Chapter 18.65
R-1 SINGLE-FAMILY RESIDENCE DISTRICT

Sections:

18.65.010    Purpose.

18.65.020    Permitted uses.

18.65.030    Accessory uses.

18.65.040    Conditional uses – Planning commission as the reviewing agency.

18.65.050    Zoning administrator uses.

18.65.060    Designated neighborhood – Process.

18.65.065    Established designated neighborhoods.

18.65.070    Area, lot width and yard requirements – Table of standards.

18.65.080    Land use range enabler – Purpose.

18.65.090    Land use range enabler – Eligibility.

18.65.100    Land use range enabler – Processing.

18.65.110    Land use range enabler – Provisions.

18.65.120    Other required conditions.

18.65.010 Purpose.

To stabilize and protect the residential characteristics of the district and to promote and encourage a suitable environment for family life. The R-1 district is intended for the single-family home and the services appurtenant thereto. (Ord. 87 § 8-2600; Ord. 1294 § 1, 11-28-78; Ord. 1335 § 1, 6-26-79; Ord. 2045 § 70, 9-21-93; Ord. 16-2005 § 1, 7-26-05. 1990 Code § 8-2600.)

18.65.020 Permitted uses.

The following are the principal permitted uses in an R-1 district:

(a)    Single-family detached dwellings;

(b)    Special residential care facilities;1

(c)    Supportive housing1 for up to six persons;

(d)    Transitional housing1 for up to six persons;

(e)    Duplex dwellings on corner lots; and

(f)    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. 87 § 8-2601; Ord. 296 § 2; Ord. 482 § 1; Ord. 765 § 1, 2-24-70; Ord. 927 § 4, 11-7-72; Ord. 1279 § 1, 10-3-78; Ord. 1294 § 1, 11-28-78; Ord. 1335 § 1, 6-26-79; Ord. 1458 § 4, 8-11-81; Ord. 2045 § 70, 9-21-93; Ord. 2423 § 5, 4-10-01; Ord. 12-2004 § 9, 6-1-04; Ord. 1-2009 § 9, 1-6-09. 1990 Code § 8-2601.)

18.65.030 Accessory uses.

The following are accessory uses permitted in an R-1 district:

(a)    Guesthouses, not rented or otherwise conducted as a business;

(b)    Private garages and parking areas;

(c)    Private swimming pools, exclusively for the use of the residents and guests;

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

(e)    Satellite dish antennas;

(f)    Secondary dwelling units;3

(g)    Signs that comply with Chapter 18.193;

(h)    Small family day care homes;

(i)    Large family day care homes;

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

(k)    Other accessory uses and buildings customarily appurtenant to a permitted use. (Ord. 87 § 8-2602; Ord. 627 § 3; Ord. 758 § 6, 12-16-69; Ord. 862 § 5, 9-21-71; Ord. 1076 § 1, 12-2-75; Ord. 1086 § 8, 1-20-76; Ord. 1098 § 1, 5-4-76; Ord. 1294 § 1, 11-28-78; Ord. 1335 § 1, 6-26-79; Ord. 1381 § 2, 5-20-80; Ord. 1624 § 4, 8-28-84; Ord. 1759 §§ 9, 10, 1-6-87; Ord. 2045 § 70, 9-21-93; Ord. 2502 § 3, 7-1-03; Ord. 1-2009 § 10, 1-6-09; Ord. 5-2012 § 1, 4-17-12. 1990 Code § 8-2602.)

18.65.040 Conditional uses – Planning commission as the 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)    Ambulance service;2

(b)    Children’s nursery school;

(c)    Community clubs, and other public and private noncommercial recreation areas and facilities, such as country clubs, golf courses and swimming pools;1,3

(d)    Elementary and secondary schools;1,3

(e)    Emergency shelters;1,3

(f)    Meal service facility1 accessory to a public or quasi-public use, in accordance with Chapter 18.190, except in an (F-W) or (F) overlay district; and

(g)    Public and quasi-public buildings and uses of a recreational, educational, religious, cultural or public service type; not including corporation yards, storage or repair yards, and warehouses.1,3 (Ord. 87 § 8-2603; Ord. 259 § 1; Ord. 296 § 3; Ord. 319 § 1; Ord. 350 § 2; Ord. 371 § 3; Ord. 382 § 4; Ord. 395 § 3; Ord. 482 § 2; Ord. 765 § 2, 2-24-70; Ord. 1086 § 8, 1-20-76; Ord. 1099 § 1, 5-25-76; Ord. 1294 § 1, 11-28-78; Ord. 1335 § 1, 6-26-79; Ord. 1564 § 2, 6-28-83; Ord. 1624 § 5, 8-28-84; Ord. 1683 § 5, 8-27-85; Ord. 1759 § 11, 1-6-87; Ord. 1885 § 8, 8-22-89; Ord. 2045 § 70, 9-21-93; Ord. 2506, Exh. A § 2, 7-22-03; Ord. 1-2009 § 11, 1-6-09. 1990 Code § 8-2603.)

18.65.050 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 outlined in Chapter 18.275:

(a)    Agriculture,1 except for the raising of animals or fowl for commercial purposes, or sale of any products at retail on the premises;

(b)    Dwelling groups;3

(c)    Home occupations;3

(d)    Secondary dwelling units;3 and

(e)    Any other use which the zoning administrator finds is similar in nature, function and operation to zoning administrator uses 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. (Ord. 1683 § 6, 8-27-85; Ord. 2045 § 70, 9-21-93; Ord. 2502 § 4, 7-1-03; Ord. 5-2012 § 2, 4-17-12. 1990 Code § 8-2603.1.)

18.65.060 Designated neighborhood – Process.

(a)    Within the R-1 district, the city council may designate certain neighborhoods as having unique characteristics and design attributes which warrant preservation through particularized regulations and enhanced design review. Designated neighborhoods shall be created by ordinance as subareas within the R-1 district in accordance with the procedures set forth in Chapter 18.225. The ordinance creating the designated neighborhood shall describe the boundaries of the neighborhood and assign it a unique name, which shall be reflected on the city’s zoning maps, and shall describe additional regulations particular to the neighborhood, which shall be included in the table of regulations for the R-1 district, set forth in Section 18.65.070. The city council may, by resolution, adopt design guidelines for any designated neighborhood.

(b)    Commencing from the date of its establishment, all new construction and alteration and remodeling of existing homes or structures within a designated neighborhood shall be subject to its standards and guidelines, and shall require design review permit approval pursuant to Chapter 18.235. (Ord. 15-2010 § 1, 9-7-10; Ord. 9-2014 § 13, 3-4-14. 1990 Code § 8-2604.)

18.65.065 Established designated neighborhoods.

The following subareas in the R-1 district have been established as designated neighborhoods:

(a)    Glenmoor Gardens (R-1-6-GG); established October 7, 2010.

(b)    Mission Ranch (R-1-8-MR); established October 7, 2010. (Ord. 15-2010 § 2, 9-7-10. 1990 Code § 8-2604.5.)

18.65.070 Area, lot width and yard requirements – Table of standards.

The following minimum requirements, set forth in Table 18.65.070, shall be observed, except where increased for conditional uses. The minimum requirements shall be one of the following for the district classifications as designated on the zoning map. Combining small parcels may be necessary to fulfill the requirements of this chapter and other city standards and regulations.

Table 18.65.070

Residential District Development Standards 

Zoning District1 >>> v Development Standard (measurement) v			R-1-6	R-1-6 Glenmoor Gardens2	R-1-8	R-1-8 Mission Ranch3	R-1-10	R-1-20	R-1-40
Minimum Lot Area (square feet)		Single Family	6,000	6,000	8,000	8,000	10,000	20,000	40,000
		Duplex on Corner Lot	8,000	8,000	10,000	10,000	12,000	20,000	40,000
Minimum Street Frontage (feet)		Regular Lot	35	35	35	35	35	35	35
		Flag Lot	20	20	20	20	20	20	20
Minimum Lot Width		Interior (feet)	55	55	70	75	80	100	150
		Corner (feet)	65	65	80	80	90	110	160
Minimum Lot Depth (feet)			100	100	100	100	100	100	100
Minimum Front Yard Depth4 (feet)			20	20	25	25	25	35	40
Minimum Rear Yard Depth5, 6		One Story (feet)	25	25	25	25	30	40	50
		Two Story (feet)	25	-	30	30	35	40	50
Minimum Interior Side Yard Depth4, 5, 7, 8	1st story	Minimum (feet)	5	5	7	7	8	10	20
		Total (feet)	12	12	16	16	20	25	45
	2nd story9	Minimum (feet)	6	-	8	8	10	10	20
		Total (feet)	15	-	20	20	20	25	45
Minimum Street Side Yard Depth on Corner Lots (feet)			10	10	12.5	12.5	12.5	17.5	20
Maximum Building Height10	Principal Structure	One Story (feet)	30	179	30	179	30	30	30
		Two Story (feet)		-		279
	Accessory Structure (feet)		12	129	12	129	12	12	12
Maximum Height Above Grade for Finish Floor Level [1st story over basement] (inches)			-	22	-	22	-	-	-
Roof Pitch		Minimum	-	3:12	-	3:12	-	-	-
		Maximum	-	5:12	-	5:12	-	-	-
Maximum Lot Coverage Including Garage Area (% of lot area)		One Story (%)	-	40	-	40	-	-	-
		Two Story (%)		-		30
Minimum Required Lot Coverage for 1st Floor in Order to Allow 2nd Story (% of lot area)			-	-	-	22	-	-	-

1    Development standards for R-1-X districts shall be specified at the time of establishment.

2    See Glenmoor Gardens Design Guidelines.

3    See Mission Ranch Design Guidelines.

4    For front yard exceptions and modifications, see Section 18.170.030.

5    For side and rear yard exceptions and modifications, see Sections 18.170.050 and 18.170.070.

6    Rear and side yards may be substituted for one another, except that on a corner lot such substitution shall be made only between a rear yard and an interior side yard.

7    For combination one- and two-story structures, the one-story portion of the structure shall meet the one-story setback requirements and the two-story portion of the structure shall meet the two-story setback requirements. In no case shall the total side yard setback for combination one- and two-story structures be less than that required for a one-story structure only. The wider setback shall be on the two-story side.

8    For side yard exceptions, see Section 18.170.060(b), (c) and (d).

9    Requires design review permit. See policies for two-story homes and second story additions.

10    For Glenmoor Gardens and Mission Ranch, height is measured from grade to the top of the roof ridge.

(Ord. 15-2010 § 3, 9-7-10; Ord. 9-2014 § 13, 3-4-14. 1990 Code § 8-2605.)

18.65.080 Land use range enabler – Purpose.

The purpose of the land use range enabler is to provide an alternative, streamlined means to allow new development for certain property within general plan residential density ranges 5, 6, and 7 (corresponding to the R-1-6, R-1-8 and R-1-10 zoning designations) to be approved above the low end of the density range. Sections 18.65.090 through 18.65.110 specify the eligibility and the process for consideration. (Ord. 16-2005 § 2, 7-26-05. 1990 Code § 8-2605.2.)

18.65.090 Land use range enabler – Eligibility.

All projects proposing to use the land use range enabler shall meet the following requirements:

(a)    Only properties zoned R-1-10, R-1-8 and R-1-6 (excluding those zoned with an H-I overlay) on or before August 25, 2005, are eligible.

(b)    Only new subdivisions consisting of seven or more lots are eligible.

(c)    Property utilizing the land use enabler shall be subject to provisions of any overlay district applicable to that project. (Ord. 16-2005 § 2, 7-26-05. 1990 Code § 8-2605.3.)

18.65.100 Land use range enabler – Processing.

(a)    Land use range enabler requests shall be processed as a public hearing for a design review permit approval by the planning commission and shall only be processed concurrent with a request for subdivision map.

(b)    Applications requiring historical architectural review board approval shall be considered by that board prior to consideration by the planning commission. (Ord. 16-2005 § 2, 7-26-05; amended during 4/14 supplement. 1990 Code § 8-2605.4.)

18.65.110 Land use range enabler – Provisions.

(a)    Eligible projects using the land use range enabler may vary lot area, lot width and yard requirements outlined in Section 18.65.070. If the eligible project is within an R-1-10 or R-1-8 zoning district, the area, lot width and yard requirements of the next lower R-1 district shall be used in evaluating projects (e.g., for an R-1-10 project, the R-1-8 yard and area standards would be applied) together with Chapter 18.235, Design Review Permits, and any other applicable standards or guidelines (e.g., historical overlay district).

(b)    If the eligible project is located in an R-1-6 district, requirements may be reduced by no more than 20 percent. The design guidelines for small lot single-family residence developments and any other applicable standards or guidelines shall be used by the planning commission in evaluating proposals for smaller lots in the R-1-6 district.

(c)    Except for projects proposed under Chapter 18.165, Density Bonus and Affordable Housing Incentives, project density may not exceed the top of the density range established by the general plan land use designation for the property.

(d)    The approved variations in lot area, lot width, lot depth, and yard requirements shall be adopted as part of the approval and shall be kept on file in the planning division similar to a planned unit development so future homeowners can be aware of the varied provisions approved as part of the development project.

(e)    Subsequent additions or modifications to homes approved under these provisions may be considered on a case-by-case basis through a subsequent design review permit if the proposed addition is in keeping with the originally approved design intent. (Ord. 16-2005 § 2, 7-26-05; Ord. 9-2014 § 13, 3-4-14. 1990 Code § 8-2605.5.)

18.65.120 Other required conditions.

The following additional conditions shall apply in an R-1 district:

(a)    Subsequent to entitlement approval, final design review, pursuant to Chapter 18.235, shall be required of all conditional uses and zoning administrator uses, except home occupations.

(b)    A design review permit approval pursuant to Chapter 18.235.

(c)    Driveways shall have a minimum length of 20 feet from the public right-of-way and a minimum width of 10 feet.

(d)    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.

(e)    Utility lines shall be located so as not to prohibit the placement of at least one street tree within the lot frontage. In those instances where sidewalks are integral with the curb, the street tree shall be placed in the front yard setback area. If necessary, utility lines shall be placed under or directly adjacent to the driveway area.

(f)    Parking shall be provided for each single-family dwelling as required in Chapter 18.183. Individual garages shall remain reserved for vehicular parking and shall not be used as a storage area so as to preclude parking for two motor vehicles.

(g)    Electrical, telephone and utility transformers shall be placed underground. In no case shall a transformer be visible from any public or private street right-of-way.

(h)    Internal and external storage of municipal solid waste, recyclables, and yard waste shall conform to standards set out in Section 18.190.440.

(i)    For R-1-80 and R-1-160 zoning districts in the hill area, the city engineer or building official may require a new or additional on-site geotechnical report for grading plans, subdivision maps, or building permits on lands which are in a landslide, in the path of a landslide, at risk of a landslide, or in an area of slope instability as reasonably determined by the city engineer or building official. The evidence to be considered by the city engineer or building official may include any or all of the following:

(1)    Fremont general plan;

(2)    An on-site geotechnical report;

(3)    A survey by the United States Geological Survey;

(4)    A survey by the California Geologic Survey;

(5)    A report available to the city; or

(6)    Observation of physical conditions. The investigation shall be prepared by a state-licensed professional. The scope of such investigation shall be determined by the city engineer or building official based on the type of development or construction proposed, and the constraints to the land. The city engineer or building official may require approval of the investigation through peer review by an independent geologist selected by the city engineer or building official with the cost borne by the applicant. Based upon the results of the investigation, the city engineer or building official may approve or issue the requested plan, map or permit. (Ord. 87 § 8-2606; Ord. 481 § 2; Ord. 978 § 4, 2-12-74; Ord. 1086 § 9, 1-20-76; Ord. 1211 § 1, 11-8-77; Ord. 1294 § 11, 11-28-78; Ord. 1335 § 1, 6-26-79; Ord. 1683 § 7, 8-27-85; Ord. 1732 § 2, 8-26-86; Ord. 1759 § 13, 1-6-87; Ord. 1958 § 2, 2-5-91; Ord. 2045 § 70, 9-21-93; Ord. 2528 § 5, 12-16-03; Ord. 16-2005 § 3, 7-26-05; Ord. 1-2007 § 1, 2-6-07; Ord. 9-2014 § 13, 3-4-14. 1990 Code § 8-2606.)

[Notes Applicable to Chapter 18.65]

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.