The provisions of this chapter shall be known as the R-70 high density residential zone regulations. The R-70 zone is intended to create, preserve, and enhance areas for apartment living at high densities in desirable settings, and is typically appropriate to areas having good accessibility to transportation routes and major shopping and community centers. These regulations shall apply in the R-70 zone. (Prior planning code § 3800)

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 § 3802.1)

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

Community Assembly

Community Education

Nonassembly Cultural

Telecommunications
(Ord. 12138 § 5 (part), 1999; Ord. 11904 § 5.08 (part), 1996; prior planning code § 3803)

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

Emergency Shelter
B. Civic Activities:

Administrative

Health Care

Utility and Vehicular

Extensive Impact
C. Commercial Activities:

Medical Service

Consultative and Financial Service, but limited to the provision of advice, designs, information, or consultation of a professional nature
D. Agricultural and Extractive Activities:

Crop and Animal Raising
E. Off-street parking serving activities other than those listed above or in Section 17.28.050, subject to the conditions set forth in Section 17.102.100.
F. 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 § 3804)

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
Multifamily 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 § 42, 2003: Ord. 11904 § 5.09 (part), 1996; prior planning code § 3805)

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:
Rooming House
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. 11904 § 5.10 (part), 1996; prior planning code § 3806)

A conditional use permit for Consultative and Financial Service Commercial Activities 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 both of the following criteria:
A. That the proposal involves preservation of an existing building which is architecturally or culturally significant, or which will substantially contribute to the livability of abutting properties and the surrounding neighborhood by providing architectural variety, lower bulk and coverage than otherwise permitted, and a generous amount of open space and landscaping;
B. That the proposed activity will generate little or no vehicular and pedestrian traffic beyond that represented by persons working on the premises.
(Prior planning code § 3811)

All Signs shall be subject to the applicable limitations set forth in Section 17.104.010.
(Prior planning code § 3813)

Every lot shall have a minimum lot area of four thousand (4,000) square feet and a minimum lot width of twenty-five (25) 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 § 3814)

The maximum density of Residential Facilities shall be as set forth below, subject to the provisions of Section 17.106.030 with respect to maximum density on lots containing both Residential and Nonresidential Facilities. 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. Basic Density. One regular dwelling unit is permitted for each four hundred fifty (450) square feet of lot area, provided that one extra such unit is permitted if a remainder of three hundred (300) square feet or more is obtained after division of the lot area by four hundred fifty (450) square feet. One efficiency dwelling unit is permitted for each three hundred (300) square feet of lot area, provided that one extra such unit is permitted if a remainder of two hundred twenty-five (225) square feet or more is obtained after division of the lot area by three hundred (300) square feet. The maximum number of rooming units shall be one for each two hundred twenty-five (225) square feet of lot area, plus one extra such unit if a remainder of one hundred fifty (150) square feet or more is obtained after division of the lot area by two hundred twenty-five (225) square feet. For a combination of different types of living units, the total required lot area shall be the sum of the above requirements for each. The number of living units allowed heretofore may be exceeded by ten percent on any corner lot, and may also be exceeded by ten percent on any lot which faces or abuts a public park at least as wide as the lot. A One-Family Dwelling or a One-Family Dwelling with Secondary Unit is permitted on any lot which qualifies under Section 17.106.010 as an existing buildable parcel and that contains no other dwelling units.
B. Density Bonuses. The number of living units allowed by subsection A of this section may be increased by not to exceed fifty (50) percent upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134, in each of the following situations:
1. In the case of a Residential Facility with more than four stories containing living units, subject to the provisions of Section 17.106.040;
2. Upon the acquisition of development rights from nearby lots, subject to the provisions of Section 17.106.050.
The number of living units may also be increased, as prescribed in Section 17.106.060, in certain special housing. (Ord. 12501 § 43, 2003: prior planning code § 3815)

The maximum floor-area ratio of Nonresidential Facilities shall be as set forth below, subject to the provisions of Section 17.106.030 with respect to maximum floor-area ratio on lots containing both Residential and Nonresidential Facilities:
A. Permitted Floor-Area Ratio. The maximum permitted floor-area ratio is 2.25, except that this ratio may be exceeded by ten percent on any corner lot and may also be exceeded by ten percent on any lot which faces or abuts a public park at least as wide as the lot.
B. Conditionally Permitted Floor-Area Ratio. The floor-area ratio permitted by subsection A of this section may be increased by not to exceed fifty (50) percent upon the acquisition of development rights from nearby lots and the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134, subject to the provisions of Section 17.106.050. (Prior planning code § 3817)

A. General Provisions. (See illustration I-5.) Except as otherwise provided in Section 17.108.030 and Chapter 17.128, no building or other facility shall exceed forty (40) feet in height unless each portion above that height is:
1. Set back from the inner line of each of the minimum side yard, if any, required by Section 17.28.150(C)(1) a minimum horizontal distance equal to one foot for each four feet by which it extends above the height of forty (40) feet; and
2. Set back from the inner line of the minimum rear yard required by Section 17.28.150D a minimum horizontal distance equal to one foot for each two feet by which it extends above the height of forty (40) feet, provided, however, that such setback from the inner line of the minimum rear yard need not exceed forty (40) feet.
The height of facilities shall be further limited, as applicable, by the provisions of Section 17.108.010 on lots lying along a boundary of the R-10, R-20, R-30, R-35, R-36, R-40, or R-50 zone.
B. Other Provisions. See Section 17.28.100 for maximum height of Signs, and Section 17.108.130 for maximum height of facilities within minimum yards and courts. (Ord. 11904 § 5.20, 1996; prior planning code § 3819)

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:
A. Front Yard. The minimum front yard depth on every lot shall be ten feet, except as a lesser depth is allowed by Section 17.108.050 on steep lots.
B. Side Yard--Street Side of Corner Lot. The minimum side yard width on the street side of every corner lot shall be five feet, except as a greater width is required by Section 17.108.060.
C. Side Yard--Interior Lot Line. (See illustration I-6a.) No side yard is generally required along an interior side lot line except as follows:
1. A side yard with a minimum width of five feet shall be provided opposite any legally required window of any habitable room in a Residential Facility, which window faces an interior side lot line. Such side yard shall be provided opposite such window and along the wall containing the window for not less than ten feet in each direction from the centerline thereof, and at and above the level of the story containing the window.
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.
3. A side yard shall be provided, as prescribed in Section 17.108.090, along an interior side lot line lying along a boundary of any of certain other zones.
D. Rear Yard. The minimum rear yard depth on every lot shall be ten 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. (Prior planning code § 3820)

On each lot containing Residential Facilities with a total of two or more living units, group usable open space shall be provided for such facilities in the minimum amount of one hundred fifty (150) square feet per regular dwelling unit plus one hundred (100) square feet per efficiency dwelling unit plus seventy-five (75) square feet per rooming 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 thirty (30) square feet per regular dwelling unit plus twenty (20) square feet per efficiency dwelling unit plus fifteen (15) square feet per rooming unit. All required space shall conform to the standards for required usable open space in Chapter 17.126. (Prior planning code § 3821)

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. (Prior planning code § 3822)

A. Mini-Lot Developments. In mini-lot developments, certain of the regulations otherwise applying to individual lots in the R-70 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-70 zone, and certain of the other regulations applying in said zone may be waived or modified. (Prior planning code § 3823)

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 Chapter 17.102 shall apply in the R-70 zone.
E. Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in R-70 zone. (Amended during 1997 codification; Ord. 11807 § 3 (part), 1995; prior planning code § 3824)