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)
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.
B. 
Multi-family dwellings.
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 Saturday 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;
2. 
Photovoltaic facilities.
F. 
Not more than two weaned household pets, excepting fish and caged birds.
G. 
Large and small family day care 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.
M. 
Residential care facilities with up to six residents.
N. 
Low-barrier navigation center.
(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; Ord. 2277, 5/7/2024)
A. 
Single room occupancy unit facilities with up to 10 single room occupancy units, in accordance with the regulations prescribed in Chapter 18.107 of this title.
B. 
Residential care facilities with more than six residents within an existing dwelling or group residential facility. Residential care facilities must meet the parking standards of Section 18.88.030(A)(5).
(Ord. 2277, 5/7/2024)
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:
A. 
Charitable institutions.
B. 
Churches, convents, monasteries, parish houses, parsonages and other religious institutions.
C. 
Golf courses.
D. 
Hospitals and sanitariums, not including hospitals and sanitariums for mental, drug addict or liquor addict cases.
E. 
Lodging houses.
F. 
In the RM-1,500 district only, motels.
G. 
Nursery schools.
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;
d. 
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.
P. 
Single room occupancy unit facilities with more than 10 single room occupancy units, in accordance with the regulations prescribed in Chapter 18.107 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; Ord. 2277, 5/7/2024)
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.
C. 
Gunsmiths.
D. 
Firearm sales.
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)
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)
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)