Title 17 PLANNING
Chapter 17.12 R-10 ESTATE RESIDENTIAL ZONE REGULATIONS
17.12.010 Title, purpose, and applicability.
17.12.030 Required design review process.
17.12.040 Permitted activities.
17.12.050 Conditionally permitted activities.
17.12.060 Permitted facilities.
17.12.070 Conditionally permitted facilities.
17.12.080 Limitations on Signs.
17.12.090 Minimum lot area, width, and frontage.
17.12.100 Maximum residential density.
17.12.110 Maximum height.
17.12.120 Minimum yards.
17.12.130 Maximum lot coverage for Residential Facilities with up to two dwelling units on a lot.
17.12.140 Building length along side lot lines.
17.12.150 Buffering.
17.12.160 Special regulations for large developments.
17.12.170 Other zoning provisions.
17.12.010 Title, purpose, and applicability.
The provisions of this chapter shall be known as the R-10 estate
residential zone regulations. The R-10 zone is intended to create, preserve, and
enhance areas for single-family estate living at very low densities in spacious
environments, and is typically appropriate to portions of the Oakland hill area.
These regulations shall apply in the R-10 zone. (Prior planning code §
3250)
17.12.030 Required design review process.
Except for projects that are exempt from design review as set forth in
Section 17.136.025, no Local Register Property, Residential Facility, Mixed Use
Development, Telecommunications Facility, Sign, or other associated structure
shall be constructed, established, or altered in exterior appearance, unless
plans for the proposal have been approved pursuant to the design review
procedure in Chapter 17.136, and when applicable, the Telecommunications
regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104. (Ord.
12776 § 3, Exh. A (part), 2006: Ord. 11904 § 5.60 (part), 1996: prior
planning code § 3252)
17.12.040 Permitted activities.
The following activities, as described in the use classifications in
Chapter 17.10, are permitted:
A. Residential Activities:
Permanent
Residential Care occupying a One-Family Dwelling Residential
Facility
B. Civic Activities:
Essential Service
Limited
Child-Care
Telecommunications
(Ord. 12138 § 5 (part), 1999; Ord.
11904 § 5.07 (part), 1996; prior planning code § 3253)
17.12.050 Conditionally permitted activities.
The following activities, as described in the use classifications in
Chapter 17.10, may be permitted upon the granting of a conditional use permit
pursuant to the conditional use permit procedure in Chapter 17.134:
A. Civic
Activities:
Community Assembly
Community Education
Nonassembly
Cultural
Administrative
Utility and Vehicular
Extensive
Impact
B. Agricultural and Extractive Activities:
Plant Nursery
Crop
and Animal Raising
Mining and Quarrying
C. Off-street parking serving
activities other than those listed above or in Section 17.12.040, subject to the
conditions set forth in Section 17.102.100.
D. Additional activities which
are permitted or conditionally permitted in an adjacent zone, on lots near the
boundary thereof, subject to the conditions set forth in Section 17.102.110.
(Ord. 12138 § 5 (part), 1999; prior planning code § 3254)
17.12.060 Permitted facilities.
The following facilities, as described in the use classifications in
Chapter 17.10, are permitted:
A. Residential Facilities:
One-Family
Dwelling
One-Family Dwelling with Secondary Unit, subject to the provisions
specified in Section 17.102.360
B. Nonresidential Facilities:
Enclosed
Open
C. Signs:
Residential
Special
Development
Realty
Civic
D. Telecommunications
Facilities:
Micro, except as provided in Chapter 17.128
Mini, except as provided in Chapter 17.128
(Ord. 12501 § 10, 2003:
Ord. 11904 § 5.09 (part), 1996; prior planning code § 3255)
17.12.070 Conditionally permitted facilities.
The following facilities, as described in the use classifications in
Chapter 17.10, may be permitted upon the granting of a conditional use permit
pursuant to the conditional use permit procedure in Chapter
17.134:
A. Signs:
Business
B. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128 and Section 17.134.020(A)
(23)
Mini, except as provided in Chapter 17.128 and Section 17.134.020(A)
(23)
Macro
Monopole
(Ord. 12501 § 11, 2003: Ord. 12199 § 4A, 2000; Ord.
11904 § 5.10 (part), 1996; prior planning code § 3256)
17.12.080 Limitations on Signs.
All Signs shall be subject to the applicable limitations set forth in
Section 17.104.010. (Prior planning code § 3263)
17.12.090 Minimum lot area, width, and frontage.
Every lot shall have a minimum lot area of twenty-five thousand (25,000)
square feet and a minimum lot width of one hundred (100) feet, except as a
lesser area or width is allowed by Section 17.106.010. Every lot shall have a
minimum frontage of twenty-five (25) feet upon a street, except as this
requirement is modified by Section 17.106.020. (Prior planning code §
3264)
17.12.100 Maximum residential density.
The maximum density of Residential Facilities shall be as set forth below.
Also applicable are the provisions of Section 17.102.270 with respect to
additional kitchens for a dwelling unit, and the provisions of Section
17.102.300 with respect to dwelling units with five or more bedrooms. No
residential facility shall be permitted to have both an additional kitchen as
provided for in Section 17.102.270B and a Secondary Unit.
A. Permitted
Density. One primary dwelling unit is permitted on each lot. A Secondary Unit
may also be permitted, thereby making a total of two dwelling units on the lot,
subject to the provisions of Section 17.102.360. (Ord. 12776 § 3, Exh. A
(part), 2006: Ord. 12501 § 12, 2003: Ord. 12199 § 5A (part), 2000;
Ord. 12116 § 2 (part), 1999; prior planning code § 3265)
17.12.110 Maximum height.
A. General. Except as otherwise provided in Section 17.108.020, where the
site area to be covered by the principal building or other principal facility
exceeds a gradient of twenty (20) percent, and in Section 17.108.030, and
Chapter 17.128, the maximum height of buildings and other facilities shall be
twenty-five (25) feet, except that the highest portion of a pitched roof on a
principal building or other principal facility may extend up to thirty (30) feet
if all portions of the roof above twenty-five (25) feet are:
1. Pitched at a
vertical to horizontal ratio of no less than one to three (1:3) and no more than
two to one (2:1); and
2. If located within ten feet of an interior side lot
line, pitched upward from such lot line for a distance of at least ten feet from
the lot line (see illustration I-4a).
An exception is that if at least sixty
(60) percent of the buildings in the immediate context are no more than one
story in height, the maximum wall height shall be fifteen (15) feet within the
front twelve (12) feet of buildable area. The immediate context shall consist of
the five closest lots on each side of the project site plus the ten closest lots
on the opposite side of the street (see illustration I-4b); however, the
Director of City Planning may make an alternative determination of immediate
context based on specific site conditions. Such determination shall be in
writing and included as part of any approval of any variance, conditional use
permit, design review, determination of exemption from design review, or other
special zoning approval or, if no special zoning approval is required, part of
any City Planning signoff of a building permit application.
B. Accessory
Structures. Except as otherwise provided in Section 17.108.030 or Section
17.108.130, no accessory structure shall exceed fifteen (15) feet in
height.
C. Other Provisions. See Section 17.12.080 for maximum height of
Signs, and Section 17.108.130 for maximum height of facilities within minimum
yards. (Ord. 12376 § 3 (part), 2001: Ord. 11904 § 5.12, 1996: prior
planning code § 3269)
17.12.120 Minimum yards.
The following minimum yards shall be provided unobstructed except for the
accessory structures or the other facilities allowed therein by Section
17.108.130. See also Section 17.108.020 for greater yard requirements applying
to certain facilities which exceed the general maximum height prescribed in
Section 17.12.110.
A. Front Yard. The minimum front yard depth on every lot
shall be twenty-five (25) feet, except as a lesser depth is allowed by Section
17.108.050 on steep slopes.
B. Side Yard--Street Side of Corner Lot. The
minimum side yard width on the street side of every corner lot shall be as
prescribed in Section 17.108.060.
C. Side Yard--Interior Lot Line. The
minimum side yard width along each interior side lot line of every lot shall be
the greater of:
1. Six feet; or
2. Fifteen (15) percent of the lot width
at any point between the front and back of any structure on the lot (see
illustration I-4c).
D. Rear Yard. The minimum rear yard depth on every lot
shall be thirty-five (35) feet, except as a lesser depth is allowed by Section
17.108.110. For lots which abut an adjoining rear yard, the minimum rear yard
depth shall be increased by an additional one-half foot of rear yard depth for
each additional one foot of lot depth over one hundred (100) feet, up to a
maximum rear yard depth of eighty (80) feet. (Ord. 12376 § 3 (part), 2001:
prior planning code § 3270)
17.12.130 Maximum lot coverage for Residential Facilities with up to two dwelling units on a lot.
Except where the site area to be covered by the principal building or
other principal facility exceeds a gradient of twenty (20) percent, the lot
coverage for lots containing only Residential Facilities with up to two dwelling
units shall not exceed twenty (20) percent or two thousand (2,000) square feet,
whichever is greater. (Ord. 12376 § 3 (part), 2001)
17.12.140 Building length along side lot lines.
Where the site area to be covered by the principal building or other
principal facility exceeds a gradient of twenty (20) percent, the building
length facing a side lot line shall be limited to thirty-five (35) feet if
within the greater of:
A. Ten feet of the side lot line; or
B. The
distance from the side lot line equal to twenty (20) percent of the lot
width.
(See illustration I-4d). (Ord. 12376 § 3 (part), 2001)
17.12.150 Buffering.
All uses shall be subject to the applicable requirements of the buffering
regulations in Chapter 17.110 with respect to screening or location of parking,
loading, and storage areas; control of artificial illumination, and other
matters specified therein. (Ord. 12376 § 3 (part), 2001: prior planning
code § 3272)
17.12.160 Special regulations for large developments.
Large, integrated developments shall be subject to the planned unit
development regulations in Chapter 17.122 if they exceed the sizes specified
therein. In developments which are approved pursuant to said regulations, in the
R-10 zone certain of the regulations applying in said zone may be waived or
modified. (Ord. 12376 § 3 (part), 2001: prior planning code §
3273)
17.12.170 Other zoning provisions.
A. Parking and Loading. Off-street parking and loading shall be provided
as prescribed in the off-street parking and loading requirements in Chapter
17.116.
B. Home Occupations. Home occupations shall be subject to the
applicable provisions of the home occupation regulations in Chapter
17.112.
C. Nonconforming Uses. Nonconforming uses and changes therein shall
be subject to the nonconforming use regulations in Chapter
17.114.
D. General Provisions. The general exceptions and other regulations
set forth in Chapters 17.102, 17.104, 17.106, and 17.108 shall apply in the R-10
zone.
E. Recycling Space Allocation Requirements. The regulations set forth
in Chapter 17.118 shall apply in the R-10 zone.
F. Landscaping and Screening
Standards. The regulations set forth in Chapter 17.124 shall apply in the R-10
zone. (Ord. 12376 § 3 (part), 2001: Ord. 11807 § 3 (part), 1995; prior
planning code § 3274)
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