(A) Site Development Permit. A discretionary permit for physical site development such as an addition, exterior remodel, or new construction associated with an allowed use is known as a "site development permit." SCCC §
13.11.035 identifies the types of site development projects which require a site development permit. The processing procedures and findings for site development permits are detailed in Chapter
18.10 SCCC, Discretionary Permit Approval Procedures.
(1) Design review is required for some site development permits pursuant to SCCC §
13.11.040 through §
13.11.080.
(2) Modification of a site or structure with a valid site development permit may be processed as an amendment to the existing site development permit in accordance with SCCC §
18.10.134. For modifications to a legal nonconforming structure, or modifications to a structure accommodating a legal nonconforming use, see SCCC §
13.10.260 et seq.
(B) Site Area for the Creation of New Sites.
(1) Calculation of Land Area. Inside the urban services line or rural services line, land area is based on gross site area, minus any coastal bluffs, beaches, and land seaward of the mean high tide line of Monterey Bay. Outside the urban and rural services lines, land area is based on net developable site area. See SCCC §
13.10.700 for definitions of "site area, gross" and "site area, net developable."
(2) Maximum Land Area per Dwelling Unit (Minimum Density). Maximum land area allowed for each dwelling unit on a new site shall be determined by the density range provided by the General Plan designation for the parcel.
(3) Minimum Land Area per Dwelling Unit (Maximum Density).
(a) RA and RR Residential Districts. Minimum land area required for each dwelling unit on each site shall be established by the rural residential density determination matrix (Chapter 13.14 SCCC) outside the urban services line and rural services line or shall be one acre inside the rural services line.
(b) R-1 and RM Residential Districts. Zone district names shall be combined with a number which shall indicate the minimum land area required for each dwelling unit on each site in the district. For example: "R-1-6" means a minimum land area of 6,000 square feet per dwelling unit. The R-1 Single-Family Residential District located outside the urban services line recognizes as conforming those parcels that are generally less than one acre in size, are legal lots of record, and were developed with or intended for development of a single-family residence. Newly created parcels outside the urban services line shall not be zoned R-1.
(c) RB Ocean Beach Residential District. Minimum land area per dwelling unit is 4,000 square feet.
(d) RF Residential Flex District. Maximum density is 45 dwelling units per acre (968 square feet per dwelling unit).
(4) Parcel size shall be consistent with the General Plan, Local Coastal Program Land Use Plan, the Geological Hazards Ordinance (Chapter 16.10 SCCC), and the minimum parcel size standards in SCCC §
13.10.510(G).
(5) In the zone districts listed in subsections
(B)(3)(a) through
(d) of this section, one single-family dwelling is permitted on existing parcels regardless of the site area standards if other infrastructure requirements can be met, such as water and sewer, and if all other applicable LCP requirements are met.
(C) Site and Structural Dimensions Chart. The following single-family and multifamily charts show development standards for residential zone districts. These standards shall apply within all residential R zone districts, except as noted elsewhere in this section, and in the general exceptions as noted in SCCC §
13.10.510 et seq.
Table 13.10.323-1: Single-Family Residential Site and Structural Dimensions Chart |
|---|
Develop-ment Standards | Standards by Zone1,2 |
|---|
RB | R-1-2.5 to R-1-4 | R-1-5 | R-1-6 to R-1-9 | R-1-10 to R-1-15 | R-1-16 to R-1<1 acre | RR, RA, R-1>1 acre |
|---|
Parcel Dimensions (new parcels) |
Minimum site width (feet) | 40 | 35 | 35 | 60 | 60 | 90 | 1-5 acres: 100 > 5 acres: 150 |
Minimum parcel frontage (feet) | 40 | 35 | 35 | 60 | 60 | 60 | 1-5 acres: 60 > 5 acres: 100 |
Building Massing1 |
Maximum building height | 25 (17 for beach lots) | 28 | 28 | 28 | 28 | 28 | 28 |
Maximum number of stories | 2 (1 for beach lots) | 2 | 2 | 2 | 2 | 2 | 3 |
Maximum floor area ratio (FAR)3 | 0.5 | R-1-2.5: 0.7 R-1-3: 0.6 R-1-4: 0.6 | 0.5 | 0.5 | 0.5 | NA | NA |
Maximum parcel coverage ("lot coverage") | 40% | 45% | 40% | 40% | 40% | 20% | 10% |
Building Setback Distance From Property line1,4,5 |
Front yard setback (feet) | 10 | 15 | 15 | 20 | 20 | 20 | 20 |
Side yard setbacks—interior (feet) | 0 & 5 | 5 & 5 | 5 & 8 | 5 & 8 | 10 & 10 | 15 & 15 | 20 & 20 |
Side yard setback—street-facing (feet) | 10 | 8 | 10 | 10 | 10 | 15 | 20 |
Rear yard setback (feet) | 10 (0 for beach lots) | 15 | 15 | 15 | 15 | 15 | 20 |
Front, side, or rear yard setback—garage/carport entrance (feet) | 20 | 18 | 20 | 20 | 20 | 20 | 20 |
1. Building massing and setback standards are provided for primary dwellings. See SCCC § 13.10.611 for development standards for accessory structures, including detached garages. See SCCC § 13.10.681 for development standards for accessory dwelling units (ADUs). |
2. Exceptions to site development standards apply per subsection (E) through (G) of this section. |
3. To calculate FAR, see SCCC § 13.10.510 and § 13.10.700 for "floor area ratio" and related definitions. |
4. Sidewalks and other amenities for pedestrians, bicyclists, and transit riders are required based on street typology and roadway classification. Space for these amenities may lead to larger front and street side setback requirements. See SCCC § 15.10.050 and County Design Criteria. |
5. See SCCC § 13.16.093, Sight distance, for areas in which no structure, fence, or retaining wall shall exceed three feet in height. In some cases sight distance requirements may require a structure to be set back farther than the zone district requirements. |
Table 13.10.323-2: Multifamily Residential Site and Structural Dimensions Chart |
|---|
Development Standards | Standards by Zone 1,2 |
|---|
RF | RM-1.5 to RM-2.5 | RM-3 to RM-4 | RM-4.5 | RM-5 to RM-6 | RM-6.5 to RM-9 |
|---|
Parcel Dimensions (new parcels) |
Minimum site width (feet) | 50 | 35 | 35 | 35 | 50 | 60 |
Minimum parcel frontage (feet) | 50 | 35 | 35 | 35 | 50 | 60 |
Building Massing1 |
Maximum building height | 40 | 28 (outside USL) 35 (within USL) | 28 (outside USL) 35 (within USL) | 28 | 28 | 28 |
Maximum number of stories | 3 | 3 | 3 | 2 | 2 | 2 |
Maximum floor area ratio (FAR)3 | 1.1 (< 30 du/acre) 1.5 (≥30 du/acre) | 0.7 | 0.6 | 0.5 | 0.5 | 0.5 |
Maximum parcel coverage ("lot coverage") | NA | 45% | 45% | 45% | 45% | 45% |
Building Setback Distance from Property Line1,4,5 |
Front yard setback (feet) | 10 | 15 | 15 | 15 | 20 | 20 |
Side yard setbacks—interior (feet) | 5 & 5 | 5 & 5 | 5 & 5 | 5 & 5 | 5 & 8 | 5 & 8 |
Side yard setback—street (feet) | 8 | 8 | 8 | 8 | 8 | 8 |
Rear yard setback (feet) | 15 | 15 | 15 | 15 | 15 | 15 |
Front, side, or rear yard setback—Garage/carport entrance (feet) | 18 | 18 | 18 | 20 | 20 | 20 |
Third story setback (feet) | Minimum of 50% of exterior walls of the third story set back at least 10 feet from property setback lines | NA | NA | NA |
1. Building massing and setback standards are provided for primary dwellings. See SCCC § 13.10.611 for development standards for accessory structures, including detached garages. See SCCC § 13.10.681 for development standards for accessory dwelling units (ADUs). |
2. Exceptions to site development standards apply per subsections (E) through (G) of this section. |
3. To calculate FAR, see SCCC § 13.10.510 and § 13.10.700 for definition of "Floor Area Ratio" and related definitions. See SCCC § 13.10.323(F)(8) for FAR exemption. |
4. Sidewalks and other amenities for pedestrians, bicyclists, and transit riders are required based on street typology and roadway classification. Space for these amenities may lead to larger front and street side setback requirements. See SCCC § 15.10.050 and County Design Criteria. |
5. See SCCC § 13.16.093, Sight distance, for areas in which no structure, fence, or retaining wall shall exceed three feet in height. In some cases sight distance requirements may require a structure to be set back farther than the zone district requirements. |
(D) Usable Open Space. In RM and RF Districts, common and private usable open space shall be provided according to the following table:
Table 13.10.323-3: Usable Open Space Requirements |
|---|
Type of Open Space | RM Districts | RF District |
|---|
Common open space | Minimum of 200 sf per unit. Minimum dimension of 15' for sites up to 1/2 acre, and 20' for sites larger than 1/2 acre. | Minimum 15% of gross site area (common and/or private space). If group open space provided, apply a minimum dimension of 15' for sites up to 1/2 acre, and 20' for sites larger than 1/2 acre. |
Private open space (must be directly accessible from the dwelling unit served) | Minimum of 60 sf per unit, with a minimum dimension of 6'. | Minimum of 60 sf per unit for 50% or more of units included in project, with a minimum dimension of 6'. |
All required usable open space:
(1) Shall be planted with lawn or ground cover, or surfaced with dust-free material;
(2) Shall be screened from streets and adjacent sites;
(3) If above ground, shall be open on at least one side;
(4) Shall not be located in a parking area, driveway, or service area;
(5) Shall not have a slope of more than 10 percent; and
(6) Shall not be obstructed except by improvements that enhance its usability, such as swimming pools, fountains, sunshades, and plantings.
(E) Site and Structural Dimensions Exceptions Relating to Parcels.
(1) Parcels Created From New Land Divisions. Within any new land division project, all development standards on all lots or parcels which abut the periphery of the project site are subject to all the restrictions stated in this section unless a variance is obtained. On individual lots or parcels within any land division project not abutting the periphery of the project site, site and structural dimensions may vary from the general requirements for the zone district; provided, that the approved standards and dimensions for each new lot or parcel are specifically indicated on the approved tentative map.
(2) Nonconforming Parcels. On a lot which contains less than 80 percent of the minimum site area required in the applicable zone district, or has less than 80 percent of the minimum width, or frontage, the building setbacks required shall be equal to those in the zone district having a minimum site area or dimensions which most closely correspond to those of the substandard lot.
(3) Parcels Reduced Due to Right-of-Way Dedications.
(a) A site area variance approval shall not be required for a new single-family dwelling or additions to an existing single-family dwelling on an existing lot of record which is reduced in size to less than the minimum site area required in the applicable zone district due to requirements for a public dedication of right-of-way.
(b) For a new or existing single-family dwelling on an existing lot of record which becomes nonconforming due to a public dedication of right-of-way, variances to building setback and structural dimension requirements shall not be required; provided, that the front yard setback is not less than 15 feet and the street side yard setback is not less than six feet.
(4) Parcels With Agricultural, Geological or Environmental Resources and/or Constraints. For setbacks from fault zones, floodplains/floodways, and coastal bluffs and beaches, see SCCC §
16.10.070. For setbacks from riparian corridors see SCCC §
16.30.040. For setbacks from sensitive habitats, see SCCC §
16.32.090. For setback/buffer requirements for parcels abutting commercial agricultural, CA zoned parcels, see SCCC §
16.50.095.
(5) Parcels With Steep Slopes.
(a) In all residential zone districts, if the elevation of the lot at a point 50 feet from the center line of the traveled roadway is seven feet or more above or below the elevation of said center line, an attached or detached carport which (in the interest of public safety) is unenclosed on all sides may be built to within five feet of the front property line or edge of right-of-way of the lot. Open safety railings no more than 42 inches in height may be constructed to the property line without a development permit, except that in the Coastal Zone a coastal development permit will be required for all such development unless it is exempt from coastal development permit requirements pursuant to SCCC §
13.20.060 or §
13.20.070.
(b) In the RB District, where the site abuts an existing street, road, or easement for road purposes recorded in the County Recorder's Office before March 25, 1969, and where the front 30 feet of the site exceeds a slope of 25 percent, no front yard is required.
(6) Parcels With Double Frontage. When both the front and rear property lines of a parcel abut on a right-of-way to which it has legal access, the required front yards shall be measured from both rights-of-way. Only one of the front yards shall be required to meet the off-street parking criteria described in Chapter 13.16 SCCC.
(7) Parcels With Narrow Width. Non-corner parcels with parcel width less than 60 feet may apply side yard setbacks of five feet, if a greater side yard setback is usually required for the zone district where the parcel is located.
(8) For parcels where there is an historic resource that has been designated consistent with the California Register of the State Office of Historic Preservation and Chapter 16.42 SCCC, the maximum parcel coverage shall be 1.25 times that of the applicable zone district, and the floor area ratio (FAR) shall be 0.6:1 in any zone district where the standard FAR is 0.5:1. Development shall be consistent with State Office of Historic Preservation guidance and with Chapter 16.42 SCCC.
(9) Fire Safe Setbacks in State Responsibility Areas. Greater setbacks may apply for parcels in State Responsibility Areas (SRAs). See the County GIS system to determine if a parcel is in an SRA, and the State Fire Code and Title
14, Chapter
7, Section
1270.00, et seq. of the California Code of Regulations for State SRA Fire Safe Regulations.
(F) Site and Structural Dimension Exceptions Relating to Structures.
(1) Structural Encroachments. Eaves, chimneys, bay windows (less than 60 inches in height), uncovered, unenclosed porches, decks, stairways, and landings may extend into required front and rear yard by six feet; provided, that balconies or decks must be cantilevered in order to encroach. Eaves, chimneys and uncovered, unenclosed stairways and landings may extend into required side yard three feet. Decks less than 18 inches high may be constructed to property lines. Second story rooftop decks and landings are not permitted. Structural encroachments associated with accessory dwelling units must preserve minimum two-foot interior side and rear setbacks.
(2) Affordable Housing. Variations from maximum structural height, maximum number of stories and maximum floor area as defined by FAR may be approved with a residential development permit by the appropriate approving body for affordable housing unit developments built on site or off site in accordance with SCCC §
13.10.681, §
13.10.685 and Chapter
17.10 SCCC.
(3) Missing Middle Housing.
(a) Per California Government Code Section
65913.11 (SB 478), certain small housing projects shall have no maximum density and a maximum FAR as follows:
(i) Three to seven housing units: maximum FAR 1.0.
(ii) Eight to 10 housing units: maximum FAR 1.25.
(b) Eligible housing projects for subsection
(F)(3)(a) of this section must be located within a Census designated urban area, in the RM or RF Zone District, and not within the "L" combining zone district.
(c) On sites with multiple parcels, attached single-family homes may be constructed with their attached wall along the property line.
(4) Structures Designed for Solar Access.
(a) Criteria for New Construction. In cases where it is not possible to orient a new building southward within the applicable yard requirements for the purpose of incorporating an active or passive solar energy system, a reduction in such yard requirements may be authorized with an MSP issued pursuant to Chapter
18.10 SCCC; provided, that:
(i) The purpose of the reduction is to incorporate an active or passive solar energy system into the new building;
(ii) The building envelope would comply with all zoning provisions if oriented parallel to the lot lines;
(iii) The reduced yard requirement will not restrict emergency access or present a fire hazard; and
(iv) The reduced yard requirement will not be detrimental or injurious to property or improvements in the neighborhood, and will not limit solar energy access on neighboring property to a greater extent than if the building envelope complied with the required setbacks.
(b) Criteria for Structural Additions. In cases where it is not possible to make additions to an existing structure within the applicable yard requirements for the purpose of attaching an active or passive solar energy system, reduction in such yard requirements may be authorized with an MSP issued pursuant to Chapter
18.10 SCCC; provided, that:
(i) The reduced yard requirement will not restrict emergency access, or present a fire hazard;
(ii) The reduced yard requirement will not be detrimental or injurious to property or improvements in the neighborhood, and will not limit solar energy access on neighboring property to a greater extent than if the building envelope complied with the required setbacks; and
(iii) The portion of the addition within the required setback is designed for the primary purpose of collecting solar energy.
(5) Structures Larger Than 5,000 Square Feet. No residential structure shall be constructed which will result in 5,000 square feet of floor area or larger, exclusive of accessory structures, unless a CUP is obtained pursuant to the provisions of SCCC §
13.10.324(C).
(6) Structures Exceeding Zoning District Height Limit.
(a) With Increased Yards. An additional height allowance is allowed if all required yards are increased five feet for each foot over the permitted building height, and planning approvals are obtained according to the following table:
Parcel Size (Net Site Area) | Maximum Height Above Existing Grade | Planning Approvals Required |
|---|
Less than 2-1/2 acres | Over zoning district height limit | AUP |
2-1/2 acres or larger | Over zoning district height, up to 7 additional feet | MUP |
Over zoning district height, over 7 additional feet | AUP |
(b) With Design Review. An additional height allowance of up to five feet may be allowed without increased yards or variance approval, subject to design review and CUP approval.
(7) Front Yard Averaging.
(a) On a site situated between sites improved with buildings, the minimum front yard for the first floor of structures other than garages or carports may be the average depth of the front yards on the improved sites adjoining the side lines of the site but in no case shall be less than 10 feet.
(b) Where a site is not situated between sites improved with buildings and where sites comprising 40 percent of the frontage on a block are improved with buildings, the minimum front yard for the first floor of structures other than garages or carports may be the average of the existing front yard depths on the block but in no case shall be less than 10 feet.
(c) In computing average front yard depths, the figure 30 feet shall be used in lieu of any front yard depth greater than 30 feet.
(d) Proposed garages or carports shall meet the minimum front yard setbacks shown in this section, site and structural dimensions charts, or as allowed by subsection
(E)(5) of this section, Parcels With Steep Slopes. The required front yard setback for other accessory structures may be reduced as allowed by SCCC §
13.10.611(D).
(8) FAR Parking Exemption. Within the USL, Residential Flex, RM-1.5 to RM-2.5 and RM-3 to RM-4 projects that incorporate at least 75 percent of parking spaces with underground garages, multi-story above-ground garages, or podium parking located on or off site are not subject to a maximum FAR.
(G) Additional Exceptions to Development Standards. Applicants may apply to exceed development standards with a minor exception (SCCC §
13.10.235), variance (SCCC §
13.10.230), or planned unit development (SCCC §
18.30.183).
(Ord. 3432 § 1, 1983; Ord. 3501 § 2, 1984; Ord. 3593 §§ 5–7, 1984; Ord. 3632 §§ 7, 8, 1985; Ord. 3746 §§ 1–3, 1986; Ord. 4095 §§ 1–6, 1990; Ord. 4097 § 5, 1990; Ord. 4119 § 3, 1991; Ord. 4122 § 3, 1991; Ord. 4159 § 1, 1991; Ord. 4194 §§ 1, 4, 5, 1992; Ord. 4281 § 1, 1993; Ord. 4286 § 2, 1993; Ord. 4312 § 2, 1994; Ord. 4314 § 2, 1994; Ord. 4324A § 1, 1994; Ord. 4346 § 13, 1994; Ord. 4371 § 1, 1995; Ord. 4406 § 6, 1996; Ord. 4416 § 6, 1996; Ord. 4460 § 3, 1997; Ord. 4495 § 6, 1998; Ord. 4496-C §§ 7, 8, 9, 1998; Ord. 4641 § 3, 2001; Ord. 4646 § 3, 2001; Ord. 4727 § 5, 2003; Ord. 4737 § 2, 2003; Ord. 4751 § 6, 2003; Ord. 4782 § 3, 2005; Ord. 4808 §§ 9–16, 2005; Ord. 4836 §§ 67–76, 2006; Ord. 4850 §§ 1, 2, 2007; Ord. 4921 §§ 7, 8, 2008; Ord. 5018 §§ 1, 8–15, 2008; Ord. 5042 §§ 1, 2, 2009; Ord. 5087 §§ 3, 4, 2011; Ord. 5095 § 1, 2011; Ord. 5115 § 1, 2012; Ord. 5119 §§ 17, 18, 2012; Ord. 5124 § 1, 2012; Ord. 5126 § 2, 2012; Ord. 5152 § 4, 2013; Ord. 5181 § 2, 2014; Ord. 5239 §§ 4, 5, 2017; Ord. 5264 §§ 4, 6, 2018; Ord. 5265 §§ 4, 5, 2018; Ord. 5325 §§ 5–7, 2020; Ord 5326 §§ 5–7, 2020; Ord. 5382 § 2, 2021; Ord. 5423 § 11, 2022)