Cupertino City Zoning Code

CHAPTER 19

44: RESIDENTIAL SINGLE-FAMILY CLUSTER R1C ZONES

19.44.010 Purpose.

The purpose of a cluster zone is to promote neighborhood identity and enhance the quality of life for City residents by encouraging developers to use a more creative approach in land development, to provide a means for reducing the amount of street improvements and public utilities required in residential development, to conserve natural features, and to facilitate the provision of more desirable aesthetic and efficient use of open space.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

19.44.020 Applicability of Regulations.

The requirements of this chapter, unless waived or modified in accord with Section 19.44.080, must be met with respect to all real properties intended to be developed as, or converted to, a single-family residential cluster development as described in this chapter, including the conversion of existing apartment houses to condominiums.
No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in a residential cluster zone, otherwise than in conformance with the following provisions.
Reasonable Accommodation: Notwithstanding the above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.52.

(Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992; Ord. 25-2277, Exh. A (part), 2025)

19.44.030 Characteristics of R1C Zones.

A residential single-family cluster zone is a land use designation for a single-family residential use upon a parcel of real property, a portion of which consists of:
1. An undivided interest in a common area used for open space, recreational, parking, vehicular and pedestrian circulation by residences of the parcel;
2. Separate property interests owned by each family residing on the parcel.
The separate property interests may include:
1. Individual subparcels which comprise building areas only or building areas plus private yards or atria; or
2. Separate property interests in space in a residential building on the parcel; or
3. Both types of separate property interests enumerated above.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

19.44.040 Permitted, Conditional and Excluded Uses.

Permitted, Conditional and Excluded Uses that may be conducted from property zoned single-family cluster (R1C), are identified in Section 19.20.020.

(Ord. 2085, § 2 (part), 2011)

19.44.050 Site Development Regulations.

Table 19.44.050 sets forth the rules and regulations pertaining to the development of property zoned single-family residential cluster (R1C).

19.44.060 Specific Development Standards.

Table 19.44.060 sets forth the rules and regulations pertaining to the development of buildings on property zoned single-family residential cluster (R1C).

19.44.070 Changes after Granting of a Cluster Zone.

Table 19.44.070 sets forth the regulations pertaining to changes proposed to existing developments in single-family residential cluster (R1C) zones.

19.44.080 Exceptions–Findings.

The requirements of this chapter can be waived or modified, with an Exception application, if the Planning Commission and City Council make any one of the following findings:

Although one or more specific standards cannot be complied with because of property size constraints, existing building morphology, topographical problems, or other conditions beyond the control of the property owner/developer, the proposed project substantially complies with the general standards contained within this chapter;
That the proposal provides for low-moderate income and senior citizen housing in a manner consistent with the housing element of the General Plan.

(Ord. 2085, § 2 (part), 2011)

Table 19.44.050: Site Development Regulations

A. Initiation of Zoning
1. By property owner	In accord with the requirements of Chapter 19.12 and Chapter 19.152 and application must include a development plan as described in Section 19.44.050(H).
2. City Council or Planning Commission	May be initiated when it is determined that this type of zoning designation will allow development that will preserve or enhance land features and vegetation such as stream courses and groves of specimen trees, historic buildings, and unique scenic vistas, and will enhance older neighborhoods which have undeveloped properties which have an access problem or a parcel configuration which precludes development utilizing conventional street and lot standards. A development plan is not required.
B. Density
1. Total Density	The total number of dwelling units per gross acre shall be defined by the density provisions of the current land use and housing elements of the General Plan.
2. Density Range and allowable density	Where a density range is designated, the allowable number of dwelling units shall be determined based upon the following criteria: The relationship of the proposed development to the development character of the immediate neighborhood; The impact of the proposed development on physiographic factors of the site, such as slope steepness, geologic stability, and vegetation; The impact of the proposed development on community, utility and social services such as sanitary sewer, storm drain, water, fire and police emergency services, and schools; The impact of the proposed development on the capacity of the neighborhood street system; The quality of the project design relative to building location, design, and materials and the livability of the dwelling units for its future residents. The performance standards contained within this chapter shall provide a means to measure the livability of the dwelling units; The relationship of the proposed development to the housing goals contained within the housing element of the General Plan.
C. Allowable Units in Areas Delineated as Hillside in General Plan
1. Maximum Number of Dwelling Units	Maximum number of dwelling units permitted in a cluster development shall be calculated in accordance with slope-density formulas and/or other mechanically or mathematically approved methods to determine dwelling unit intensity as outlined by the General Plan.
D. Land Area for Density Calculation
	The land area utilized to compute the maximum allowable number of dwelling units shall be the gross size of the property less: Non-street areas which have been, or will be required to be dedicated or acquired, in fee, for public purposes such as flood control and water conservation, parks, and public schools; Areas on the site which cannot legally or physically be utilized for building or recreations uses, e.g., areas directly underneath transmission towers or areas containing easement rights which prohibit use of the land.
E. Private Outdoor Space
1. Required	Shall be provided for each unit.
2. Amount of Space	Shall be determined in each case by the size of the unit, type of tenure and amount of open space.
F. Visual Intrusion	The relationship between adjoining units shall be designed in such a manner so as to preclude visual intrusion into private outdoor yards or interior spaces.
G. Noise Impacts	If the Director of Community Development determines that an excessive external noise source shall exist in the project area, the developer shall retain an acoustical engineer to evaluate the noise impact on the proposed residential development and develop mitigation measures. The construction system shall comply with applicable City ordinances relative to sound-transmission control to ensure acoustical privacy between adjoining dwelling units.
H. Development Plan Contents
1. Content	Information required pursuant to Title 18, Subdivision.
2. Common Area	Common area that is to be maintained and controlled by the owners of the property and their successors in interest, but is to be available for the recreational and leisure use of the occupants of the cluster development;
3. Grading Plan	A grading plan describing existing contours and finish grading in relation to the proposed building program. The plan shall contain complete cross-sections.The grading plan shall denote the location of all native trees over four inches in diameter and the impact of the grading plan on such trees;
4. Public Areas	Parcels of land intended to be dedicated or reserved for public parks, playgrounds, school sites, or otherwise dedicated or reserved to the public in general;
5. Street System	A map showing the proposed system of public and private streets, including cross-sections for all types of streets;
6. Adjacent Properties and Uses	Description of immediately adjoining land use types, including location of structure;
7. Architecture	The architectural theme of the development and the location of buildings, building configurations, building heights, building square footages, fence lines, private patio and balcony areas, and lot lines. A coding system shall be used to delineate unit types relative to number of stories and number of bedrooms. A land use distribution table shall be prepared setting forth the net property size and the land area devoted to various land use activities.

(Ord. 2085, § 2 (part), 2011)

Table 19.44.060: Specific Development Standards

A. Minimum Development Area for Residential Cluster Zoning District	No minimum.
B. Minimum Setbacks
1. Corner lot	25 feet. However, the 40 foot corner triangle shall remain free and clear of all buildings or portions thereof.
2. Units adjacent to development boundary	Same setbacks as required in the adjacent zones.
3. Second Story Decks and Patios
i. Front Yard	May encroach three (3) feet into a required front yard setback
ii. Side Yard	15 feet
iii. Rear Yard	20 feet
C. Height
1. Buildings	30 feet
2. Increases in Height	Shall be permitted if the Planning Commission or City Council determines that such height increase will not have an adverse impact upon the immediately adjacent neighborhood. Generally, units immediately adjacent to the development area boundary shall not exceed the height of existing dwelling units adjacent to the development area.
D. Site Design
1. Front Entryway	Shall be private by either orientating them in a different direction from adjoining units, by utilization of an enclosed patio, by utilization of wing walls, by utilization of a recessed foyer, or through other design techniques.
2. Pedestrian Walks	All dwelling units (and buildings containing condominium units) shall be interconnected by pedestrian walks fully separated from moving vehicles.
3. Access to Common Open Spaces	Each unit shall have direct access to common open spaces.
4. Family-oriented planned residential communities	Playfields shall be incorporated into common open space to accommodate group play activities.
5. Sitting Areas/ Tot lots	Small sitting areas or tot lots shall be provided throughout each project to provide informal meeting space.
E. Streets
1. Standards	Pavement, curbs, gutters, storm drains, and water mains of the private street shall be constructed to the standards of City streets, subject to the approval of the City Engineer.
2. Modifications to Standards	May be permitted by the City Engineer when recommended by a licensed engineer.
3. Minimum Width	24 feet curb to curb, with curb and gutter on both sides of the street.
4. Sidewalks	Shall be a minimum of 4 feet 6 inches in width
5. Easements
a. Public Service Easement	Roadways of the private street, plus a five-foot-wide strip on either side of the street shall constitute a public service easement.
b. Other Easements	Other public service or utilities easements may be incorporated into the development plan.
6. Lighting Intensity	Private streets and major walkways shall be lighted to an intensity approved by the City Engineer.
7. Type and Location of Electroliers	Shall be approved by the Planning Commission.
8. Street Names and Address Numbers	Shall be approved by the Building Department in coordination with the Postmaster, the Fire Department and County Communications Office.
9. Bicycle Circulation System	Shall be incorporated into the project design in a manner which, to the greatest degree possible, separates bicycle movements from motor vehicles and pedestrians. This system shall be designed to interface with the existing and planned City-wide bicycle systems.
10. Conformance with Vehicle Code	The owner of the development will be required to participate in the initiation of a City ordinance update to Chapter 11.26, to make the private streets subject to the Vehicle Code, under the provisions of Section 21107.7 of the Code, the provisions of such ordinance to be subject to the approval of the enforcing agency.
11. Fire Truck Turnaround	Adequate turnaround space shall be provided at the termini of the private streets subject to the approval of the Fire District.
F. Improvements and Covenants for Common Area
1. Completion/Bonding	Improvement of the common areas shall be completed by the developer and shall be subject to bonding and other procedures in the same manner as required for street improvements by Title 18, Subdivision.
2. Deeded to Homeowners Association	The common areas shall be deeded to an association of the homeowners for whose benefit the common area is set aside.
3. Development Rights	Shall be dedicated to the City prior to recordation of a final subdivision map to assure that the common area is available for the entire development.
4. Maintenance	a. Shall be the responsibility of the homeowners association to which the common areas are deeded. b. In the event the private road, driveways, parking areas, walkways, landscaping or buildings are not maintained to applicable City standards, the City may, after notice and advertised public hearing, effect the necessary maintenance, with the cost to be a lien on the property.
5. Declaration of Covenants, Conditions and Restrictions	Shall be reviewed by the City Attorney, prior to recordation, to determine its compatibility with the intent and conditions as set forth herein.
6. Articles of Incorporation and Other Instruments Related to Homeowners Association	Shall be subject to the review and approval of the City Attorney.

(Ord. 2085, § 2 (part), 2011)

Table 19.44.070: Changes after Granting of a Cluster Zone

A. Minor Change (does not include increase in number of dwelling units)

May be approved with a building permit if the City Planner makes the following finding that:

The changes are minor and do not affect the general appearance of the area or the interests of the owners of property within or adjoining the development area.

B. Major Change

Major change includes a change to the development regulations and requirements, conditions of the approved development, declaration of conditions, covenants and restrictions, and an increase in the number of dwelling units. All of the above shall be processed, in accord with the requirements of Chapter 19.12, as a development permit and/or an architectural and site approval, except an increase in the number of dwelling units which shall be processed as a zone change.

(Ord. 2085, § 2 (part), 2011)

Cupertino City Zoning Code

CHAPTER 19

44: RESIDENTIAL SINGLE-FAMILY CLUSTER R1C ZONES

19.44.010 Purpose.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

19.44.020 Applicability of Regulations.

The requirements of this chapter, unless waived or modified in accord with Section 19.44.080, must be met with respect to all real properties intended to be developed as, or converted to, a single-family residential cluster development as described in this chapter, including the conversion of existing apartment houses to condominiums.
No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in a residential cluster zone, otherwise than in conformance with the following provisions.
Reasonable Accommodation: Notwithstanding the above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.52.

(Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992; Ord. 25-2277, Exh. A (part), 2025)

19.44.030 Characteristics of R1C Zones.

A residential single-family cluster zone is a land use designation for a single-family residential use upon a parcel of real property, a portion of which consists of:
1. An undivided interest in a common area used for open space, recreational, parking, vehicular and pedestrian circulation by residences of the parcel;
2. Separate property interests owned by each family residing on the parcel.
The separate property interests may include:
1. Individual subparcels which comprise building areas only or building areas plus private yards or atria; or
2. Separate property interests in space in a residential building on the parcel; or
3. Both types of separate property interests enumerated above.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

19.44.040 Permitted, Conditional and Excluded Uses.

Permitted, Conditional and Excluded Uses that may be conducted from property zoned single-family cluster (R1C), are identified in Section 19.20.020.

(Ord. 2085, § 2 (part), 2011)

19.44.050 Site Development Regulations.

Table 19.44.050 sets forth the rules and regulations pertaining to the development of property zoned single-family residential cluster (R1C).

19.44.060 Specific Development Standards.

Table 19.44.060 sets forth the rules and regulations pertaining to the development of buildings on property zoned single-family residential cluster (R1C).

19.44.070 Changes after Granting of a Cluster Zone.

Table 19.44.070 sets forth the regulations pertaining to changes proposed to existing developments in single-family residential cluster (R1C) zones.

19.44.080 Exceptions–Findings.

The requirements of this chapter can be waived or modified, with an Exception application, if the Planning Commission and City Council make any one of the following findings:

Although one or more specific standards cannot be complied with because of property size constraints, existing building morphology, topographical problems, or other conditions beyond the control of the property owner/developer, the proposed project substantially complies with the general standards contained within this chapter;
That the proposal provides for low-moderate income and senior citizen housing in a manner consistent with the housing element of the General Plan.

(Ord. 2085, § 2 (part), 2011)

Table 19.44.050: Site Development Regulations

A. Initiation of Zoning
1. By property owner	In accord with the requirements of Chapter 19.12 and Chapter 19.152 and application must include a development plan as described in Section 19.44.050(H).
2. City Council or Planning Commission	May be initiated when it is determined that this type of zoning designation will allow development that will preserve or enhance land features and vegetation such as stream courses and groves of specimen trees, historic buildings, and unique scenic vistas, and will enhance older neighborhoods which have undeveloped properties which have an access problem or a parcel configuration which precludes development utilizing conventional street and lot standards. A development plan is not required.
B. Density
1. Total Density	The total number of dwelling units per gross acre shall be defined by the density provisions of the current land use and housing elements of the General Plan.
2. Density Range and allowable density	Where a density range is designated, the allowable number of dwelling units shall be determined based upon the following criteria: The relationship of the proposed development to the development character of the immediate neighborhood; The impact of the proposed development on physiographic factors of the site, such as slope steepness, geologic stability, and vegetation; The impact of the proposed development on community, utility and social services such as sanitary sewer, storm drain, water, fire and police emergency services, and schools; The impact of the proposed development on the capacity of the neighborhood street system; The quality of the project design relative to building location, design, and materials and the livability of the dwelling units for its future residents. The performance standards contained within this chapter shall provide a means to measure the livability of the dwelling units; The relationship of the proposed development to the housing goals contained within the housing element of the General Plan.
C. Allowable Units in Areas Delineated as Hillside in General Plan
1. Maximum Number of Dwelling Units	Maximum number of dwelling units permitted in a cluster development shall be calculated in accordance with slope-density formulas and/or other mechanically or mathematically approved methods to determine dwelling unit intensity as outlined by the General Plan.
D. Land Area for Density Calculation
	The land area utilized to compute the maximum allowable number of dwelling units shall be the gross size of the property less: Non-street areas which have been, or will be required to be dedicated or acquired, in fee, for public purposes such as flood control and water conservation, parks, and public schools; Areas on the site which cannot legally or physically be utilized for building or recreations uses, e.g., areas directly underneath transmission towers or areas containing easement rights which prohibit use of the land.
E. Private Outdoor Space
1. Required	Shall be provided for each unit.
2. Amount of Space	Shall be determined in each case by the size of the unit, type of tenure and amount of open space.
F. Visual Intrusion	The relationship between adjoining units shall be designed in such a manner so as to preclude visual intrusion into private outdoor yards or interior spaces.
G. Noise Impacts	If the Director of Community Development determines that an excessive external noise source shall exist in the project area, the developer shall retain an acoustical engineer to evaluate the noise impact on the proposed residential development and develop mitigation measures. The construction system shall comply with applicable City ordinances relative to sound-transmission control to ensure acoustical privacy between adjoining dwelling units.
H. Development Plan Contents
1. Content	Information required pursuant to Title 18, Subdivision.
2. Common Area	Common area that is to be maintained and controlled by the owners of the property and their successors in interest, but is to be available for the recreational and leisure use of the occupants of the cluster development;
3. Grading Plan	A grading plan describing existing contours and finish grading in relation to the proposed building program. The plan shall contain complete cross-sections.The grading plan shall denote the location of all native trees over four inches in diameter and the impact of the grading plan on such trees;
4. Public Areas	Parcels of land intended to be dedicated or reserved for public parks, playgrounds, school sites, or otherwise dedicated or reserved to the public in general;
5. Street System	A map showing the proposed system of public and private streets, including cross-sections for all types of streets;
6. Adjacent Properties and Uses	Description of immediately adjoining land use types, including location of structure;
7. Architecture	The architectural theme of the development and the location of buildings, building configurations, building heights, building square footages, fence lines, private patio and balcony areas, and lot lines. A coding system shall be used to delineate unit types relative to number of stories and number of bedrooms. A land use distribution table shall be prepared setting forth the net property size and the land area devoted to various land use activities.

(Ord. 2085, § 2 (part), 2011)

Table 19.44.060: Specific Development Standards

A. Minimum Development Area for Residential Cluster Zoning District	No minimum.
B. Minimum Setbacks
1. Corner lot	25 feet. However, the 40 foot corner triangle shall remain free and clear of all buildings or portions thereof.
2. Units adjacent to development boundary	Same setbacks as required in the adjacent zones.
3. Second Story Decks and Patios
i. Front Yard	May encroach three (3) feet into a required front yard setback
ii. Side Yard	15 feet
iii. Rear Yard	20 feet
C. Height
1. Buildings	30 feet
2. Increases in Height	Shall be permitted if the Planning Commission or City Council determines that such height increase will not have an adverse impact upon the immediately adjacent neighborhood. Generally, units immediately adjacent to the development area boundary shall not exceed the height of existing dwelling units adjacent to the development area.
D. Site Design
1. Front Entryway	Shall be private by either orientating them in a different direction from adjoining units, by utilization of an enclosed patio, by utilization of wing walls, by utilization of a recessed foyer, or through other design techniques.
2. Pedestrian Walks	All dwelling units (and buildings containing condominium units) shall be interconnected by pedestrian walks fully separated from moving vehicles.
3. Access to Common Open Spaces	Each unit shall have direct access to common open spaces.
4. Family-oriented planned residential communities	Playfields shall be incorporated into common open space to accommodate group play activities.
5. Sitting Areas/ Tot lots	Small sitting areas or tot lots shall be provided throughout each project to provide informal meeting space.
E. Streets
1. Standards	Pavement, curbs, gutters, storm drains, and water mains of the private street shall be constructed to the standards of City streets, subject to the approval of the City Engineer.
2. Modifications to Standards	May be permitted by the City Engineer when recommended by a licensed engineer.
3. Minimum Width	24 feet curb to curb, with curb and gutter on both sides of the street.
4. Sidewalks	Shall be a minimum of 4 feet 6 inches in width
5. Easements
a. Public Service Easement	Roadways of the private street, plus a five-foot-wide strip on either side of the street shall constitute a public service easement.
b. Other Easements	Other public service or utilities easements may be incorporated into the development plan.
6. Lighting Intensity	Private streets and major walkways shall be lighted to an intensity approved by the City Engineer.
7. Type and Location of Electroliers	Shall be approved by the Planning Commission.
8. Street Names and Address Numbers	Shall be approved by the Building Department in coordination with the Postmaster, the Fire Department and County Communications Office.
9. Bicycle Circulation System	Shall be incorporated into the project design in a manner which, to the greatest degree possible, separates bicycle movements from motor vehicles and pedestrians. This system shall be designed to interface with the existing and planned City-wide bicycle systems.
10. Conformance with Vehicle Code	The owner of the development will be required to participate in the initiation of a City ordinance update to Chapter 11.26, to make the private streets subject to the Vehicle Code, under the provisions of Section 21107.7 of the Code, the provisions of such ordinance to be subject to the approval of the enforcing agency.
11. Fire Truck Turnaround	Adequate turnaround space shall be provided at the termini of the private streets subject to the approval of the Fire District.
F. Improvements and Covenants for Common Area
1. Completion/Bonding	Improvement of the common areas shall be completed by the developer and shall be subject to bonding and other procedures in the same manner as required for street improvements by Title 18, Subdivision.
2. Deeded to Homeowners Association	The common areas shall be deeded to an association of the homeowners for whose benefit the common area is set aside.
3. Development Rights	Shall be dedicated to the City prior to recordation of a final subdivision map to assure that the common area is available for the entire development.
4. Maintenance	a. Shall be the responsibility of the homeowners association to which the common areas are deeded. b. In the event the private road, driveways, parking areas, walkways, landscaping or buildings are not maintained to applicable City standards, the City may, after notice and advertised public hearing, effect the necessary maintenance, with the cost to be a lien on the property.
5. Declaration of Covenants, Conditions and Restrictions	Shall be reviewed by the City Attorney, prior to recordation, to determine its compatibility with the intent and conditions as set forth herein.
6. Articles of Incorporation and Other Instruments Related to Homeowners Association	Shall be subject to the review and approval of the City Attorney.

(Ord. 2085, § 2 (part), 2011)

Table 19.44.070: Changes after Granting of a Cluster Zone

A. Minor Change (does not include increase in number of dwelling units)

May be approved with a building permit if the City Planner makes the following finding that:

The changes are minor and do not affect the general appearance of the area or the interests of the owners of property within or adjoining the development area.

B. Major Change

(Ord. 2085, § 2 (part), 2011)

Cupertino City Zoning Code

CHAPTER 19

44: RESIDENTIAL SINGLE-FAMILY CLUSTER R1C ZONES

19.44.010 Purpose.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

19.44.020 Applicability of Regulations.

The requirements of this chapter, unless waived or modified in accord with Section 19.44.080, must be met with respect to all real properties intended to be developed as, or converted to, a single-family residential cluster development as described in this chapter, including the conversion of existing apartment houses to condominiums.
No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in a residential cluster zone, otherwise than in conformance with the following provisions.
Reasonable Accommodation: Notwithstanding the above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.52.

(Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992; Ord. 25-2277, Exh. A (part), 2025)

19.44.030 Characteristics of R1C Zones.

A residential single-family cluster zone is a land use designation for a single-family residential use upon a parcel of real property, a portion of which consists of:
1. An undivided interest in a common area used for open space, recreational, parking, vehicular and pedestrian circulation by residences of the parcel;
2. Separate property interests owned by each family residing on the parcel.
The separate property interests may include:
1. Individual subparcels which comprise building areas only or building areas plus private yards or atria; or
2. Separate property interests in space in a residential building on the parcel; or
3. Both types of separate property interests enumerated above.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

19.44.040 Permitted, Conditional and Excluded Uses.

Permitted, Conditional and Excluded Uses that may be conducted from property zoned single-family cluster (R1C), are identified in Section 19.20.020.

(Ord. 2085, § 2 (part), 2011)

19.44.050 Site Development Regulations.

Table 19.44.050 sets forth the rules and regulations pertaining to the development of property zoned single-family residential cluster (R1C).

19.44.060 Specific Development Standards.

Table 19.44.060 sets forth the rules and regulations pertaining to the development of buildings on property zoned single-family residential cluster (R1C).

19.44.070 Changes after Granting of a Cluster Zone.

Table 19.44.070 sets forth the regulations pertaining to changes proposed to existing developments in single-family residential cluster (R1C) zones.

19.44.080 Exceptions–Findings.

The requirements of this chapter can be waived or modified, with an Exception application, if the Planning Commission and City Council make any one of the following findings:

Although one or more specific standards cannot be complied with because of property size constraints, existing building morphology, topographical problems, or other conditions beyond the control of the property owner/developer, the proposed project substantially complies with the general standards contained within this chapter;
That the proposal provides for low-moderate income and senior citizen housing in a manner consistent with the housing element of the General Plan.

(Ord. 2085, § 2 (part), 2011)

Table 19.44.050: Site Development Regulations

A. Initiation of Zoning
1. By property owner	In accord with the requirements of Chapter 19.12 and Chapter 19.152 and application must include a development plan as described in Section 19.44.050(H).
2. City Council or Planning Commission	May be initiated when it is determined that this type of zoning designation will allow development that will preserve or enhance land features and vegetation such as stream courses and groves of specimen trees, historic buildings, and unique scenic vistas, and will enhance older neighborhoods which have undeveloped properties which have an access problem or a parcel configuration which precludes development utilizing conventional street and lot standards. A development plan is not required.
B. Density
1. Total Density	The total number of dwelling units per gross acre shall be defined by the density provisions of the current land use and housing elements of the General Plan.
2. Density Range and allowable density	Where a density range is designated, the allowable number of dwelling units shall be determined based upon the following criteria: The relationship of the proposed development to the development character of the immediate neighborhood; The impact of the proposed development on physiographic factors of the site, such as slope steepness, geologic stability, and vegetation; The impact of the proposed development on community, utility and social services such as sanitary sewer, storm drain, water, fire and police emergency services, and schools; The impact of the proposed development on the capacity of the neighborhood street system; The quality of the project design relative to building location, design, and materials and the livability of the dwelling units for its future residents. The performance standards contained within this chapter shall provide a means to measure the livability of the dwelling units; The relationship of the proposed development to the housing goals contained within the housing element of the General Plan.
C. Allowable Units in Areas Delineated as Hillside in General Plan
1. Maximum Number of Dwelling Units	Maximum number of dwelling units permitted in a cluster development shall be calculated in accordance with slope-density formulas and/or other mechanically or mathematically approved methods to determine dwelling unit intensity as outlined by the General Plan.
D. Land Area for Density Calculation
	The land area utilized to compute the maximum allowable number of dwelling units shall be the gross size of the property less: Non-street areas which have been, or will be required to be dedicated or acquired, in fee, for public purposes such as flood control and water conservation, parks, and public schools; Areas on the site which cannot legally or physically be utilized for building or recreations uses, e.g., areas directly underneath transmission towers or areas containing easement rights which prohibit use of the land.
E. Private Outdoor Space
1. Required	Shall be provided for each unit.
2. Amount of Space	Shall be determined in each case by the size of the unit, type of tenure and amount of open space.
F. Visual Intrusion	The relationship between adjoining units shall be designed in such a manner so as to preclude visual intrusion into private outdoor yards or interior spaces.
G. Noise Impacts	If the Director of Community Development determines that an excessive external noise source shall exist in the project area, the developer shall retain an acoustical engineer to evaluate the noise impact on the proposed residential development and develop mitigation measures. The construction system shall comply with applicable City ordinances relative to sound-transmission control to ensure acoustical privacy between adjoining dwelling units.
H. Development Plan Contents
1. Content	Information required pursuant to Title 18, Subdivision.
2. Common Area	Common area that is to be maintained and controlled by the owners of the property and their successors in interest, but is to be available for the recreational and leisure use of the occupants of the cluster development;
3. Grading Plan	A grading plan describing existing contours and finish grading in relation to the proposed building program. The plan shall contain complete cross-sections.The grading plan shall denote the location of all native trees over four inches in diameter and the impact of the grading plan on such trees;
4. Public Areas	Parcels of land intended to be dedicated or reserved for public parks, playgrounds, school sites, or otherwise dedicated or reserved to the public in general;
5. Street System	A map showing the proposed system of public and private streets, including cross-sections for all types of streets;
6. Adjacent Properties and Uses	Description of immediately adjoining land use types, including location of structure;
7. Architecture	The architectural theme of the development and the location of buildings, building configurations, building heights, building square footages, fence lines, private patio and balcony areas, and lot lines. A coding system shall be used to delineate unit types relative to number of stories and number of bedrooms. A land use distribution table shall be prepared setting forth the net property size and the land area devoted to various land use activities.

(Ord. 2085, § 2 (part), 2011)

Table 19.44.060: Specific Development Standards

A. Minimum Development Area for Residential Cluster Zoning District	No minimum.
B. Minimum Setbacks
1. Corner lot	25 feet. However, the 40 foot corner triangle shall remain free and clear of all buildings or portions thereof.
2. Units adjacent to development boundary	Same setbacks as required in the adjacent zones.
3. Second Story Decks and Patios
i. Front Yard	May encroach three (3) feet into a required front yard setback
ii. Side Yard	15 feet
iii. Rear Yard	20 feet
C. Height
1. Buildings	30 feet
2. Increases in Height	Shall be permitted if the Planning Commission or City Council determines that such height increase will not have an adverse impact upon the immediately adjacent neighborhood. Generally, units immediately adjacent to the development area boundary shall not exceed the height of existing dwelling units adjacent to the development area.
D. Site Design
1. Front Entryway	Shall be private by either orientating them in a different direction from adjoining units, by utilization of an enclosed patio, by utilization of wing walls, by utilization of a recessed foyer, or through other design techniques.
2. Pedestrian Walks	All dwelling units (and buildings containing condominium units) shall be interconnected by pedestrian walks fully separated from moving vehicles.
3. Access to Common Open Spaces	Each unit shall have direct access to common open spaces.
4. Family-oriented planned residential communities	Playfields shall be incorporated into common open space to accommodate group play activities.
5. Sitting Areas/ Tot lots	Small sitting areas or tot lots shall be provided throughout each project to provide informal meeting space.
E. Streets
1. Standards	Pavement, curbs, gutters, storm drains, and water mains of the private street shall be constructed to the standards of City streets, subject to the approval of the City Engineer.
2. Modifications to Standards	May be permitted by the City Engineer when recommended by a licensed engineer.
3. Minimum Width	24 feet curb to curb, with curb and gutter on both sides of the street.
4. Sidewalks	Shall be a minimum of 4 feet 6 inches in width
5. Easements
a. Public Service Easement	Roadways of the private street, plus a five-foot-wide strip on either side of the street shall constitute a public service easement.
b. Other Easements	Other public service or utilities easements may be incorporated into the development plan.
6. Lighting Intensity	Private streets and major walkways shall be lighted to an intensity approved by the City Engineer.
7. Type and Location of Electroliers	Shall be approved by the Planning Commission.
8. Street Names and Address Numbers	Shall be approved by the Building Department in coordination with the Postmaster, the Fire Department and County Communications Office.
9. Bicycle Circulation System	Shall be incorporated into the project design in a manner which, to the greatest degree possible, separates bicycle movements from motor vehicles and pedestrians. This system shall be designed to interface with the existing and planned City-wide bicycle systems.
10. Conformance with Vehicle Code	The owner of the development will be required to participate in the initiation of a City ordinance update to Chapter 11.26, to make the private streets subject to the Vehicle Code, under the provisions of Section 21107.7 of the Code, the provisions of such ordinance to be subject to the approval of the enforcing agency.
11. Fire Truck Turnaround	Adequate turnaround space shall be provided at the termini of the private streets subject to the approval of the Fire District.
F. Improvements and Covenants for Common Area
1. Completion/Bonding	Improvement of the common areas shall be completed by the developer and shall be subject to bonding and other procedures in the same manner as required for street improvements by Title 18, Subdivision.
2. Deeded to Homeowners Association	The common areas shall be deeded to an association of the homeowners for whose benefit the common area is set aside.
3. Development Rights	Shall be dedicated to the City prior to recordation of a final subdivision map to assure that the common area is available for the entire development.
4. Maintenance	a. Shall be the responsibility of the homeowners association to which the common areas are deeded. b. In the event the private road, driveways, parking areas, walkways, landscaping or buildings are not maintained to applicable City standards, the City may, after notice and advertised public hearing, effect the necessary maintenance, with the cost to be a lien on the property.
5. Declaration of Covenants, Conditions and Restrictions	Shall be reviewed by the City Attorney, prior to recordation, to determine its compatibility with the intent and conditions as set forth herein.
6. Articles of Incorporation and Other Instruments Related to Homeowners Association	Shall be subject to the review and approval of the City Attorney.

(Ord. 2085, § 2 (part), 2011)

Table 19.44.070: Changes after Granting of a Cluster Zone

A. Minor Change (does not include increase in number of dwelling units)

May be approved with a building permit if the City Planner makes the following finding that:

The changes are minor and do not affect the general appearance of the area or the interests of the owners of property within or adjoining the development area.

B. Major Change

(Ord. 2085, § 2 (part), 2011)