In addition to the objectives prescribed in Section
18.04.010 of this title, the RM multi-family residential districts are included in this title to achieve the following purposes:
A. To reserve appropriately located areas
for family living in a variety of types of dwellings at a reasonable
range of population densities consistent with sound standards of public
health and safety;
B. To preserve as many as possible of the
desirable characteristics of the one-family residential district while
permitting higher population densities;
C. To ensure adequate light, air, privacy
and open space for each dwelling unit;
D. To provide space for semipublic facilities
needed to complement urban residential areas and space for institutions
that require a residential environment;
E. To minimize traffic congestion and to avoid
the overloading of utilities by preventing the construction of buildings
of excessive size in relation to the land around them;
F. To provide necessary space for off-street
parking of automobiles and, where appropriate, for off-street loading
of trucks;
G. To protect residential properties from
the hazards, noise and congestion created by commercial and industrial
traffic;
H. To protect residential properties from
noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration,
heat, glare and other objectionable influences;
I. To protect residential properties from
fire, explosion, noxious fumes and other hazards.
(Prior code § 2-6.22)
All uses in the RM districts shall comply with the regulations prescribed in Chapter
18.84 of this title.
(Prior code § 2-6.23)
The following uses shall be permitted
in the RM multi-family residential districts:
A. One-family dwellings in which not more
than two guest sleeping rooms may be used for lodging or boarding.
C. Combinations of attached or detached dwellings,
including duplexes, multi-family dwellings, dwelling groups, row houses
and townhouses.
D. Nursing homes and senior care/assisted
living facilities for not more than three patients.
E. Accessory structures and uses located on the same site as a permitted use and the following accessory structures and uses located on the same site with a permitted use or with a conditional use which has been granted a use permit in accord with the provisions of Chapter
18.124 of this title:
1.
Emergency standby electricity generator,
fuel cell, and/or battery facilities provided that the facilities
shall be tested from 8:00 a.m. to 5:00 p.m. Monday through Friday
or from 10:00 a.m. to 12:00 noon on Satur-day or Sunday only; the
facilities shall not be tested for more than one hour during any day,
and no testing shall be on federal holidays or on "Spare the Air Days"
in Alameda County;
F. Not more than two weaned household pets,
excepting fish and caged birds.
G. Large and small family daycare homes.
H. Accessory dwelling or junior accessory dwelling units meeting the requirements in Chapter
18.106 of this title.
I. Employee housing (agricultural) that complies
with California
Health and Safety Code Sections 17008, 17021.5 and
the other applicable provisions of the Employee Housing Act at California
Health and Safety Code Section 17000 et seq., and to include a residential
safety management plan.
J. Supportive housing, subject to the provisions of Chapter
18.107.
K. Transitional housing, subject to the provisions of Chapter
18.107.
L. Beekeeping meeting the requirements of Chapter
18.103 of this title.
(Prior code § 2-6.24; Ord. 1126 § 7, 1984; Ord. 1636 § 5, 1994; Ord. 1743, 1998; Ord. 1880, 2003; Ord. 1885 § 2, 2003; Ord. 2061 § 2, 2013; Ord. 2062 § 2, 2013; Ord. 2086 § 2, 2014; Ord.
2113 § 1, 2015; Ord. 2161 § 1, 2017; Ord. 2213 §
2, 2021; Ord. 2244 § 2, 2023)
The following conditional uses shall be permitted in the RM districts upon the granting of a use permit, in accord with the provisions of Chapter
18.124 of this title:
B. Churches, convents, monasteries, parish
houses, parsonages and other religious institutions.
D. Hospitals and sanitariums, not including
hospitals and sanitariums for mental, drug addict or liquor addict
cases.
F. In the RM-1,500 district only, motels.
H. Private recreation parks and swim clubs.
I. Private schools, tutorial schools, and
colleges, not including art, craft, music, dancing, business, professional
or trade schools or colleges.
J. Private noncommercial clubs and lodges,
not including hiring halls.
K. Public utility and public service facilities
including pumping stations, power transmission stations, power distribution
stations, equipment buildings, service yards, drainageways and structures,
water reservoirs, percolation basins, well fields, and storage tanks.
These facilities must be found by the planning commission to be necessary
for the public health, safety, or welfare.
L. Trailer parks in accord with the regulations prescribed in Chapter
18.108 of this title.
M. Accessory structures and uses located on
the same site as a conditional use and the following accessory structures
and uses located on the same site as a permitted use or a conditional
use that has been granted a use permit:
1.
Small electricity generator facilities
located on the same site as multi-family dwellings, a charitable institution,
religious institution, golf course, hospital, sanitarium, lodging
house, motel, nursery school, nursing home, senior care/assisted living
facility, private recreation park, private swim club, private school,
private noncommercial club, or public facility and that meet the following
criteria:
a.
The fuel source for the generators
shall be natural gas, biodiesel, or the byproduct of an approved cogeneration
or combined cycle facility;
b.
The facilities shall use the best
available control technology to reduce air pollution;
c.
The facilities shall not create any
objectionable odors at any point outside of the property plane where
the facilities are located;
d.
The facilities shall not exceed a
noise level of 45 dBA at any point on any residentially zoned property
outside of the property plane where the facilities are located;
e.
On a site with fuel cell facilities,
small electricity generator facilities shall not be permitted unless
the aggregate wattage of the two facilities is less than one megawatt.
If the aggregate wattage of the two facilities is one megawatt or
greater, the small electricity generator facilities shall be subject
to all requirements and processes prescribed in this title for medium
or large electricity generator facilities, whichever is the most applicable,
in the subject zoning district; and
f.
The facilities shall be cogeneration
or combined cycle facilities, if feasible;
2.
Small fuel cell facilities that meet
the following criteria:
a.
The facilities shall not create any
objectionable odors at any point outside of the property plane where
the facilities are located;
b.
The fuel cell facilities shall not
exceed a noise level of 45 dBA at any point on any residentially zoned
property outside of the property plane where the facilities are located;
and
c.
On a site with electricity generator
facilities, small fuel cell facilities shall not be permitted unless
the aggregate wattage of the two facilities is less than one megawatt.
If the aggregate wattage of the two facilities is one megawatt or
greater, the small fuel cell facilities shall be subject to all requirements
and processes prescribed in this title for medium or large fuel cell
facilities, whichever is the most applicable, in the subject zoning
district;
Small fuel cell facilities are encouraged
to be cogeneration or combined cycle facilities.
|
N. Home occupations conducted in accord with the regulations prescribed in Chapter
18.104 of this title.
O. Small bed and breakfasts and bed and breakfast inns in accordance with provisions of Chapter
18.124 of this title.
(Prior code § 2-6.25; Ord. 1126 § 8, 1984; Ord. 1153 §§ 1, 2, 1984; Ord. 1636 § 6, 1994; Ord. 1690 § 4, 1996; Ord.
1743, 1998; Ord. 1812,
2000; Ord. 1880, 2003; Ord. 1885 § 2, 2003; Ord. 2086 § 2, 2014; Ord. 2244 § 2, 2023)
The following conditional uses shall be permitted in RM districts upon the granting of a temporary conditional use permit in accord with the provisions of Section
18.116.050 of this title:
A. Christmas tree sales lots.
(Ord. 1443 §
2, 1989)
The following uses shall not be permitted
in the RM districts:
A. Any use not specifically or conditionally permitted by this chapter, unless a determination is made under Chapter
18.128 of this title.
B. Barbed wire fences or any fence which has
attached to it, for purposes of prohibiting people or animals from
climbing the same, barbed wire regardless of type, with the following
exceptions:
1.
Where this title specifically allows
for the keeping of horses,
2.
Where property, although zoned for
residential use, has not yet developed pursuant to that zoning and,
thus, a great deal of open acreage still remains and is used for the
keeping of horses and other animals included in the agricultural district,
such usage becoming nonconforming as a result of the change in zoning.
E. Any process, equipment or material which has been determined by the planning commission to be detrimental or harmful to the public health, safety or welfare or injurious to property. This determination shall be made at a public hearing set and noticed pursuant to Section
18.12.040 of this title and shall be subject to review by or appeal to the city council as set forth in Section
18.124.090 of this title.
(Prior code § 2-6.25(a); Ord. 1738 § 1, 1998; Ord. 1880, 2003)
In an RM-1,500 district where all
required parking is located under or within the same structure as
the dwelling units served, one dwelling unit shall be permitted for
each 1,200 square feet of site area.
(Prior code § 2-6.26)
Electric and communication service
wires to a new structure shall be placed underground from the nearest
utility pole. If the city engineer finds upon application by the property
owner, that compliance is not feasible or economically justifiable,
he or she shall permit different service arrangements. The property
owner shall comply with the requirements of this section without expense
to the city and shall make the necessary arrangements with the public
utility involved.
(Prior code § 2-6.27; Ord. 2000 § 1, 2009)
Off-street parking facilities shall be provided for each use in the RM districts as prescribed in Chapter
18.88 of this title.
(Prior code § 2-6.28)
Off-street loading facilities shall be provided for each use in the RM districts as prescribed in Chapter
18.92 of this title.
(Prior code § 2-6.29)
For new multi-family dwellings of 20 units or more that are on sites located within one-half mile of a BART station platform, a transit benefit shall be required as provided in Chapter
17.26.
(Ord. 2094 §
2, 2014)
No sign, outdoor advertising structure, or display of any character shall be permitted in the RM districts except as prescribed in Chapter
18.96 of this title.
(Prior code § 2-6.30)
All uses shall be subject to design review as prescribed in Chapter
18.20 of this title except for accessory dwelling units as provided in Chapter
18.106. Applicants are advised to confer with the zoning administrator before preparing detailed plans.
(Prior code § 2-6.31; Ord. 1656 § 1, 1995; Ord. 2213 § 2, 2021)