Chapter 18.75
R-3 MULTIFAMILY RESIDENCE DISTRICT

Sections:

18.75.010    Purpose.

18.75.020    Permitted uses.

18.75.030    Accessory uses.

18.75.040    Conditional uses – Planning commission as reviewing agency.

18.75.050    Zoning administrator uses.

18.75.060    Density standards.

18.75.070    Height regulations.

18.75.080    Lot and siting requirements.

18.75.090    Affordable housing incentives.

18.75.100    Architecture and site design standards and guidelines.

18.75.110    Other required conditions.

18.75.010 Purpose.

To promote and encourage well planned, suitable and appropriate multifamily developments within low-medium, medium and urban residential land use designations as shown on the general plan land use map by allowing a broad range of housing types that promote the efficient use of land, provide options to increase housing variety and housing opportunities, and promote affordable and energy-efficient housing. To conditionally allow, insofar as compatible with the intensity of future land use, live/work units, ground floor commercial uses, and other nonresidential uses to support a suitable environment for multifamily living and to provide for the diverse needs of the residents of the city. Finally, the district is intended to allow developers the flexibility necessary to accomplish such goals. (Ord. 2506, Exh. A § 4, 7-22-03; Ord. 12-2013 § 1, 11-5-13; Ord. 9-2014 § 15, 3-4-14. 1990 Code § 8-2750.)

18.75.020 Permitted uses.

The following permitted, accessory, zoning administrator, and conditional use regulations are intended to create and maintain higher density residential neighborhoods. At the same time, they conditionally allow for live/work units, ground floor commercial uses, and other nonresidential uses but not to such an extent as to sacrifice the overall residential neighborhood image and character. A broad range of housing types are allowed in the multidwelling zones. This range allows for efficient use of land, provides options to increase housing variety and housing opportunities, and promotes affordable and energy-efficient housing. The following are the principal permitted uses in an R-3 district:

(a)    Single-family and two-family dwellings on existing lots of less than 6,000 square feet when found consistent with the provisions of the R-1-6 district;

(b)    Multiple dwellings, including attached or detached townhome style units, efficiency apartments and single room occupancy units,1 consisting of 10 dwelling units or less, subject to design review permit by the zoning administrator;

(c)    Multiple dwellings, including attached or detached townhome style units, efficiency apartments and single room occupancy units,1 consisting of 11 dwelling units or greater, subject to design review permit by the planning commission;

(d)    Special residential care facilities;1

(e)    Supportive housing;1

(f)    Transitional housing;1 and

(g)    Any other use that the zoning administrator finds, in accordance with Chapter 18.240, is similar in nature, function or operation to permitted uses allowed within this district. (Ord. 2506, Exh. A § 4, 7-22-03; Ord. 1-2009 § 15, 1-6-09; Ord. 12-2013 § 1, 11-5-13; Ord. 9-2014 § 15, 3-4-14. 1990 Code § 8-2751.1.)

18.75.030 Accessory uses.

The following are the accessory uses permitted in an R-3 district:

(a)    Rooming and boarding of not more than two persons;

(b)    Signs that comply with Chapter 18.193;

(c)    Private garages and parking areas;

(d)    Secondary dwelling units3 on single-family and two-family lots of less than 6,000 square feet;

(e)    Small family day care homes;

(f)    Large family day care homes;

(g)    Supportive services for on-site supportive housing;1 and

(h)    Other accessory uses and buildings customarily appurtenant to a permitted use. (Ord. 2506, Exh. A § 4, 7-22-03; Ord. 1-2009 § 16, 1-6-09; Ord. 5-2012 § 5, 4-17-12. 1990 Code § 8-2751.2.)

18.75.040 Conditional uses – Planning commission as reviewing agency.

The following uses may be permitted with a conditional use permit, provided all other requirements of this title are met. The procedure for a conditional use permit shall be as set forth in Chapter 18.230:

(a)    Children’s nursery schools;

(b)    Elementary and secondary schools;

(c)    Emergency shelters;1,3

(d)    Licensed nursing homes and convalescent hospitals;

(e)    Live/work units;1,3

(f)    Meal service facility,1 accessory to a public or quasi-public use, subject to the regulations set forth in Chapter 18.190;

(g)    Public and quasi-public buildings and uses of recreational, educational, religious, cultural or public service type; but not including corporation yards, storage or repair yards, and warehouses, except for city-owned and -operated facilities;

(h)    Rooming houses and boardinghouses1 for any number of guests;

(i)    Social halls, lodges, fraternal organizations and clubs, and community clubs, except those operated for a profit;

(j)    Uses permitted or conditionally permitted in neighborhood commercial and office commercial zoning districts as long as the use is located at the first story of a multifamily residential or live/work building three stories tall or greater and located on an arterial or collector street;

(k)    Any other use which the planning commission finds in accordance with Chapter 18.240 is similar in nature, function or operation to conditional uses permitted within the district. (Ord. 2506, Exh. A § 4, 7-22-03; Ord. 1-2009 § 17, 1-6-09; Ord. 12-2013 § 1, 11-5-13. 1990 Code § 8-2751.3.)

18.75.050 Zoning administrator uses.

The following uses may be permitted with a zoning administrator permit, provided all other requirements of this title are met. The procedure for a zoning administrator permit shall be as set forth in Chapter 18.275:

(a)    Home occupations;1,3

(b)    Any other use which the zoning administrator finds is similar in nature, function and operation to zoning administrator uses permitted within the district. The request for such a determination shall be submitted as a “finding application” to the zoning administrator pursuant to the requirements set forth in Chapter 18.240.

(c)    Additions to existing single-family and two-family dwellings on lots 6,000 square feet or greater may be allowed, subject to a zoning administrator permit, when the zoning administrator makes both of the following findings:

(1)    Expansion of a single-family or two-family dwelling on the site will not be detrimental to the property adjacent to the proposed addition; and

(2)    The city’s interest in promoting an increase in the number of dwelling units in the district is outweighed in this case by the city’s interest in promoting the improvement or preservation of the existing dwelling(s). (Ord. 2506, Exh. A § 4, 7-22-03; Ord. 5-2012 § 6, 4-17-12. 1990 Code § 8-2751.4.)

18.75.060 Density standards.

The number of dwellings per unit of land, the density, is controlled so that housing can match the availability of public services and the support of commercial areas. The standards also allow the housing density to be matched with the carrying capacity of the land. In addition, the density standards are used as one type of control of overall building bulk. Minimum density standards ensure that the service capacity is not wasted and that the city’s housing goals are met.

Residential density requirements for exclusively multifamily developments in the R-3 zone shall be within the density ranges listed in the following table:

Density requirements for mixed use multifamily developments including conditional uses allowed in this district shall be evaluated on a case-by-case basis to determine if the proposed mixed use development is consistent with the carrying capacity of the land and the service capacity of the area.

Zone	Permitted Density Range (units/net acre)
R-3-10*	8.3 to 10
R-3-11	8.8 to 11
R-3-14	11.1 to 14.5
R-3-15*	13 to 15
R-3-18	14.6 to 18
R-3-23	18.1 to 23
R-3-27*	25 to 27
R-3-30	23.1 to 29.9
R-3-35	30 to 35
R-3-50	35.1 to 50
R-3-70	50.1 to 70

*    Properties with these zoning designations, or properties within a P district referencing these zoning designations, may continue to use the applicable density range until such time as the property is rezoned. These zoning designations may not be applied to new properties as of January 1, 2014.

When the density calculation for a parcel results in a fraction of one-half or greater, the density shall be rounded up to the next whole unit; when the density calculation results in a fraction less than one-half, the density shall be rounded down to the next whole unit. Minor deviations of no more than one dwelling above or below the permitted range may be allowed when rounding the density calculation.

Notwithstanding the minor deviations in density calculations allowed above, up to three dwelling units below or above the density ranges may be allowed for projects in the R-3-35, four dwelling units in R-3-50 and five dwelling units in R-3-70 zones by the approving body to achieve a superior design.

For purposes of general plan density calculations and density bonus allowances, efficiency apartments or single room occupancy units1 shall count as one-half a dwelling unit.

Densities below the permitted density (except the minor deviations allowed by this section) shall only be allowed under special circumstances, detailed in the general plan land use and housing chapters.

Density bonuses above the permitted density range of a district shall be allowed subject to the provisions of this code, the general plan, and state law.

Except for projects proposing a density bonus, the planning commission shall review and make a recommendation and the city council shall be the final approval authority for any project that involves density distribution wherein the respective density of one or more of the housing product types is either above or below the permitted density range established by the general plan land use and zoning designations. (Ord. 2506, Exh. A § 4, 7-22-03; Ord. 29-2005 § 1, 7-26-05; Ord. 12-2013 § 1, 11-5-13. 1990 Code § 8-2752.)

18.75.070 Height regulations.

The height standards serve several purposes including promoting a reasonable building scale and relationship of one residence to another, promoting options for privacy for neighboring buildings and properties, and reflecting the general building scale of multifamily development in the city’s neighborhoods. In order to allow flexibility and to respond to specific site circumstances, the maximum height limit may be modified through design review permit approval if the above intent is met.

Maximum height: 52 feet. For those areas of parcels within 50 feet of any property with a general plan density designation of 8.7 units per acre or less: 30 feet. (Ord. 2506, Exh. A § 4, 7-22-03; Ord. 12-2013 § 1, 11-5-13; Ord. 9-2014 § 15, 3-4-14. 1990 Code § 8-2753.)

18.75.080 Lot and siting requirements.

The following standards work together to create desirable residential areas by promoting aesthetically pleasing environments, safety, privacy, energy conservation, and recreational opportunities. The development standards generally assure that new development will be compatible with the city’s character. At the same time, the standards allow for flexibility for new development through design review permit approval when the intent of the standard is met through alternate means. In addition, the regulations provide certainty to property owners, developers, and neighbors about the limits of what is generally allowed. While the development standards are generally written for development on flat, regularly shaped lots, other lots could use the flexibility provided to propose alternate, appropriate developments. Flexibility allowed shall not be construed as applying the lowest common denominator that dilutes quality and character. The minimum lot size, width, and frontage requirements for new lots ensure that development on a lot will in most cases be able to comply with all site development standards. Combining small parcels may be necessary to fulfill the requirements of this chapter and other city standards and regulations. The standards also prevent the creation of very small lots that are difficult to develop at their full density potential. Minimum lot size, width, and frontage requirements are not applicable to townhouse style developments, which have special lot and subdivision needs that will be reviewed on a case-by-case basis through design review permit approval and the tentative map process.

(a)    Minimum lot size: 6,000 square feet, except for townhouse styles.

(b)    Minimum lot width: 60 feet, except for townhouse styles.

(c)    Minimum street frontage: 35 feet, except for townhouse styles.

(d)    Separation, Setback, and Yard Requirements. The building separation, setback, and yard standards serve several purposes including maintaining light, air, and separation for fire protection and access for firefighting; ensuring that buildings do not overwhelm adjacent development; encouraging that new development reflect the general building scale and placement of multifamily development in the city’s neighborhoods; fostering a desirable pedestrian-oriented environment and neighborhood setting for the area; promoting a reasonable physical relationship between residences; promoting options for privacy for neighboring properties; and providing adequate flexibility through design review permit approval to site a building so that it may be compatible with the neighborhood, fit the topography of the site, allow for required outdoor areas, and allow for architectural diversity. Through design review permit approval, the following standards shall apply and may be modified by the approving body to ensure that the above intent is met:

(1)    Front and street side setbacks, site perimeter: 15 feet, except that when a development fronts upon a Main Street Corridor or Urban Corridor street as identified in the general plan, there is no minimum setback distance to a building when the design fosters a desirable pedestrian-oriented environment or neighborhood setting for the area.

(2)    Interior side and rear setbacks, site perimeter: 10 feet. Where adjacent to property with a general plan density designation of 8.7 units per acre or less: 20 feet (garages, carports, sheds, and similar accessory structures are subject to the 10-foot setback).

(3)    Between windows of separate units located on walls angled 90 degrees or less from each other: 15 feet. Buildings organized around private open space yards that consider privacy and views are exempt from this standard.

(4)    Between parking or circulation areas and a public street right-of-way or private street easement: 15 feet.

(5)    Paseo and pedestrian path circulation areas: One and two-story buildings shall be 15 feet apart and three-story buildings shall be 20 feet apart at double-loaded paseo and pedestrian path circulation areas, except that building articulation and covered porch encroachments are allowable within the minimum separation distance when privacy and landscape planting impacts are minimized and superior design is achieved to create interest and character through interruption or changes in patterns that enhance pedestrian amenities.

(e)    Lot Coverages. The lot coverage standards, along with height, setback, and other development standards, limit the overall bulk of structures. They assure that larger buildings will not have a footprint that overwhelms adjacent development. The standards may be varied through design review permit approval where this intent is met through other means, where surrounding or planned development at higher intensities justifies an increase, as would be the case for urban density development, or where the increase fosters a desirable pedestrian-oriented environment and neighborhood setting for the area. Unless otherwise specified through design review permit approval:

Maximum lot coverage: 50 percent, except for townhouse style lots.

(f)    Open Space Areas. Open space areas shall be provided for the use of all residents within the development. Open space is important to provide areas for use by residents outside of the private units, either outdoor or indoor, to provide a semi-private transition area between private residences and the public domain, and to ensure that adequate facilities exist for the use of residents outside of the private units. Open space areas are comprised of common and private open space.

(1)    Common Open Space. Common open space may include, but is not limited to, rooftop gardens, indoor recreation facilities, landscaped spaces designed for active use, and other creative spaces. Common open space shall be accessible to all residents within the development and provided with amenities or facilities likely to be utilized by anticipated residents, such as swings, pools, barbecues, tables and benches. Common open space may be outdoors or indoors. Unless otherwise specified through design review permit approval, common open space shall be provided as follows:

(A)    Common open space shall be provided at the rate of 500 square feet for multifamily developments up to five units, plus 50 square feet for each additional unit. Common open space area shall have a minimum dimension of 15 feet; and

(B)    Common open space areas used to satisfy the above area requirement shall not be located within any required setback.

(C)    Small development sites of 12 units or less may be exempted from providing common open space when exceeding private open space area design requirements and when approved by a design review permit.

(2)    Private Open Space Areas. Each dwelling unit should have at least one private open space area contiguous to the individual dwelling unit that allows the occupants of the unit the private use of an outdoor space. Unless otherwise specified through design review permit review and approval, private open space shall be provided as follows:

(A)    Balconies (above ground level): Minimum 60 square feet, the least interior dimension of which is six feet;

(B)    Patios (at ground level): Minimum 100 square feet, the least interior dimension of which is 10 feet; or

(C)    Private yards (at ground level): Minimum of 200 square feet, with an interior dimension between six to 10 feet. (Ord. 2506, Exh. A § 4, 7-22-03; Ord. 29-2005 § 2, 7-26-05; Ord. 5-2008 § 7, 4-1-08; Ord. 12-2013 § 1, 11-5-13; Ord. 9-2014 § 15, 3-4-14. 1990 Code § 8-2754.)

18.75.090 Affordable housing incentives.

For any project which requests and qualifies for a density bonus pursuant to Chapter 18.165, incentives shall be granted as described in Chapter 18.165. (Ord. 2506, Exh. A § 4, 7-22-03; Ord. 8-2005 § 1, 4-26-05. 1990 Code § 8-2755.)

18.75.100 Architecture and site design standards and guidelines.

(a)    Purpose and Application. In order to achieve the purposes of this district, a combination of multifamily design guidelines (MFDG), adopted by city council resolution, and development standards are applied to individual development projects. Application of the standards and guidelines creates desirable residential areas by promoting aesthetically pleasing environments, safety, privacy, energy conservation, and recreational opportunities. The development standards generally assure that new development will be compatible with the city’s character and its planned character as described in the general plan. At the same time, the guidelines allow for flexibility to encourage high-quality new development and enhancement of the surrounding area. The city applies the MFDG as part of each development’s design review permit review. The MFDG are intended to guide the fine level of detail applied at the design review stage to ensure the integration of site planning and architectural details that result in high quality and compatible development. The MFDG complement the R-3 standards by articulating the design principles required to evaluate a project and by guiding the flexible design approaches and techniques used to meet the community’s interests. All development projects must comply with the development standards. All standards of this code shall apply unless otherwise modified herein and as permitted through design review permit modifications. Multifamily development projects shall comply with the MFDG. The MFDG allow for project flexibility in meeting the design intent for each topic and for the design standards of this section.

(b)    Development Standards. All new development projects in R-3 zone must comply with the following standards:

(1)    Systems and facilities for bicycles and other alternate forms of transportation shall be provided, including but not limited to parking areas, pathways and storage. The circulation systems must connect all adjacent streets to the main entrance of a building or to the pedestrian circulation system within a development site.

(2)    The pedestrian circulation system shall be a stabilized surface and should be at least four feet wide. Where the system crosses driveways, parking areas, and loading areas, the system shall be clearly identifiable, through the use of elevation changes, speed lumps, a different paving material, or other similar method. Striping does not meet this requirement. The on-site pedestrian circulation system must be lighted to a level where the system can be used at night.

(3)    Developments shall be designed so as to minimize the number of driveways from public and private streets wherever possible. Shared driveways shall be utilized wherever possible.

(4)    All fencing shall be decorative in nature. Chain link fencing is not permitted.

(5)    All yard areas shall be landscaped according to their purpose, such as ornamental landscaping, recreational space, private yard area, or stormwater treatment. Landscape improvements may include trees, shrubs, flowers, groundcover, and hardscape as approved during the design review permit process.

(6)    Side yard buffers for driveways and streets shall be generally a minimum of six feet in width adjacent to perimeter property lines to allow for landscape screening and large tree growth, except that when a development site abuts an adjacent site developed with parking or street facilities, no side yard buffer will be required.

(7)    Landscape design shall include space for large canopy tree species of a minimum dimension of 10 feet at the ground level with additional space for canopy maturity at upper building levels. Tree planting shall be provided at a rate of one large tree for every five units, in addition to other landscape requirements for parking areas contained in Chapter 18.183. Additional accent trees and landscape elements shall be provided for every unit and should be integrated into each individual unit design and sized appropriately to the intended space. Landscape planting requirements may vary through design review permit approval in recognition of tree preservation efforts and the overall landscape plan aesthetic.

(8)    Each dwelling unit shall have an enclosed storage closet located within the garage, patio, or deck area, unless an alternative space is approved through design review permit approval. The storage closet shall have a minimum of 100 cubic feet of storage space that does not encroach into other required areas.

(9)    Other than public or private street lights, exterior lighting shall be diffused or concealed in order to prevent illumination of adjoining properties or the creation of objectionable visual impacts on other properties or streets.

(10)    Electrical, telephone, transformer, and other utilities should be placed underground. Any aboveground utilities, including backflow preventers, may only be so located if they are adequately screened by landscaping and/or architectural elements. (Ord. 2506, Exh. A § 4, 7-22-03; Ord. 5-2008 § 7, 4-1-08; Ord. 12-2013 § 1, 11-5-13; Ord. 9-2014 § 15, 3-4-14. 1990 Code § 8-2756.)

18.75.110 Other required conditions.

(a)    Design review permit approval is required for all projects requiring conditional use permits and zoning administrator permits, and single-family, two-family, and multifamily residential dwellings, except home occupations and large family day care in existing structures.

(b)    Rooming houses and boardinghouses1 for any number of guests shall not be limited to maximum density standards, but rather the individual project shall be reviewed for compatibility with any existing or future adjacent development in terms of building height and mass as part of the conditional use permit process.

(c)    Internal and external storage of municipal solid waste, recyclables, and yard waste shall conform to the standards set forth in Section 18.190.440. (Ord. 4-2007 § 10, 2-13-07; Ord. 12-2013 § 1, 11-5-13; Ord. 9-2014 § 15, 3-4-14. 1990 Code § 8-2757.)

[Notes Applicable to Chapter 18.75]

1    Term is defined in Chapter 18.25.

2    Term is elaborated on in Standard Industrial Classification Manual.1

3    The special regulations of Chapter 18.190 apply to this use.