units shall be accessed from the street frontage or courtyard.
G. 
Planting Areas. The following areas shall be landscaped and may count toward the total area of site landscaping required by Table 9.08.030.
1. 
Setback Areas Adjacent to Streets. All visible portions of a required setback area adjacent to a street that are not used for driveways or walks shall be dedicated for planting areas or landscaping. These areas shall be planted with the appropriate number and sizes of trees as necessary to provide shade and to increase a project's energy efficiency. Recreational vehicles, utility trailers, unmounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required planting or landscape area.
2. 
Interior Side Setback Areas. At least 50% of each required setback area shall be planting area, except that for parcels less than 50 feet in width, 50% of any one interior side setback area shall be planted.
3. 
Adjacent to R1 Districts. A continuous planting area having a minimum width of 5 feet is provided along interior parcel lines when an R2, R3, or R4 District is adjacent to an R1 District.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 5, adopted June 14, 2016; Ord. No. 2536CCS § 17, adopted February 28, 2017; Ord. No. 2576CCS § 2, adopted June 12, 2018; Ord. No. 2649CCS § 9, adopted September 8, 2020; Ord. No. 2742CCS § 2, adopted April 11, 2023)