The provisions of this chapter shall be known as the R-40 garden apartment residential zone regulations. The R-40 zone is intended to create, preserve, and enhance areas containing a mixture of single- or two-family dwellings and garden apartments in spacious settings for urban living, and is typically appropriate to attractive areas of existing lower medium density residential development. These regulations shall apply in the R-40 zone. (Prior planning code § 3600)

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 § 3602.1)

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 § 3603)

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. Residential Activities:

Residential Care, except when occupying a One-Family Dwelling Residential Facility

Service-Enriched Permanent Housing

Transitional Housing
B. Civic Activities:

Community Assembly

Community Education

Nonassembly Cultural

Administrative

Health Care

Utility and Vehicular

Extensive Impact
C. Agricultural and Extractive Activities:

Plant Nursery

Crop and Animal Raising

Mining and Quarrying
D. Off-street parking serving activities other than those listed above or in Section 17.22.050, subject to the conditions set forth in Section 17.102.100.
E. 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 § 3604)

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

Two-Family Dwelling
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 § 31, 2003: Ord. 11904 § 5.09 (part), 1996; prior planning code § 3605)

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. Residential Facilities:

Multi-Family Dwelling
B. Signs:

Business
C. 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 § 32, 2003: Ord. 12199 § 4F (part), 2000; Ord. 11904 § 5.10 (part), 1996; prior planning code § 3606)

All Signs shall be subject to the applicable limitations set forth in Section 17.104.010. (Prior planning code § 3613)

Every lot shall have a minimum lot area of five thousand (5,000) square feet and a minimum lot width of forty-five (45) 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 § 3614)

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. The numbers of dwelling units indicated in the following table are permitted on lots of the specified sizes:

B. Conditionally Permitted Density. A total of three or more dwelling units may be permitted on a lot, upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134, if the total lot area is not less than two thousand five hundred (2,500) square feet for each dwelling unit. The number of living units may also be increased, as prescribed in Section 17.106.060, in certain special housing. (Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12501 § 33, 2003: Ord. 12199 § 5D (part), 2000; prior planning code § 3615)

A conditional use permit for a Multifamily Dwelling Residential Facility or for more than two dwelling units on a lot may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134 and to all of the following use permit criteria:
A. That the proposed development will not adversely affect adjoining property, nor the surrounding neighborhood, with consideration to be given to density; to the availability of neighborhood facilities and play space; to the generation of traffic and the capacity of surrounding streets; and to all other similar, relevant factors;
B. That the site design and landscaping and the scale, height, length and width, bulk, coverage, and exterior treatment of structures are in harmony with neighborhood character and with facilities on nearby lots;
C. That the shape and siting of the facilities, and especially of any portions thereof which exceed one story in height, are such as to minimize blocking of views and direct sunlight from nearby lots and from other Residential Facilities in the surrounding neighborhood;
D. That the design and site planning of the buildings, open areas, parking and service areas, and other facilities provide a convenient, attractive, and functional living environment; and that paths, stairways, accessways, and corridors are so designed as to ensure privacy;
E. That lot shape, size, and dimensions allow a development which will provide satisfactory internal living conditions without adversely affecting the privacy, safety, or residential amenity of adjacent residences. (Prior planning code § 3616)

A. General. Except as otherwise provided in Section 17.108.020, where the site area to be covered by the structure exceeds a gradient of twenty (20) percent, 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 § 5.17, 1996: prior planning code § 3619)

The following minimum yards and courts 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 17.22.140.
A. Front Yard. The minimum front yard depth on every lot shall be twenty (20) feet, except as a lesser depth is allowed by Section 17.108.050 on steep slopes and except that if adjacent lots abutting the side lot lines of the subject lot both contain principal Residential Facilities that have front yards with a depth of less than twenty (20) feet, buildings and other structures on the subject lot may be located up to a line parallel to the front lot line and extended from the most forward projection of the principal Residential Facility on the adjacent lots having the deeper front yard depth, provided such projection is enclosed, has a wall height of at least eight feet, and has a width of at least five feet. (See illustration I-4e.)
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 17.05.060.
C. Side Yard--Interior Lot Line.
1. The minimum side yard width along each interior side lot line of every lot shall be five feet.
2. A side yard with a width greater than that required by subsection (C)(1) of this section shall be provided, when and as prescribed in Section 17.108.080, opposite a living room window which faces an interior side lot line and which is located
on a lot containing Residential Facilities with a total of two or more living units.
D. Rear Yard. The minimum rear yard depth on every lot shall be fifteen (15) feet, except as a lesser depth is allowed by Section 17.108.110.
E. Courts. On each lot containing Residential Facilities with a total of two or more living units, courts shall be provided when and as required by Section 17.108.120. (Ord. 12376 § 3 (part), 2001: prior planning code § 3620)

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 forty (40) percent or two thousand (2,000) square feet, whichever is greater, provided, however, that on lots containing two dwelling units, the lot coverage may be increased up to fifty (50) percent upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.34. (Ord. 12376 § 3 (part), 2001)

On each lot containing Residential Facilities with a total of two or more living units, group usable open space shall be provided in the minimum amount of three hundred (300) square feet per dwelling unit. Private usable open space may be substituted for such group space in the ratio prescribed in Section 17.126.020, except that actual group space shall be provided in the minimum amount of one hundred (100) square feet per dwelling unit. On each such lot, some private usable open space shall be provided with each individual dwelling unit. All required space shall conform to the standards for required usable open space in Chapter 17.126. (Ord. 12376 § 3 (part), 2001: prior planning code § 3621)

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 § 3622)

A. Mini-Lot Developments. In mini-lot developments, certain of the regulations otherwise applying to individual lots in the R-40 zone, may be waived or modified when and as prescribed in Section 17.102.320.
B. Planned Unit 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, certain uses may be permitted in addition to those otherwise allowed in the R-40 zone, and certain of the other regulations applying in said zone may be waived or modified. (Ord. 12376 § 3 (part), 2001: prior planning code § 3623)

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-40 zone.
E. Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in R-40 zone.
F. Landscaping and Screening Standards. The regulations set forth in Chapter 17.124 shall apply in the R-40 zone. (Ord. 12376 § 3 (part), 2001: amended during 1997 codification; Ord. 11807 § 3 (part), 1995; prior planning code § 3624)