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 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;
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)
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;
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 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)