This chapter establishes the city's planned residential development zones, including permitted uses and physical development standards.

(Ord. 3229 (part), 2016).

   The following planned residential development zones are established:

   A.   PRD (planned residential development) is intended to provide development standards for dwelling units in hillside and other areas to provide common open space, recreational areas and/or conservation of natural terrain. PRD is also intended to implement the Greenbelt Concept of the Fullerton General Plan. Sections 15.20.010 through 15.20.090 pertain to the PRD classification.

   B.   PRD-I (planned residential development - infill) is intended to provide development standards for vacant or underutilized sites which may be located within existing residential neighborhoods or on sites identified in the General Plan as appropriate for residential development. PRD-I also includes opportunities for non-residential development on the ground floor in certain areas. Sections 15.20.110 through 15.20.160 pertain to the PRD-I classification.

(Ord. 3229 (part), 2016).

   A.   The PRD zone is intended to minimize grading and facilitate development in hillside and other areas, where achieving a higher unit density under the existing zoning and traditional development patterns would normally result in the loss of natural terrain or other important site features.

   B.   The PRD zone utilizes flexible development standards that permit smaller individual lots and clustering of dwelling units, which in turn facilitates the conservation of natural terrain and other important site features such as common open space and recreational areas. It is not the intent of the PRD zone to provide a means for obtaining densities significantly higher than those that could be obtained by conventional zoning on the same land.

   C.   The PRD zone is also intended to implement the Greenbelt Concept of the Fullerton General Plan for those PRD-zoned sites located in the Greenbelt Concept areas.

(Ord. 2982, 2001).

   Uses in the PRD zone shall be limited to the following:

   A.   Dwelling units:

   Attached and detached dwelling units with open space and/or recreational areas.

   B.   Accessory buildings and structures:

   Accessory buildings and structures, including private garages, work sheds, noncommercial greenhouses, patio covers and additions, with their location subject to the approval by the Director of Development Services.

   C.   House pets with the following provisions:

      1.   In detached single units, any combination of dogs and cats, not to exceed four adult animals, four months of age or older.

      2.   In attached duplex or cluster units, one dog and one cat (or two of either) not to exceed two adults, four months of age or older.

      3.   Fish and birds excluding livestock and exotic varieties as defined by Subsection 15.17.030.K of this title.

      4.   This section shall not take precedence over a more restrictive management or association agreement/regulation regarding the keeping of animals.

   D.   Home businesses as defined in Chapter 15.04 of this title.

   E.    In detached single units only, a Small Family Child-Care Home as defined in Chapter 15.04 of this title and as regulated by California Health and Safety Code.

   F.   Swimming pools, tennis courts, clubhouses and similar recreational facilities for the sole use of the occupants of the PRD and their guests.

   G.   A Type VII retirement complex as defined in Chapter 15.04 of this title. Whenever the PRD zone and the accompanying concept plan for such a complex are approved, the property involved shall be designated on the official Zoning Map with an "LC: (Life Care)" suffix; i.e., PRD-LC. Notwithstanding Section 15.20.050 of this chapter, the development standards of parking and density for a retirement complex are specified in Chapter 15.55 of this title. Open space provisions shall be evaluated at the time of concept plan review.

   H.   Residential beekeeping as defined by Subsection 15.17.030.S of this title.

(Ord. 3255 § 6, 2018; Ord. 2982, 2001).

   The following temporary uses shall be permitted in the PRD zone, for a period not to exceed 90 days after the sale of the last unit in the PRD:

   A.   One temporary tract sales office and temporary parking areas for contractors' equipment, with the location subject to approval by the Director of Development Services.

   B.   Agricultural nurseries, as an interim use for the cultivation of landscape materials within the boundary of the concept plan.

   C.   Real estate signs relating to the sale, lease or other disposition of the real property on which the sign is located. Real estate signs shall conform to the provisions of Chapter 15.49 of this title.

(Ord. 2982, 2001).

   A.   The unencumbered, fee simple title and ownership of all common open space, easements, and recreational areas or facilities in a PRD shall be conveyed and transferred to an independent Homeowners' Association structured as a California nonprofit mutual benefit corporation. The primary objective of the Homeowners' Association shall be the permanent retention and maintenance of the common open space, recreation and other common areas and facilities for the continued common use of the owners and occupants of the development, as required by this chapter.

   B.   Each Homeowners' Association created for the purpose of this subsection shall be established by procedures and documents approved by the City Attorney at the time of, and as a condition of the approval for, the PRD concept plan.

   C.   Each dwelling unit in a PRD shall be irrevocably attached to one membership in the Homeowners' Association. Each membership shall be transferred with, and to the recipient of, each conveyance of its associated dwelling unit. The total number of memberships shall be equal to the total number of dwelling units. No one shall be a member of the Homeowners' Association except an owner of a dwelling unit in the PRD, and each owner shall be a member.

   D.   Owners and occupants of any dwelling unit in a PRD shall have, during the ownership or occupancy thereof, the right to use all of the common spaces, areas and facilities.

   E.   Each Homeowners' Association shall establish procedures and documents to enforce the payment of assessments or liens that may be levied by the Homeowners' Association or the city.

(Ord. 2982, 2001).

   A.   For a residential development located within a Greenbelt Concept area, the PRD zone is intended to implement the goals and policies of the Greenbelt Concept designation in the Land Use Element of the Fullerton General Plan. This concept states, in part, as follows:

   "Residential development is to be designed in such a way as to limit the amount of grading required, employ contour grading where grading is necessary, be unobtrusive as viewed from the open spaces and surrounding areas, and contain those amenities that contribute to a feeling of open space. Such amenities could include large lots, small lots with large common areas, low densities, open recreational areas, internal greenbelts and trails, and other similar aesthetic treatments."

   B.   In accordance with the Greenbelt Concept, a PRD located in the General Plan Greenbelt Concept area will fall into one of the following three categories:

      1.   Single-family Greenbelt.

      Single-family Greenbelt includes developments of single-family detached dwelling units on lots of varying sizes. Internal open spaces in the form of greenbelts, trails and common recreational areas are provided with many of the privately owned facilities (see Figure 9A).

(Ord. 2982, 2001)

   A.   General. The development standards listed below apply to any PRD.

      1.   Lot area:

      Lots in a PRD zone are exempt from the minimum lot area and width requirements of this title; however, there shall be a ground lot for each dwelling unit.

      2.    Density:

         a.   The density of a PRD zone shall be determined at the time of concept plan approval in accordance with Section 15.20.080 of this chapter.

         b.   In all cases the concept plan must be compatible with the topography of the site, the surrounding area, the General Plan, and Specific Plan if applicable, so that the common open space and recreational area and the enclosed private outdoor space provide adequate benefit to the occupants of such developments. Where applicable, the concept plan shall also be consistent with the Greenbelt Concept of the General Plan.

         c.   In cases where the site involves significant topographic variation, the Planning Commission and/or City Council may require an example of a conventionally-designed project using the existing or surrounding zoning on the site in order to evaluate what density would realistically be obtainable on the site under conventional zoning.

      3.    Permissible site coverage:

         a.   The maximum area that may be covered by dwelling units, parking areas, and interior driveways shall not exceed 60 percent of the net land area of the PRD. Net land area is defined as the gross land area minus any dedications or an easement that effectively prohibits construction in the easement area.

         b.   Remaining oil production facilities, when shown as open space on the concept plan in accordance with Section 15.20.080 of this chapter, shall remain common open space in perpetuity and shall be so specified in a Development Agreement.

      4.    Setbacks:

         a.   When the PRD has a common property line with another residential zone, the buildings in the PRD zone shall be set back at least 20 feet from the common property line.

         b.   A setback for a building in a PRD zone with ground floor line elevations lower than the ground floor line elevations of buildings on adjacent residential property may be reduced one-half foot for each foot difference in the ground floor line elevations.

         c.   When the PRD has a common property line with a non-residential zone or with land specified as private common open space, a building on the PRD-zoned lot shall be set back at least 10 feet from the rear property line and shall be set back at least 5 feet from the side property line.

         d.   All buildings in a PRD zone shall be set back at least 15 feet from any perimeter public right-of-way. Perimeter walls shall be set back at least ten feet from any public right-of-way, and the intervening area shall be landscaped.

         e.   Open lattice patio covers shall be set back at least five feet from a side and rear property line.

         f.   The setback for a garage that faces an interior street shall be either less than ten or more than 20 feet from the back of sidewalk (or curb face where there is no sidewalk).

         g.   The Director of Development Services may waive setback restrictions for an accessory structure from a property line with a common area lot.

      5.    Height:

         a.   The height of the buildings shall be considered as part of the concept plan approval, subject to a maximum of two stories or 30 feet in height, except that a building constructed into hillside of greater than 20 percent slope may be a maximum of three stories or 40 feet in height.

         b.   A basement or garage with more than one-half of its height under natural grade as defined in Chapter 15.04 of this title shall not count as a story.

      6.   Acoustic analysis required:

      All residential developments shall be subject to an acoustical analysis as specified by Subsection 15.17.040.H of this title.

   B.   Specific standards for a Single-family Greenbelt development:

   The development standards listed below shall apply to Single-family Greenbelt developments and are in addition to those listed in subsection 15.20.050.A of this chapter.

      1.   Distance between buildings:

         a.   Single-family Greenbelt dwelling units on separate lots shall front on streets built to full city street standards.

         b.   Single-family Greenbelt dwelling units shall have minimum separations of 40 feet rear-to-rear, 30 feet side-to-rear, and ten feet side-to-side.

         c.   Specific locations of the homes on the lots may be altered from the approved concept plan, subject to the above criteria and the approval of the Director of Development Services.

      2.   Pedestrian access:

         a.   All dwelling units shall be connected to the common recreational areas and perimeter public streets by a pedestrian walkway system located, where possible, in separate greenbelts. Where a dwelling unit faces both sides of conventional streets, sidewalks shall be constructed on both sides of said streets. The entire sidewalk and walkway system shall be depicted on the concept plan and specifically approved.

         b.   A PRD of ten or less residential lots that meets or exceeds the minimum lot area of the preexisting and surrounding zoning of the site may have the pedestrian access requirements reduced or waived upon request to the Planning Commission and/or City Council as part of the concept plan approval process specified in Section 15.20.080 of this chapter.

      3.   Open space:

         a.   Every project shall have a minimum of 800 square feet of usable open space per dwelling unit, plus an additional 200 square feet of usable open space for each bedroom over one in said dwelling unit.

         b.   At least 40 percent of the total required usable open space shall be in common in accordance with the definition and limitations contained in Subsection 15.17.040.E of this title with the exception that one area of common usable open space of at least 10,000 square feet shall be provided in a primary common recreational area. Multiple common open space recreational areas shall be dispersed throughout the project.

         c.   Remaining usable open space shall be distributed on individual lots in the form of fenced yards, patios, decks, balconies and similar outdoor areas.

         d.   A PRD of ten or fewer residential lots that meets or exceeds the minimum lot area of the preexisting and surrounding zoning of the site may have the common usable open space requirement reduced or waived upon request to the Planning Commission and/or City Council as part of the concept plan approval process specified in Section 15.20.080 of this chapter.

      4.   Floor/area ratio:

      The total floor area, including garages and lofts of all dwelling units proposed in any phase of a PRD, shall not exceed .5 the total net area of the lots on which the dwelling units are proposed. However, lots adjacent to, or within 500 feet of and having direct access (without the necessity of crossing any streets) to a common developed recreational area or a separated walkway/greenbelt system leading to a common developed recreational area may be developed up to .6 of the total net lot area. A common developed recreational area means an area at least 10,000 sq. ft. and improved with a combination of passive and active recreation for the enjoyment of the residents of the PRD.

   C.   Specific standards for a Detached Cluster development.

   The development standards listed below shall apply to a Detached Cluster development in addition to those listed in Subsection 15.20.050.A of this chapter.

      1.    Distance between buildings:

         a.   Detached Cluster dwelling units shall have minimum separations of 40 feet rear-to-rear, 30 feet side-to-rear, and ten feet side-to-side.

         b.   Specific locations of the dwelling units on the lots may be altered from the approved concept plan, subject to the above criteria and the approval of the Director of Development Services.

      2.    Pedestrian access:

      All dwelling unit clusters, and all dwelling units on linear, non-cluster streets, shall be no further than across the cluster or across the street from a pedestrian walkway system connecting to the common recreational areas and perimeter public streets, and located, where possible, in separate greenbelts. The entire sidewalk and walkway system shall be depicted on the concept plan and specifically approved.

      3.    Private open space:

      A minimum of 500 square feet of private, enclosed and on-lot usable open space shall be provided for each dwelling unit in the form of fenced yards, patios, decks, balconies and similar outdoor areas. Countable private open space areas must have a minimum dimension in any direction of at least ten feet except that decks and balconies that are six feet or more in depth may be counted as private open space.

      4.    Common open space:

         a.   At least 33 percent of the total lot area of a Detached Cluster PRD project shall be provided as common usable open space, meeting the requirements of Subsection 15.17.040.E of this title.

         b.   Common open space shall not include any fenced oil production facilities.

         c.   The street setback along perimeter public streets may be counted as visual open space on a one-for-three basis, as described in Subsection 15.17.040.E of this title.

         d.   The required common open space shall enclose the development "clusters," provide pedestrian walkways and shall contain multiple recreational facilities which shall be dispersed to ensure nearby pedestrian access.

         e.   Two-thirds of all dwelling units must be directly adjacent to property with an Open Space (O-S) zone or adjacent to common usable open space with a direct pedestrian access way to the primary pedestrian walkway system.

   D.   Specific standards for an Attached Cluster development:

   The development standards listed below shall apply to an Attached Cluster development in addition to those listed in Subsection 15.20.050.A of this chapter.

      1.    Distance between buildings:

         a.   Dwelling units shall meet the separation criteria for the multiple-family residential zones, as specified in Section 15.17.070.B of this title, as a minimum.

         b.   Greater separations may be required on the concept plan, depending on the circumstances applicable to the specific project.

      2.    Pedestrian access:

      All dwelling units shall be either directly connected, or across the access way from, a pedestrian walkway system connecting to the common recreational areas and perimeter public streets, and located, where possible, in separate greenbelts. The entire sidewalk and walkway system shall be depicted on the concept plan and specifically approved.

      3.    Private open space:

      Each unit shall be provided with private open space as defined and required by Subsection 15.17.070.D of this title.

      4.   Common open space:

      A minimum of 800 square feet of common usable open space per dwelling unit, plus an additional 200 square feet for each bedroom over one, shall be provided. The usable open space shall be provided in accordance with the requirements and limitations of Subsection 15.17.040.C of this title.

   E.   Landscaping requirements:

      1.   All public right-of-way setbacks shall be landscaped except for pedestrian and vehicular access ways, parking areas, or other non-irrigated areas designed for non-development (e.g. existing native vegetation).

      2.   All open parking areas (e.g. non-structured, non-garage) shall be landscaped such that:

         a.   Planters with a total landscaped area equaling a minimum of 25 square feet per parking space, or 8% of the square footage of the open parking area, whichever is greater, shall be provided and distributed throughout the open parking area; and

         b.   Trees with a total shaded area (e.g. the area under the tree canopy or dripline 15 years after installation) equaling a minimum of 50% of the square footage of the open parking area shall be provided and distributed throughout the open parking area.

      3.   Landscaping and irrigation shall be provided for landscaped areas pursuant to Chapter 15.50 for the following:

      4.   The governing documents of a common interest development (e.g. community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351) shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group or restricting compliance with a local water-efficient landscape ordinance or water conservation measure.

   A.   Parking requirements are based on the number of bedrooms per unit as indicated in Table 15.20.060.A.

   B.   Two-garage driveway spaces (where there is at least 20 feet from back of sidewalk to the garage door) may be substituted for one-half of an open guest space, on a unit-for-unit basis.

 

 

   C.   Parking on private streets may count towards the guest-parking requirement where the street width and driveway locations so permit. Parking on entry drives shall be avoided.

   D.   As part of the concept plan submittal, a parking plan showing all required parking, and the relationship between the open guest parking and the dwelling units to be served shall be submitted.

   E.   Definitions and dimensional standards for parking are found in Section 15.17.080 of this title.

   F.   Notwithstanding the provisions of Subsection 15.17.080.E of this title, tandem garage spaces (for the third garage space and more only) may be considered in the PRD zone only as part of an overall evaluation of the concept plan. All garage parking spaces shall have a minimum unobstructed interior dimension of ten feet wide and twenty feet long. In evaluating the tandem garage space proposal, special attention shall be paid to overall parking availability, the developer's dependence on the tandem garage parking spaces to meet the required number of garage spaces for the development and to what degree the tandem garage spaces impact the overall concept plan.

(Ord. 2982, 2001)

   A.   Vehicular access:

   Vehicular access to each residential dwelling unit shall be provided by either a public right-of-way or a private vehicular way owned by the individual lot owner in fee or in common ownership with the owners of dwelling units in the PRD. Dwelling units shall not have individual vehicular access onto arterial highways. Access and circulation shall adequately provide for fire-fighting equipment, furniture moving vans, refuse collection and deliveries.

   B.   Streets:

      1.   Prior to the issuance of any building permits, all public streets shall be dedicated and all public improvements shall be installed, or assured by an improvement security as required by Title 16 for subdivision.

      2.   All private streets must be constructed to standards approved by the Director of Engineering to ensure against premature deterioration and excessive maintenance cost, and shall be constructed to widths meeting city standards unless the goals and objectives of the city can be met by other means.

      3.   A private street shall have a minimum travel width of 28 feet where no parking is permitted, 32 feet where parallel parking is permitted on one side of the street and 36 feet where parallel parking is permitted on both sides of said private street. Exceptions to these standards may be granted in special cases such as a one-way street, single-loaded street, or a street serving five or less dwelling units. All widths are measured curb face to curb face.

   C.   Gated entry standards:

      1.   Gated entry access, when proposed as part of a PRD, shall be part of the concept plan approval.

      2.   A proposal to add gated entry access to an existing PRD shall be subject to the review and approval of the Zoning Administrator. Special attention shall be placed on access width, turnaround areas, stacking distance, emergency vehicle access, pedestrian entries, communication devices and lighting. The decision of the Zoning Administrator may be appealed pursuant to Chapter 15.76 of this title.

(Ord. 3131 (part), 2009; Ord. 2982, 2001)

   A.    In order to evaluate the merits of a proposed PRD zone, a concept plan shall be submitted along with the requested zone change (if applicable) pursuant to Chapter 15.76 of this title.

   B.   The concept plan shall include the following:

      1.   Location of all units, accessory buildings, recreation facilities, streets, walks, landscape concepts and any special features.

      2.   Number of units, and number of bedrooms, density per net acre, percentage of open space, usable open space per unit, parking ratios and other such statistical data as is necessary to evaluate the project.

      3.   Land contours both before and after grading along with proposed slope areas and landscaping concepts and recreational facilities.

      4.   Dimensions where necessary for clarity, such as width of streets, and separation of buildings, along with elevations and floor plans sufficient to determine window locations affecting the separation criteria specified herein.

   C.   The proposed PRD zone, together with the accompanying concept plan and the supporting tract map, shall be subject to the approval of the City Council.

   D.   Upon approval by the City Council of a PRD zone, the Director of Development Services may issue building permits, assuming all other requirements of the Fullerton Municipal Code are met, when the building permits reflect a plan that is in substantial compliance with the concept plan. The Director may approve minor revisions to the concept plan if the revisions result in a better plan.

   E.   Following the initial completion of a PRD, any new construction shall require the approval from the Homeowners' Association prior to approval by the city.

(Ord. 2982, 2001)

   The division of property in a PRD zone into individual lots shall be made as prescribed in Title 16 for subdivision.

(Ord. 2982, 2001)

   A.   The PRD-I zone is intended to provide standards for infill development on sites less than 40 acres in size.

   B.   Development under the PRD-I zone is predominately residential in nature.

   C.   Development standards are established based on the type of street or streets on which the site is located and utilize a combination of Building Types and Frontage Types to ensure a quality development compatible with its surroundings.

   D.   Street Types are based on Roadway Classifications established by the City's General Plan.

(Ord. 3229 (part), 2016).

   A.   The following uses identified in Table 15.20.120.A are permitted in the PRD-I zone. "P" designates that the use is permitted.

 

   A.   The following standards identified in Table 15.20.130.A shall apply to PRD-I zoned development as follows.

   B.   Building Types shall be in accordance with Chapter 15.10.

   C.   Frontage Types shall be in accordance with Chapter 15.12.

 

 

   A.   The following standards identified in Table 15.20.140.A shall apply to PRD-I zoned development for buildings, including attached garages, as well as parking areas. Table 15.20.140.B applies to detached garages.

 

 

   A.   The following standards identified in Table 15.20.150.A shall apply to PRD-I zoned development.

 

 

   A.   Proposed construction in any PRD-I zone is subject to review as a Site Plan pursuant to process and procedures established in Title 15.

(Ord. 3229 (part), 2016).