The intent of this chapter is to provide a degree of flexibility to interpretation and application of requirements and standards set forth in both the subdivision and zoning ordinance which preclude condominium developments. The provisions of this chapter are further intended to establish reasonable standards and procedures which are necessary to insure acceptable development and continued maintenance of condominiums as defined in this title. Condominium and townhouse or rowhouse developments are planned unit developments; however, a planned unit development does not have to be condominium or rowhousing. Single-family homes on individual lots can be part of a planned development, where land or open space is provided with dedication rights relinquished to the city.

(`78 Code, § 17.82.010.)

   The following uses may be permitted within any project approved by conditional use permit as provided in this section:

    (A)   Single-family dwelling detached;

   (B)   Multiple-family dwellings;

   (C)   Townhouse or rowhouse development;

   (D)   Public and private parks and recreation areas and permanent open space for which development rights have been deeded to the city;

   (E)   Cluster units as defined.

(`78 Code, § 17.82.020.)

   Any project developed pursuant to this chapter shall meet the following requirements, and any such permit issued shall be subject to conditions established under this chapter.

   (A)   The following standards are applicable to all development under this chapter.

      (1)   Project size. The land area and dimensions of the project shall not be less than the lot area requirements established by the zone.

      (2)   Yard requirements. Yards shall be measured from the property lines of individual lots or from the accessways if individual lots are not provided. Yards shall be established as follows.

         (a)   Multiple-family attached dwellings.

            1.   Front yard. The front yard shall be a minimum of 20 feet for front-on garage setbacks. Corner cut-offs shall be in compliance with §§ 17.70.030 and 17.70.050.

            2.   Interior side yards. The interior side yards shall be a minimum of five feet for one-story buildings, ten feet for two-story buildings and 15 feet for three-story buildings, except that an attached patio structure, open on three sides, may extend to within three feet of a side property line.

            3.   Street side yards. The street side yard setbacks shall be a minimum of ten feet from private and local streets, 15 feet from collector streets and 20 feet from major and secondary streets, except that an attached patio structure, open on three sides, may extend to within ten feet from property line.

            4.   Rear yard. The rear yard shall be a minimum of ten feet except that an attached patio structure, open on three sides, may extend to within three feet of a rear property line.

            5.   Building separation. In no case shall buildings be separated by less than 15 feet for one-story buildings, 20 feet for two-story buildings and 25 feet for three-story buildings. In the case of two buildings of differing heights, the more stringent separation shall apply.

         (b)   Single-family attached dwellings.

            1.   Front yard. The front yard shall be a minimum of 20 feet. Corner cut offs shall be in compliance with §§ 17.70.030 to 17.70.050.

            2.   Interior side yards. Interior side yards shall be a minimum of five feet except where attached along a common property line.

            3.   Street side yards. Street side yards shall be a minimum of ten feet on a local, private or collector street and 15 feet on a secondary or major street. Corona Municipal Code Chapter 17.70 standards applicable to corner cut-offs, key lots and reverse corner lots shall apply.

            4.   Rear yards. The rear yard shall be an average of 15 feet with no building area closer than ten level feet to the rear property line. An attached patio structure, open on three sides, may extend to within three feet of the rear property line. For accessory buildings see Corona Municipal Code § 17.66.010.

            5.   Building separation. The minimum building separation shall be ten feet between one-story conditions, 15 feet between a one- and a two-story condition and 20 feet between two-story conditions.

         (c)   Detached dwellings. The setback requirements of the underlying zone shall apply except that zero side yard set backs may be allowed with a minimum building separation of ten feet upon approval from the Planning Commission.

      (3)   Maximum number of dwelling units.

         (a)   The number of dwelling units permitted in a project shall not exceed the number of dwelling units permitted by the property development standards of the zone in which the project property is located.

         (b)   In computing the maximum number of dwelling units which may be permitted for a project, the land area within the proposed project shall be considered less any portion thereof for street purposes and/or easements for master-planned flood control and drainage facilities have been accepted for dedication by the city or offered to the city for dedication or required to be so offered by law or as a condition to any permit or entitlement granted by the city.

         (c)   Additionally, the maximum allowable number of dwelling units within a project, pursuant to the provisions of this section, shall be computed by adding to the number of dwelling units permitted within the project by reason of the zone in which project property is located the number of dwelling units which would be allowed on that property on which development rights are to be dedicated to the city for open space, even though such open space property is not eligible for inclusion within the project by reason of its zoning or location; provided, however, the additional dwelling units shall not exceed the maximum number of allowable dwelling units permitted in the project by reason of the zoning thereof.

         (d)   The maximum number of additional dwelling units relative to such open space property shall be computed as if the open space property were zoned the same as the property on which dwelling units are proposed to be constructed.

      (4)   Minimum lot area and width. The minimum lot area and width shall be determined by the zone in which the projects are situated as follows.

 

*Single-family detached development in the R-2 or R-3 zone shall conform to the standards of the R-1-7.2 zone.

      (5)   Requirements. That property on which development rights are proposed shall be dedicated to the city for open space and shall be of sufficient size so as to assure that every lot within the project meets the minimum lot area per dwelling unit standards for the zone in which project property is located as computed pursuant to pertinent provisions of this section; provided, however, that the open space property on which dwelling units for a project are computed, which is used to assure that every lot within the project meets the minimum lot area standard, shall not be property, or any portion thereof, on which development rights have been dedicated or have been required to be dedicated for open space purposes or which has been considered open space in computing the maximum number of dwelling units for a project which a conditional use permit for a planned unit development has been previously granted by the city.

   (B)   If the open space property is to be offered for dedication as a public park, the open space must contain at least five contiguous acres at a location approved by the City Council and shall be accessible by motor vehicle or pedestrian use to those persons residing within the project. A conditional use permit for a planned unit development may contain a condition that any open space property, the development rights to which are dedicated to the city, shall be landscaped, and such landscaping shall be maintained by such owners of the property within the project and/or by the owners of the open space property through the creation of a landscape maintenance district or maintenance shall be guaranteed by covenants, conditions and restrictions imposed on the open space property and/or the property within the project or by other competent guarantee, as approved by the Planning Director.

(`78 Code, § 17.82.030.) (Ord. 2032 § 2, 1990; Ord. 1987 § 1, 1990; Ord. 1728 § 1, 1984.)

   The following standards are applicable to group housing, townhouses, apartment houses and development in which mixed housing types are to be developed:

   (A)   Residents of each dwelling unit in the project must have access to park or usable open space without crossing streets or property owned by others. This open space must have a minimum width of not less than 20 feet and be convenient to the dwelling unit. All individual properties in the project that do not have common boundaries with permanent open space reserves shall conform in land area and dimensions to the zone in which the project is located;

   (B)   The parking requirements shall conform to and be not more restrictive than those established in other sections of the zoning ordinance for those uses permitted in the projects, except that the Planning Commission may require additional visitor parking as a condition of approval. The required parking spaces, carports or garages, or any portions thereof, may be grouped together when it is determined by the Planning Director that such grouping and the location thereof are convenient and useful to the units served;

   (C)   All areas set aside for storage and pickup of trash and garbage shall be completely enclosed on four sides by a solid four and one-half foot wall or fence or completely screened by other methods acceptable to the Planning Commission. The areas shall be convenient to residents whom they are intended to serve.

(`78 Code, § 17.82.040.) (Ord. 1728 § 2, 1984; Ord. 1627 § 1, 1982.)

   In order to accomplish the objectives of this chapter, it shall be necessary to vary certain provisions of the subdivision and zoning regulations; provided, however, that logical standards equally applied are required where necessary as a condition of approval.

   (A)   The land area required per unit which is owned in fee by individuals may be waived by the Planning Commission in those instances where common open space has been provided as required in this chapter, except that the following standard shall apply without exception. All single-family detached units shall occupy parcels of land not less than 7,200 square feet in area, with a minimum width of not less than 60 feet.

   (B)   All private common access streets, driveways, alleys and other accessways provided for vehicular access and serving cluster units within the project shall be developed in accordance with the plans and specifications approved as part of this action by the Planning Commission and shall be maintained by responsible management of the project perpetually. The Commission may require changes in the design of these common elements as a condition of approval if in their judgment such changes are justified to improve access for fire, police and other emergency vehicles.

   (C)   The City Council may require and accept dedication of public easements for utilities both public and private within, along or across the common areas of the project.

   (D)   If in the judgment of the Planning Commission there exists in the project open areas which might at a future time be developed in a manner conflicting with the intent of the zone or the objectives of this chapter, they (the Commission) may require as a condition of approval the dedication of a development easement or deeding of development rights on these open areas which shall then be clearly shown on all maps of record.

   (E)   The Planning Commission may require other reasonable conditions which relate to the physical development of the project or to the methods of managing the common elements and providing for perpetual maintenance of these elements.

    (F)    Any conditional permit granted pursuant to the provisions of this chapter shall contain a condition providing for the revocation of the permit if open areas and recreational facilities are not preserved and maintained, automobile storage space and adequate access thereto is not preserved and maintained or any taxes or assessments on the common elements are not paid within the period required by law.

(`78 Code, § 17.82.050.) (Ord. 1728 § 3, 1984.)

   (A)   The application for conditional approval under this chapter shall include:

      (1)   A general development plan(s) with at least the following details shown to scale and dimension:

         (a)   Location and use or uses proposed for each existing and each proposed structure in the project area. The number of stories, gross building area and approximate location of entrances;

         (b)   Location of all existing and proposed curb cuts, drive lanes, streets, alleys and parking, loading storage areas and refuse pickup areas;

         (c)   Location and width of all pedestrian walks and open areas for common use;

         (d)   Types of surfacing treatment proposed for all walks and driveways;

         (e)   Location of landscaping elements proposed for the project, including fences and screen planting;

         (f)   Location of all existing and proposed physical features such as hydrants, utility facilities, drainage facilities and recreational facilities;

      (2)   A boundary survey map of the project (a tentative subdivision map may be substituted for this requirement if the applicant proposes to subdivide the property);

      (3)   A map showing existing topography of the project area with contours at two foot intervals and direction of drainage and grading plans if proposed earth movement is contemplated;

      (4)   Statements in writing of all declarations, restrictions, covenants, method of maintaining the common areas and elements located therein;

      (5)   For any project involving detached dwelling units other than condominium, townhouse or rowhouse developments, a tentative subdivision map prepared in accordance with existing requirements relating thereto may be submitted in lieu of the other requirements of this chapter.

   (B)   Prior to submittal for Planning Commission review, the applicant shall submit plans for staff review in accordance with the provisions of Chapter 17.102.

   (C)   (1)   At the public hearing, the Planning Director shall review the project plans and submit by written record to the Planning Commission a Director’s report recommending or not recommending approval of the project.

      (2)   The Director’s report shall include, but not be limited to an evaluation of the compatibility of the planning and architecture with surrounding properties, adequacy of the internal and external circulation system, sufficiency of on-site parking facilities, adequacy and suitability of open space and recreation facilities, quality of landscape and irrigation improvements and a determination as to the overall quality of the design and improvements.

(`78 Code, § 17.82.060.) (Ord. 1728 § 4, 1984.)

   The procedures for a conditional use permit, as designated in Chapter 17.92 shall apply. The provisions of Chapter 17.96 shall apply to the issuance of a variance if requested under this chapter.

(`78 Code, § 17.82.070.)