A. Del Rey Oaks is primarily a residential city endowed overall with plant life and oak trees. Thirty-four acres of such land was deeded to the city upon incorporation for recreation purposes only. The city desires to maintain these qualities by adoption of a multiple family, density and design control zone.

B.

The purpose of adding this zone classification to the present city of Del Rey Oaks' zoning ordinance is to control the subdividing of open land so designated within the present city limits by approving only certain types of multiple family dwellings with controlled density, designed lot areas, and architectural treatment as provided herein.

(Prior code § 11-205-A-1)

This chapter is designed to specifically cover those parcels designated "D" zone or district.

(Prior code § 11-205-A-2)

No uses are permitted in the "D" zone without a use permit. The following uses are permitted in the "D" zone subject to first securing a conditional use permit:

1.

Common-interest subdivisions (including condominiums and planned development townhouses) exceeding a density of five units per gross acre to a maximum density of 18 units per gross acre designed to provide an optimum of open space and similar amenities which will enhance the living qualities of the development and will promote, insofar as compatible with the intensity of land use, a suitable environment for family life;

2.

Private swimming pools, exclusively for the use of residents and guests;

3.

Other recreational uses exclusively for the use of residents and guests, and which are compatible with the purposes of the "D" zone;

4.

Private garages, parking areas, and other accessory buildings and accessory uses appurtenant to any permitted use.

(Prior code § 11-205-A-3)

The following property development standards shall apply to all lands and buildings in the "D" zone:

A.

Right-of-Ways. Public right-of-ways, with minimum width of 28 feet, shall be offered for dedication by the applicant. Private right-of-ways, with a minimum width of 28 feet, shall be maintained by the owners of the project. Improvements shall meet the objectives of the city in regard to construction location, adequate ingress and egress for normal flow of traffic (including emergency vehicles).

B.

Green Belts and/or Open Spaces. The "D" zone may contain common green belts and/or open spaces (such as Parcels A and B as indicated in the general plan) other than those specified in subsection (D)(3). Such common green belts and/or open spaces are hereby encouraged. These areas may be dedicated to the city for park and recreational uses, or may be retained under the ownership, maintenance and control of a homeowners' association; and shall be restricted against any improvements, except recreational improvements and accessory buildings as approved by the city.

C.

Standards for "D" Zone.

1.

Off-street Parking. Off-street parking shall be required, subject to the following standards: The number of parking spaces required shall be not less than 1.75 spaces for each studio, one bedroom and two bedroom dwelling unit, and not less than two spaces for each dwelling unit of three bedrooms or larger. One parking space for each dwelling unit shall be in a garage or carport. Carports my be allowed where the open portions of carports are not visible from a public street, and provided each carport has adequate cabinet or closet storage space. Each off-street parking space shall have an area of not less than 180 square feet exclusive of access drives or aisles, and shall be of usable shape and condition. There shall be adequate provision for ingress and egress to all parking spaces. No curbside parking shall be permitted, but this shall not be construed to exclude such interspersed parking bays as my be approved by the planning commission in connection with the design review of a specific project.

D.

Lot Area and Dimensions.

1.

Lot Area. The minimum lot area shall be 14,000 square feet. The minimum lot width shall be 80 feet, and the minimum lot depth shall be 100 feet.

2.

Area Per Dwelling Unit. The minimum lot area per dwelling unit shall be 1,500 square feet.

3.

Usable Open Space. The minimum usable open space per dwelling unit shall be 400 square feet.

4.

Yards.

a.

Front Yard. There shall be a front yard of at least 20 feet.

b.

Side Yard. There shall be a side yard of at least seven feet, which shall be increased at the rate of two feet per story for each story over one contained in a multiple family dwelling. Where any multiple dwelling or dwelling group is arranged so as to have a rear entry opening into a side yard, said side yard shall be no less than nine feet and the side yard upon which said dwelling fronts shall be not less than 20 feet.

c.

Rear Yards. There shall be a rear yard of at least 15 feet except as otherwise provided for accessory buildings.

5.

Building Height. No principal building shall exceed either three and one-half stories or 35 feet in height and no accessory building shall exceed one story or 15 feet in height.

6.

Lot Coverage. Fifty percent of the lot area is the maximum which may be covered by all buildings and/or structures located thereon.

E.

Use Permit Procedure. Multiple-family projects pursuant to Section 17.16.020 shall require a conditional use permit granted by the planning commission. An application for a conditional use permit shall include a site plan and a topographic map, together with such additional information, as may be requested by the planning commission in sufficient detail to enable the planning commission to determine that the project fulfills the following objectives of the "D" zone:

1.

That the buildings and roads are sited so as to be compatible with existing topography and vegetation, and so as to minimize grading and removal of trees;

2.

That circulation, including streets, driveways and parking areas are designed and located so as to provide for safe, efficient, and convenient movement of vehicles and aesthetically pleasing parking;

3.

That open spaces are designed and located so as to provide the maximum feasible amount of open space usable for active and passive recreation, and so as to provide visual screening from surrounding areas;

4.

That open space areas, other than those proposed to remain in a natural condition, are adequately landscaped and that adequate provision is made for the continual maintenance of such landscaping in a healthy and weed-free condition;

5.

For any development that is considered for this zone, the city shall require a fiscal impact study done by an independent economist to assess the project's projected demands for services and the fiscal impacts of the project upon the city's finances, with the cost of same to be paid by the owner or developer.

(Prior code § 11-205-A-4)