Sonoma County, California, Code of Ordinances >> CHAPTER 26C - COASTAL ZONING RESOURCE DISTRICTS >> Article X. - R1—Low Density Residential District. >>

Article X. - R1—Low Density Residential District.

Sec. 26C-100A. - Purpose.

Sec. 26C-100. - Permitted uses subject to site development and erosion control standards.

Sec. 26C-101. - Uses requiring a use permit.

Sec. 26C-102. - Permitted residential density and development criteria.


Sec. 26C-100A. - Purpose.

To stabilize and protect the residential characteristics of the district and to promote and encourage a suitable environment for family life. The R1 district is intended for single family homes in low density residential areas, as provided in Section 2.2.1 of the general plan, which are compatible with existing neighborhood character.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-100. - Permitted uses subject to site development and erosion control standards.

The following uses are permitted except within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan, in which case a use permit is required. Only those uses permitted in (a) and (b) are considered principal permitted uses, except that additional dwellings beyond one single-family dwelling are not considered principal permitted uses. All clearing of vegetation, grading, excavation, fill or construction in association with these uses shall conform to the site development and erosion control standards.

(a)
Principal uses:
(1)
One (1) dwelling unit on permanent foundation per lot.
(2)
Housing opportunity type C projects that satisfy all of the applicable requirements of the general plan housing element and the coastal plan housing section, including the design and development criteria set forth in Section 26C-326.2 of the coastal zoning ordinance for type C housing opportunity areas located in low density residential four (4) dwelling units per acre areas depicted on the coastal plan land use maps . These design and development criteria shall prevail over any conflicting criteria specified below in section 26C-102. Compliance with these criteria for type C housing opportunity areas shall be determined by the decision making body. Nothing herein shall limit the ability of the decision making body to either deny or to apply conditions to the approval of a housing opportunity type C project.
(3)
Transitional housing subject to compliance with the requirements Housing Element Policy HE-4p.
(4)
One (1) second dwelling unit per lot, pursuant to Sections 26-88-060 and 26C-325.1.
(5)
Density bonus projects for affordable housing pursuant to Section 26C-326.1.
(b)
Other Uses:
(1)
Home occupations.
(2)
Small residential community care facility.
(3)
Accessory buildings and uses incidental and appurtenant to any permitted use.
(4)
Occasional cultural events, provided that a written notice stating "The Sonoma County Permit and Resource Management Department will issue a zoning permit for a cultural event (state nature and duration) on this property if a written appeal is not received within ten (10) days from the date of this notice." is posted on the property at least ten (10) days prior to issuance of a zoning permit, and no appeal pursuant to Section 26C-331 has been received from any interested person, and provided that approval is secured from the following departments: sheriff, public health, fire services, building inspection and public works. In the event of an appeal, a hearing on the project shall be held pursuant to Section 26C-331.
(5)
The outdoor growing and harvesting of shrubs, plants, flowers, trees vines, fruits, vegetables, hay, grain, and similar food and fiber crops.
(6)
Small family day care.
(7)
Large family day care provided that the applicant shall meet all performance standards listed in Section 26C-325.3.
(8)
Beekeeping.
(9)
One (1) guest house per lot.
(10)
Hobby greenhouses up to five hundred (500) square feet in floor area.
(11)
Attached commercial telecommunication facilities which meet the applicable criteria set forth in Section 26C-325.7.
(12)
Minor free-standing commercial facilities, subject to the applicable criteria set forth in Section 26C-325.7 and subject to approval of a zoning permit, including environmental review, for which notice, including a site plan and one (1) elevation with dimensions for such facility, is mailed to adjacent property owners and posted on the subject property at least ten (10) days prior to issuance of the permit and provided that no appeal pursuant to Section 26-92-040 has been received from any interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above section.
(13)
Non-commercial telecommunication facilities eighty feet (80′) or less in height subject to the applicable criteria set forth in Section 26C-325.7. Facilities between forty feet (40′) and eighty feet (80′) in height are subject to approval of a ministerial zoning permit for which notice is mailed to adjacent property owners and posted on the subject property at least ten (10) days prior to issuance of the permit and provided that no appeal pursuant to Article 47 has been received from any interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above article.
(c)
Other non-residential uses which in the opinion of the director of the permit and resource management department are of a similar and compatible nature to those uses described in Section 26C-100.

(Ord. No. 5429 § 4(b), (c), 2003; Ord. No. 5318 § 1, 2001.)

Sec. 26C-101. - Uses requiring a use permit.

(a)
Sensitive area uses:
(1)
Permitted uses listed in Section 26C-100 when located within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan.
(2)
Any clearing of vegetation, grading, excavation, fill or construction when located within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan.
(b)
Residential uses:
(1)
Planned developments and condominiums. Compatibility with adjacent development, unique characteristics, innovation, provision of amenities, and the provision of housing which is affordable pursuant to the requirements of Housing Element Sections 3.1 and 3.1.1 are additional criteria which will be utilized in evaluating such development. Condominium conversion shall be subject to the requirements of Housing Element Policy HE-3i.
(2)
Housing opportunity area type C projects based on alternative design and development criteria to those set forth in the coastal zoning ordinance for type C housing opportunity areas located in low density residential 4 dwelling units per acre areas, or, as applicable, section 26C-102 below. A use permit for such project shall not be approved unless the project meets all other requirements of the general plan and the coastal plan for type C projects. Nothing herein shall limit the ability of the decision making body to either deny or to apply conditions to the approval of a housing opportunity type C project.
(3)
Infill development subject to the requirements of the general plan housing element.
(c)
Other Uses:
(1)
Cemeteries, mausoleums, columbariums, and crematoriums.
(2)
Non-commercial clubs and lodges.
(3)
Swimming clubs, tennis clubs, golf courses but not including miniature golf courses.
(4)
Public and private nonprofit elementary schools, junior high schools, and colleges.
(5)
Churches.
(6)
Public playgrounds, parks, community centers, libraries, museums, and similar uses and buildings.
(7)
Minor public utility buildings and public service or utility uses (transmission, distribution lines and telecommunications facilities excepted) including, but not limited to, reservoirs, storage tanks, pumping stations, telephone exchanges, small power and transformer stations, fire and police stations and training centers, service yards, and parking lots which, at a minimum, meet the criteria of General Plan Policy PF-2s and which are not otherwise exempt by state law.
(8)
Exploration and development of low temperature geothermal resources for other than power development purposes provided that at a minimum it is compatible with surrounding land uses.
(9)
Large residential community care facility.
(10)
Day care center.
(11)
Intermediate free-standing commercial telecommunication facilities subject at a minimum to the applicable criteria set forth in Section 26C-325.7.
(12)
Non-commercial telecommunication facilities greater than eighty feet (80′) in height subject at a minimum to the applicable criteria set forth in Section 26C-325.7.
(13)
Small-scale homeless shelters serving ten (10) persons or less, subject to design review.
(d)
Other non-residential uses which in the opinion of the director of the permit and resource management department are of a similar and compatible nature to those uses described in Section 26C-101.

(Ord. No. 5429 § 4(c), 2003; Ord. No. 5318 § 1, 2001.)

Sec. 26C-102. - Permitted residential density and development criteria.

The use of land and structures within this district is subject to this article, the applicable regulations of this ordinance, and the provisions of any district which is combined herewith. Policies and criteria of the general plan and coastal plan shall supersede the standards herein. Development shall comply with coastal plan policies.

(a)
Residential density shall be between one (1) and six (6) dwelling units per acre as shown in the general plan land use or housing element or as permitted by a B combining district, whichever is more restrictive, provided however, that for a housing opportunity area type C project which meets all of the requirements of Section 26C-100(a)(5), or where a use permit for such project is approved pursuant to Section 26C-101(b), the maximum residential density shall be eleven (11) dwelling units per acre.
(b)
Height limits: Height for all structures is measured as the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof.

An increase in height for structures east of Highway 1 up to a maximum of thirty-five feet (35′) may be considered if the appropriate review body finds that the structure is no higher than twenty-four feet (24′) above the corridor route grade directly across from the building site, will not block coast views from the corridor route or neighboring properties and is compatible with community character.

Where these requirements conflict with the height, site, and bulk criteria in Appendix B (Bane Bill) of the coastal plan, for those properties listed, the requirements of Appendix B shall be followed.

Expansions of such structures which do not comply with the revised height restrictions shall comply with the new definition of height measurement as stated above, except that the expansion, up to ten percent (10%) of floor area and not to exceed four hundred (400) square feet, shall be allowed, provided that the height does not exceed the height of the structure prior to the expansion, or the building height allowed by this chapter, whichever is greater.

(1)
West of Highway 1: Residential height limits are sixteen feet (16′). Commercial height limits are twenty-four feet (24′).
(2)
Bodega Bay Core Area residential: Sixteen foot (16′) height limit except that in major developments up to fifteen percent (15%) of the units may exceed the height limit.
(3)
East of Highway 1 in the Sereno Del Mar Subdivision: Residential height limits are sixteen feet (16′). The Sereno Del Mar Architectural Review Committee may grant a higher structure to a maximum of twenty-four feet (24′) in accordance with subsection (7) below.
(4)
East of Highway 1 and visible from designated scenic roads: Residential and commercial height limits are twenty-four feet (24′) and fifteen feet (15′) for accessory buildings.
(5)
East of Highway 1 and are not visible from designated scenic roads: Thirty-five feet (35′) for the main building and fifteen feet (15′) for accessory buildings.
(6)
Agricultural structures: Thirty-five feet (35′); however, structures shall not obstruct views of the shoreline from coastal roads, vista points, recreation areas, and beaches; and structures shall be sited to minimize visual impacts.
(7)
Maximum height for telecommunication facilities is subject to the provisions of this article and Section 26C-325.7.
(8)
An increase in height for residential structures west of Highway 1, up to a maximum of twenty-four feet (24′) , may be approved if the appropriate review body finds that the structure is no higher than sixteen feet (16′) above the corridor route grade directly across from the building site, will not block coast views from the corridor route or neighboring properties and is compatible with community character.
(9)
A legal single family dwelling or appurtenant structures for which a building permit was issued after December 1, 1980, shall be considered to be conforming with regard to the height measurement. Repair and remodeling of such structures shall be allowed provided that the height does not exceed the height of the structure prior to the remodel or repair, or the building height allowed by this chapter, whichever is greater.
(c)
Minimum lot size: Six thousand (6,000) square feet.
(d)
Minimum lot width: The minimum average lot width required within each lot is sixty feet (60′).
(e)
Maximum lot coverage: Forty percent (40%). Lot coverage may be waived by the director of the permit and resource management department for swimming pools.
(f)
Yard requirements: The following shall apply except that if the subject property adjoins land which is zoned AR or designated as agricultural land, the use is subject to the requirements of Section 26C-323(f).
(1)
Front yard: Not less than twenty feet (20′) provided, however, that no structure shall be located closer than forty-five feet (45′) to the centerline of any public road, street or highway.
(2)
Side yard: Not less than five feet (5′) except where the side yard abuts a street in which case such yard shall be the same as the front yard. On lots where access is gained to an interior court by way of a side yard or where an entrance to a building faces the side line, said side yard shall be not less than ten feet (10′).
(3)
Rear yard: Not less than twenty feet (20′).
(4)
No garage or carport opening facing the street shall be located less than twenty feet (20′) from any exterior property line, except that where twenty-five percent (25%) or more of the lots on any block or portion thereof in the same zoning district have been improved with garages or carports, the required front yard may be reduced to a depth equal to the average of the front yards of garages or carports. However, in no case shall the front yards be reduced to less than ten feet (10′). Further, the Permit and resource management department director may require a use permit if the reduction might result in a traffic hazard.
(5)
Notwithstanding the above, if a residence is elevated to meet flood requirements, the space underneath the structure may be utilized for a garage or carport if it will meet building codes, even if the ten foot (10′) to twenty foot (20′) setback cannot be met, subject to approval of administrative design review.
(6)
Cornices, eaves, canopies, bay windows, fireplaces, other cantilevered portions of structures, and similar architectural features may extend two feet (2′) into any required yard. The maximum length of the projections shall not occupy more than ;yrrule; of the total length of the wall on which it is located. Uncovered porches, fire escapes, or landing places may extend six feet (6′) into any required front or rear yard and three feet (3′) into any required side yard.
(7)
Where twenty-five percent (25%) or more of the lots on any one (1) block or portion thereof in the same zoning district have been improved with buildings, the required front yard may be reduced to a depth equal to the average of the front yards of the improved lots, subject to the restrictions of Section 26C-102(f)(4).
(8)
Accessory buildings may be constructed within the required yards on the rear half of the lot, provided that such building(s) shall not occupy more than thirty percent (30%) of the width of any rear yard. Such accessory buildings shall not be located closer than ten feet (10′) to the main buildings on adjacent lots. Notwithstanding the foregoing, swimming pools may occupy more than thirty percent (30%) of the width of any rear yard. A minimum of three feet (3′) shall be maintained between the wall of a pool and the rear and side property lines, and from the main building on the same lot. Conventional pool accessory equipment (pump, filters, etc.) shall be exempt from setback restrictions. Additional setbacks may be required under the uniform building code.
(9)
Additional setbacks may be required within a sensitive area, riparian corridor, scenic corridor, critical habitat area, or unique feature, designated in the general plan or coastal plan.
(g)
Parking requirements:
(1)
Residential uses: Require one (1) covered off-street parking space and one (1) screened parking space per dwelling unit. The requirements for covered parking may be waived by the director of the permit and resource management department where topographic conditions and/or small lot size make the provision of covered parking difficult. Factors to be considered shall be compatibility with the neighborhood and safety of access onto public streets. Landscaping and/or fencing may be required where appropriate.
(2)
Other uses shall conform to parking regulations.
(h)
Small lot subdivision standards for single-family detached dwelling unit subdivisions. The following standards may be utilized in place of those in Sections 26C-102(c) through (f), provided that additional usable common open area is provided based upon the following:
Average Lot Area Open Area Per Lot
5500-6000 square feet 110 square feet
5000-5500 square feet 200 square feet

An additional one and one-half feet (1-½′) on street parking spaces per lot to be provided in driveway and/or on street (one (1) space on or adjacent to lot; one-half space within project boundary but not on school/park frontage).

(1)
Minimum lot width: Fifty feet (50′) to be measured at front building set back line twenty feet (20′) behind front property line).
(2)
Average lot width: N/A.
(3)
Minimum lot area: four thousand five hundred (4500) square feet.
(4)
Average lot area: five thousand (5000) square feet.
(5)
Minimum side yard setback: five feet (5′).
(6)
Minimum front yard setback: twenty feet (20′) to garage, fifteen feet (15′) to house.
(7)
Average front yard setback: twenty-two feet (22′) to garage, seventeen feet (17′) to house.
(8)
Minimum rear yard setback: twenty feet (20′).
(9)
Minimum corner lot side setback: fifteen feet (15′).
(10)
Minimum front elevation surface area: five hundred (500) square feet.
(11)
Average front elevation surface area: six hundred fifty (650) square feet.
(12)
Maximum amount of two-story homes: two-thirds of project.
(13)
Minimum parking requirements: space length equals eighteen feet (18′).
(14)
Corner lots: Only one (1) or one and one-half (1-½) story houses.
(15)
Sidewalk/curb configuration:
a.
Sidewalks contiguous to curb allowed along internal residential streets;
b.
Landscaped parkway strip ("street trees") between curb and sidewalk required for project "collector" or "arterial" streets.
(i)
Where planned developments and condominiums are proposed, dwelling units may be attached; common walls will be permitted. The lot size, coverage and setback requirements of Sections 26C-102(c) through (g) shall not apply to these planned developments and condominiums.
(j)
Environmental and Hazards Requirements.
(1)
Environmental Protection and Hazards recommendations contained in the coastal plan, Chapter 3, and land use recommendations 20 and 21, Chapter 7, shall be applied to development projects within or affecting identified "potentially sensitive," "conservation," "sanctuary preservation," and "geologically unstable" areas on open space and hazards maps.
(2)
All development shall be subject to site development and erosion control standards. These standards are to be used as the minimum standards for development in the coastal zone. Where both these standards and the policies of the coastal plan apply to a development, the policies of the coastal plan shall take precedence over these standards. Where the policies and standards of the general plan are more restrictive than those of the coastal plan or any of the standards below, the general plan standards and policies shall apply. Development shall comply with coastal plan policies.
(3)
No development or grading shall occur on slopes greater than thirty percent (30%), unless no feasible alternate site is available.
(k)
Access Dedication.
(1)
Each permit must conform to Chapter V access provisions of the coastal plan. An offer of dedication is required if an access way is shown on the property in the access plan. Consult Chapter V in the coastal plan for a description of each access way and procedural requirements for dedication. In addition, existing prescriptive rights must be protected even if no access way is shown in the access plan.
(2)
Two types of access may be required: Lateral and/or vertical.
a.
Lateral access refers to access paralleling the water's edge, either on the beach or the bluff. For all new development between the first public road and the ocean, granting of lateral easements to allow for public access along the shoreline shall be mandatory, unless the project has no direct or cumulative impact on the availability of public access to the coast. When there is a bluff, beach access to the toe of the bluff should be dedicated. If not, a twenty-five feet (25′) wide access way should be dedicated. If a bluff top trail is shown in the access plan, a bluff top easement dedication shall be required to be described as an area beginning at the bluff edge extending approximately twenty-five feet (25′) inland. In no case shall the dedicated easement be required to be closer than ten feet (10′) to a residential structure.
b.
Vertical access dedications are necessary to provide access from the public roadway to the shoreline. A corridor easement should be a minimum of fifteen feet (15′) in width with slope easements plus the additional area necessary for the placements of improvements.
(l)
Design Requirements.
(1)
All new development shall conform with coastal plan visual resource recommendations, applicable scenic view protection policies and policies related to landform and vegetation categories included in the coastal administrative manual, or subsequently approved area design guidelines.
(2)
Design review to be required in accordance with the procedures described on the review process final view rating maps on file in the permit and resource management department and incorporated by reference.
(3)
New extensions of utility distribution lines shall be undergrounded, except when such undergrounding would have a more significant environmental effect than an overhead line.
(m)
Inclusionary Housing Requirements.
(1)
In housing projects of eleven (11) or more units, a minimum of fifteen percent (15%) of these units shall be affordable to very low, low or moderate income households, unless the conditions delineated in the coastal land use plan apply.
(2)
In housing projects of five (5) to ten (10) units, either fifteen percent (15%) of the units shall be affordable to very low, low or moderate income households, or a six percent (6%) in lieu fee shall be paid to a coastal zone site acquisition and development fund to be administered by the county housing authority.

(Ord. No. 5318 § 1, 2001.)