18-20.020 Residential Density.
a. Determination of Allowed Development.
1. “Density” is the number of dwellings per net acre, measured in density units. A dwelling unit, including single-family, studio apartment, one (1) to four (4) bedroom apartments, count as a density unit. Accessory and junior accessory dwelling units are not included when calculating density.
2. The following procedure shall be used to determine the maximum development allowed on a given lot or land area:
(a) Determine the Average Cross-Slope of the Site. “Average cross-slope” is the ratio, expressed as a percentage of the difference in elevation to the horizontal distance between two (2) points on the perimeter of the area for which slope is being determined. The line along which the slope is measured shall run essentially perpendicular to the contours.
(1) Where a site does not slope uniformly, average cross-slope is to be determined by proportional weighting of the cross-slopes of uniformly sloping sub-areas, as determined by the Director.
(2) Cross-slope determinations shall be based on the existing topography of the net site area after subtracting the area for any future on-site grading necessary to accommodate proposed right-of-way improvements and other on-site improvements.
(3) Cross-slope shall be calculated only for the net area as defined in subsection (a)(2)(b) of this section.
(4) When the calculation of cross-slope results in a fractional number, it shall be rounded to the next highest whole number if the fraction is one-half (1/2) or more; otherwise it shall be rounded down to the next lowest whole number.
(5) No slope-rated density reduction is required in the MUX, CD, GC and IN Zones.
(6) The maximum development allowed for each average cross-slope category is referenced in Table 12.
|
Average Cross-Slope in % |
||||||
|---|---|---|---|---|---|---|
|
RR |
LDR |
MDR |
HDR |
MUX*, CD |
C, IN |
|
|
0 – 15 |
1 |
8 |
15 |
25 |
25 |
18 |
|
16 – 20 |
1 |
6 |
9 |
12 |
25 |
18 |
|
21 – 25 |
1 |
4 |
6 |
8 |
25 |
18 |
|
26+ |
1 |
2 |
3 |
4 |
25 |
18 |
*In the MUX Zone, the maximum allowed density is twenty-five (25) units per acre except when the underlying General Plan land use designation for the property is less (such as Medium Density Residential, which is a maximum of fifteen (15) units per acre). Accessory and junior accessory dwellings shall not be included in maximum density requirements.
(b) Determine the Net Area of the Site. “Net area” is all the area within the property lines of the development site, excluding the following:
(1) Street right-of-way dedicated and proposed to be dedicated to the City;
(2) Habitat occupied by species listed as “endangered” or “threatened” by the U.S. Fish and Wildlife Service or the California Fish and Wildlife Service or as “plants of highest priority” by the California Native Plant Society, unless the Director determines there is no “practical alternative”;
(c) Multiply the resulting area (in whole and fractional acres) by the maximum density allowed (in density units per acre) according to Table 12 of this section.
(d) The resulting number (in density units, carried out to the nearest one hundredth unit) will be the maximum residential development potential. Any combination of dwelling types and numbers may be developed, so long as their combined density unit values do not exceed the maximum potential.
b. Density Transfer.
1. Development potential may be transferred within the area covered by a Planned Development (PD) Zone, in conformance with the requirements of Article 18-15.
2. Where a portion of a lot is within a zone or zones that allow residential use and the rest of the lot is in an O Zone and the portion within the O-P Zone is not large enough to allow one (1) dwelling, the fractional dwelling unit potential from the O Zone may be transferred to the other portion of the lot, without planned development rezoning.
c. Density Averaging. Where portions of a lot are within two (2) or more different zones that allow different maximum densities and any portion is not of the size required for a lot in that zone, density may be averaged over the whole lot, with each portion contributing to the overall maximum development potential in proportion to its area and maximum allowed density.
d. Density Bonus for Low Income and Moderate Income Housing. Pursuant to California Government Code Section 65915, the City may negotiate a density bonus or other benefits in exchange for provision of housing affordable to households with low or moderate income, as defined in the Government Code and as stipulated in Article 18-31 (Density Bonus).
e. Exceptions for Dwellings Rebuilt after Involuntarily Destroyed. Residences in RR, LDR, MDR, HDR, CD, GC and MUX Zones, which have been involuntarily damaged or destroyed by fire, other catastrophic event or the public enemy by more than fifty (50%) percent of their pre-damaged value, may be rebuilt at the same density and up to the same size, under the following circumstances:
1. All construction must conform to current building codes, zoning regulations and architectural guidelines, except that the previously existing number of dwelling units and size of buildings will be allowed.
2. A building permit for the replacement structure(s) must be obtained within three (3) years of the date of the damage or destruction. This time limit may be extended by the Director on a case-by-case basis.
3. Notwithstanding the above provisions, application for replacement structures of the same density and size may be denied if the Director makes one (1) of the following findings:
(a) The reconstruction, restoration or rebuilding will be detrimental or injurious to the health, safety or general welfare of persons living or working in the neighborhood.
(b) The reconstruction, restoration or rebuilding will be detrimental or injurious to property and improvements in the neighborhood.
(c) The existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the use is permitted.
(d) There no longer exists a zone in which the existing nonconforming use is permitted. (Ord. #248-2020, S2 (Exh. A))