10 - RESIDENTIAL DISTRICTS1
Editor's note—Ord. No. 264, § 11, adopted June 12, 2012, changed the title of Chapter 18.10 from "RH, R1, R2, R3 and R3-S Residential districts" to "Residential districts."
The residential zones contained in this Chapter are intended to carry out the goals and objectives of the community's general plan, with respect to residential uses. These goals and objectives are to be achieved through the following purposes established for the residential zones:
A.
To provide for development in accordance with the general plan;
B.
To promote the most appropriate and efficient use of the land while providing a variety of housing opportunities to the community;
C.
To promote a compatible relationship between residential, commercial and other types of land uses located in the community;
D.
To promote the public health, safety and welfare through encouraging the appropriate type and size of development for the community;
E.
To manage development with respect to its type, size and location in order to prevent harmful encroachment of disruptive development into the community's residential neighborhoods.
(Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
The following districts are designed to implement the goals and objectives of the general plan. Each district contains specific land use regulations and density ranges for development.
A.
RH, Hillside Residential District. This district is intended for very low density single family residential development with a maximum retention of open space. It is located in the portions of the City identified in the general plan's master environmental analysis as having severe development limitations related to topography and soil conditions. The maximum density allowed in this district is one dwelling unit per gross acre.
B.
R1-20, Very Low Single Family Residential District. This district is intended for very low density single family residential use. The minimum lot size is 20,000 square feet with a maximum density of two dwelling units per gross acre.
C.
R1-10, Low Density Single Family Residential District. This district is intended for low density single family residential use. The minimum lot size is 10,000 square feet with a maximum density of four dwelling units per gross acre.
D.
R1-7.2, Single Family Residential District. This district is intended for single family residential use. The minimum lot size is 7,200 square feet with a maximum density of five dwelling units per gross acre.
E.
R2, Low Medium Density Residential District. This district is intended for single family residential use and low density multiple family development. The minimum lot size is 10,000 square feet with a maximum density of nine dwelling units per gross acre.
F.
R3, Medium Density Residential District. This district is intended for medium density multiple family development. The minimum lot size is 12,000 square feet with a maximum density of 12 dwelling units per gross acre.
G.
R3-S, Medium Family, Senior Citizen. This district is intended for the development of senior citizen housing. The maximum density shall not exceed 20 units per acre. The development standards shall be established through specific plan process.
H.
R3-20, Medium High Density Residential District. This district is intended for higher density multiple family development, which may include affordable housing. The minimum lot size is 12,000 square feet with a maximum density of 20 units per acre.
I.
R3-24, High Density Residential District. This district is intended for high density multiple family development, which may include affordable housing. The minimum lot size is 12,000 square feet with a minimum density of 20 units per acre and a maximum density of 24 units per acre.
(Ord. No. 298, § 8, 10-11-2016; Ord. No. 264, §§ 12, 13, 6-12-2012; Ord. No. 231, § 1(Exh. D), 9-11-2007; Ord. 126 § 2, Exh. A(part), 1990)
Uses listed in Table 18.10.030 shall be allowed in one or more of the residential districts as indicated in the columns below each district heading. Permitted uses are indicated by the letter "P" while the letter "C" indicates uses which require a conditional use permit.
TABLE 18.10.030
LAND USE REGULATIONS
(Ord. No. 359, § 6, 8-13-2024; Ord. No. 338, § 13, 5-24-2022; Ord. No. 336-U, § 16, 1-25-2022; Ord. No. 298, § 9, 10-11-2016; Ord. No. 264, §§ 14, 15, 6-12-2012; Ord. No. 231, § 1(Exh. D), 9-11-2007; Ord. 199 §§ 4, 5, 2002; Ord. 126 § 2, Exh. A(part), 1990)
The site development standards established for each residential district are as shown in Table 18.10.040.
TABLE 18.10.040
SITE DEVELOPMENT STANDARDS
Footnotes:
(Ord. No. 325, § 4(Exh. 1), 5-28-2019; Ord. No. 298, § 10, 10-11-2016; Ord. No. 264, §§ 16, 17, 6-12-2012; Ord. No. 231, § 1(Exh. D), 9-11-2007; Ord. 146 § 1(part), 1993; Ord. 126 § 2, Exh. A(part), 1990)
The provisions of Chapter 18.60 shall apply in determining the number of parking spaces that must be provided for each use located in a residential district.
(Ord. 126 § 2, Exh. A(part), 1990)
The portions of Chapter 10.16 shall apply in all residential districts.
(Ord. 126 § 2, Exh. A(part), 1990)
The provisions of Chapter 18.80 shall apply in all residential districts.
(Ord. 126 § 2, Exh. A(part), 1990)
The provisions of Chapter 18.63 shall apply in all residential districts.
(Ord. 126 § 2, Exh. A(part), 1990)
A.
Purpose. The purpose of this Section is to provide a process for approving a planned residential development that is intended to:
1.
Allow for flexibility and creativity in the development of infill lots otherwise constrained due to lot size, configuration and/or surroundings;
2.
Provide a method whereby land may be designed and developed as a unified site by taking advantage of efficient site planning techniques thereby resulting in a more efficient use of land, a better living environment, excellence of design, and related enhanced amenities than is otherwise possible through strict application of the development standards of the underlying zoning classification;
3.
Ensure development that meets high standards of environmental quality, public health and safety, the efficient use of the City's resources, and the purpose, intent, goals, policies, actions, and land use designations of the General Plan, and any applicable specific plan.
B.
Applicability.
1.
Permitted Zones. A planned residential development shall be permitted on those parcels identified, within the R2—Low Medium and R3—Medium Density Residential Zone districts. As determined by the Planning Commission on a case by case basis, a planned residential development may be proposed on any site other than those listed in subparagraph "a.", provided that it meets the applicability requirements of this section.
a.
A planned residential development may be proposed on the following properties: Assessor's Parcel Numbers: 0275-191-15, 0275-211-09, 0275-211-58, 0275-251-04, 0276-202-74, and 1167-341-078.
2.
Minimum Site Area. A planned residential development may only be requested for a site(s) with a minimum size of 22,000 net square feet.
a.
Net area shall mean the total horizontal area within the lot lines of a lot, excluding public or private easement, any street, drive aisle, or right of way area.
3.
Permitted Uses. A planned residential development project shall not authorize a use that is not allowed in the base zoning district.
C.
Development Standards.
1.
Density. Density within a planned residential development shall comply with the permitted density of the underlying zone district.
a.
The fractional/decimal results of calculations of the number of multiple housing units allowed within a land use zoning district shall be rounded down to the next lowest whole number. If a fraction is 0.55 or more, the Director may recommend the higher whole number to the Commission based on other development standards and regulations being met.
2.
Density Bonus. A density bonus, as shown below, may be considered by the Planning Commission, based on the merits of the project, including that all applicable development standards are met. Only one density bonus may be granted.
a.
Notwithstanding Subsection 2. above, a density bonus shall be granted for affordable housing developments in accordance with the density bonus provisions of Government Code Section 65915; or
b.
A 20 percent density bonus with evidence that the project can be certified in LEED for Homes; or
c.
A ten percent density bonus for construction of the project to meet or exceed more than a 20 percent increase in energy efficiency above Title 24 requirements or;
3.
Lot Coverage. Lot coverage shall not exceed 60 percent of the lot area. Lot coverage includes primary and accessory structures, covered patios and garages.
4.
Open Space. A minimum of 20 percent of the lot area shall be open and unobstructed. Paved areas, drive aisles, parking areas, private patios, or areas between structures less than ten feet in any dimension, shall not be counted towards open space. Twenty-five percent of open amenity areas may be counted toward the open space requirement.
5.
Private Open Space. A minimum of 250 square feet of private open space per dwelling unit shall be provided, with no dimension less than ten feet. Architectural elements with no habitable space may encroach into private open spaces.
6.
Amenities. Amenities may include a swimming pool, clubhouse, tot lot with play equipment, picnic shelter with barbeque area, basketball, tennis, or other recreational amenities. The type of amenities shall be approved by the Planning Commission. Amenities shall be provided as follows:
Note: Where a mix of attached and detached units is proposed, amenities shall be provided pursuant to this subsection.
7.
Height. 35 feet. Three-story structures shall not be permitted adjacent to any Single Family Residential zone or single family use.
8.
Circulation.
a.
Private streets shall be permitted only when a Homeowner's Association is established to maintain them.
b.
Private streets shall be built to public works construction standards.
c.
Street/Drive Aisle Width. A minimum of 26 feet, curb to curb with no on-street parking shall be provided. Where one-way access is proposed, the minimum width shall conform to County Fire standards.
d.
Two points of vehicular ingress and egress to a public street shall be provided. Except that for smaller projects or where the applicant can show that this is a physical impossibility, the appropriate fire authority may modify this requirement if the fire authority determines that emergency access is adequate for the project.
9.
Number of Attached Dwelling Units. Attached dwelling units shall not exceed eight units. Any building with six or more units shall provide a minimum two-foot variation along the building wall plane.
10.
Project Setbacks.
a.
Perimeter Setbacks.
i.
Front Yard: 20 feet.
ii.
Rear Yard: 15 feet.
iii.
Side Yard: Ten feet.
iv.
Street Side Yard: Ten feet.
b.
Attached units shall also adhere to the following setbacks:
i.
A minimum setback of ten feet from the curb face, except that a minimum driveway depth of 17 feet shall be provided.
ii.
A minimum of 15 feet between attached buildings.
c.
Small lot subdivisions shall adhere to the following standards:
i.
Minimum Lot Size: 3,500 net square feet.
ii.
Lot Coverage: 60 percent.
iii.
Front Yard Setback: An average of 18 feet, but no less than 16 feet.
iv.
Rear Yard Setback: 15 feet.
v.
Side Yard Setbacks: Five feet on one side yard and eight feet on the other side yard.
vi.
Zero Lot Line Setback: Shall apply to detached garages only.
vii.
Distance Between Detached Garage and Main Residence: Five feet.
11.
Parking. Parking shall be in accordance with Chapter 18.60 (Off-Street Parking), with the following exceptions:
a.
On-street parking may be credited towards guest parking, provided that a curb to curb street width or driveway width of a minimum of 33 feet is provided, with parking only on one side of the street.
12.
Storage and Trash Areas. All storage and trash areas shall be located within enclosed areas completely screened from public view. The enclosure shall follow current California Building Code accessibility requirements, as amended from time to time. A drain shall be installed and connected directly into the City's wastewater system, with approval from the City's Engineer. The storage and trash enclosure shall contain lockable front facing decorative metal doors and a side door, and a decorative metal roof or cover with screening to prevent illegal dumping. All decorative material shall be compliant with the City's objective design standards. Common storage and trash areas shall be within 200 feet of the dwelling served.
D.
Procedures.
1.
Planned residential developments shall be processed in accordance with Chapter 18.63 (Site and Architectural Review). The application shall include all of the information and materials specified by the Site and Architectural Review application, together with the required fee in compliance with the City's adopted fee schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F. of this Section (Findings and Decision).
2.
The application shall be accompanied by a tentative map that shall be filed and processed in accordance with Title 17 (Subdivisions) of the Municipal Code.
E.
Review Authority. The Commission may approve, conditionally approve, or deny a planned residential development, provided that the findings contained in Subsection F. of this Section (Findings and Decision), and in Chapter 18.63 (Site and Architectural Review), can be made.
F.
Findings and Decision. The Commission may approve or conditionally approve a planned residential development only after first making all of the findings contained in Section 18.63.060 (Approval Process) and the following:
1.
The development includes only uses allowed within the base zoning district.
2.
The development is compatible with other development within the zoning district and general neighborhood of the proposed project.
3.
The project would produce a development of higher quality and greater excellence of design than that might otherwise result from using the standard development regulations.
4.
The subject site is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development.
5.
The project includes improved quality of life provisions and enhanced amenities, including an additional and appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, common open space, landscaping, parking areas, private open space, and sustainable improvement standards (e.g., energy efficient building design, construction, and operation.
G.
Minor Changes by Director.
1.
Minor changes in a planned residential development that do not involve an increase in density or a change of use may be approved by the Director, pursuant to Subsection 18.63.020.C (Administrative Site and Architectural Review).
2.
Proposed changes that are not deemed minor shall be subject to review and approval by the original review authority.
H.
Common Ownership—Land or Improvements.
1.
Covenants, Conditions and Restrictions (CC&R's). Where a Planned Residential Development contains any land or improvement proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions (CC&R's) with the final map establishing a Home Owner's Association subject to Community and Economic Development Director and the City Attorney approval. Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership. The CC&R's shall include provisions prohibiting the homeowners' association (HOA) from quitclaiming, selling or otherwise transferring the land held in common ownership to private property owners.
2.
The City shall be made a party of the CC&R's. The City's participation shall be specifically limited to enforcement of the HOA's maintenance obligation.
3.
Amendments to CC&R's. The provisions of approved CC&R's shall not be amended without the prior approval of the Community Development Director and City Attorney who at his or her discretion may refer the matter to the Planning Commission. Requests for amendments to existing CC&R's shall be submitted to the Community Development Division.
4.
Maintenance. All private streets, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use shall be maintained by the property owners. Provisions acceptable to the affected City Departments shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits.
5.
Failure to Maintain Constitutes a Public Nuisance. All commonly-owned lots, improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to so maintain is unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community.
( Ord. No. 352, § 2, 3-26-2024; Ord. No. 260, § 5(Exh. 1), 1-24-2012)
10 - RESIDENTIAL DISTRICTS1
Editor's note—Ord. No. 264, § 11, adopted June 12, 2012, changed the title of Chapter 18.10 from "RH, R1, R2, R3 and R3-S Residential districts" to "Residential districts."
The residential zones contained in this Chapter are intended to carry out the goals and objectives of the community's general plan, with respect to residential uses. These goals and objectives are to be achieved through the following purposes established for the residential zones:
A.
To provide for development in accordance with the general plan;
B.
To promote the most appropriate and efficient use of the land while providing a variety of housing opportunities to the community;
C.
To promote a compatible relationship between residential, commercial and other types of land uses located in the community;
D.
To promote the public health, safety and welfare through encouraging the appropriate type and size of development for the community;
E.
To manage development with respect to its type, size and location in order to prevent harmful encroachment of disruptive development into the community's residential neighborhoods.
(Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
The following districts are designed to implement the goals and objectives of the general plan. Each district contains specific land use regulations and density ranges for development.
A.
RH, Hillside Residential District. This district is intended for very low density single family residential development with a maximum retention of open space. It is located in the portions of the City identified in the general plan's master environmental analysis as having severe development limitations related to topography and soil conditions. The maximum density allowed in this district is one dwelling unit per gross acre.
B.
R1-20, Very Low Single Family Residential District. This district is intended for very low density single family residential use. The minimum lot size is 20,000 square feet with a maximum density of two dwelling units per gross acre.
C.
R1-10, Low Density Single Family Residential District. This district is intended for low density single family residential use. The minimum lot size is 10,000 square feet with a maximum density of four dwelling units per gross acre.
D.
R1-7.2, Single Family Residential District. This district is intended for single family residential use. The minimum lot size is 7,200 square feet with a maximum density of five dwelling units per gross acre.
E.
R2, Low Medium Density Residential District. This district is intended for single family residential use and low density multiple family development. The minimum lot size is 10,000 square feet with a maximum density of nine dwelling units per gross acre.
F.
R3, Medium Density Residential District. This district is intended for medium density multiple family development. The minimum lot size is 12,000 square feet with a maximum density of 12 dwelling units per gross acre.
G.
R3-S, Medium Family, Senior Citizen. This district is intended for the development of senior citizen housing. The maximum density shall not exceed 20 units per acre. The development standards shall be established through specific plan process.
H.
R3-20, Medium High Density Residential District. This district is intended for higher density multiple family development, which may include affordable housing. The minimum lot size is 12,000 square feet with a maximum density of 20 units per acre.
I.
R3-24, High Density Residential District. This district is intended for high density multiple family development, which may include affordable housing. The minimum lot size is 12,000 square feet with a minimum density of 20 units per acre and a maximum density of 24 units per acre.
(Ord. No. 298, § 8, 10-11-2016; Ord. No. 264, §§ 12, 13, 6-12-2012; Ord. No. 231, § 1(Exh. D), 9-11-2007; Ord. 126 § 2, Exh. A(part), 1990)
Uses listed in Table 18.10.030 shall be allowed in one or more of the residential districts as indicated in the columns below each district heading. Permitted uses are indicated by the letter "P" while the letter "C" indicates uses which require a conditional use permit.
TABLE 18.10.030
LAND USE REGULATIONS
(Ord. No. 359, § 6, 8-13-2024; Ord. No. 338, § 13, 5-24-2022; Ord. No. 336-U, § 16, 1-25-2022; Ord. No. 298, § 9, 10-11-2016; Ord. No. 264, §§ 14, 15, 6-12-2012; Ord. No. 231, § 1(Exh. D), 9-11-2007; Ord. 199 §§ 4, 5, 2002; Ord. 126 § 2, Exh. A(part), 1990)
The site development standards established for each residential district are as shown in Table 18.10.040.
TABLE 18.10.040
SITE DEVELOPMENT STANDARDS
Footnotes:
(Ord. No. 325, § 4(Exh. 1), 5-28-2019; Ord. No. 298, § 10, 10-11-2016; Ord. No. 264, §§ 16, 17, 6-12-2012; Ord. No. 231, § 1(Exh. D), 9-11-2007; Ord. 146 § 1(part), 1993; Ord. 126 § 2, Exh. A(part), 1990)
The provisions of Chapter 18.60 shall apply in determining the number of parking spaces that must be provided for each use located in a residential district.
(Ord. 126 § 2, Exh. A(part), 1990)
The portions of Chapter 10.16 shall apply in all residential districts.
(Ord. 126 § 2, Exh. A(part), 1990)
The provisions of Chapter 18.80 shall apply in all residential districts.
(Ord. 126 § 2, Exh. A(part), 1990)
The provisions of Chapter 18.63 shall apply in all residential districts.
(Ord. 126 § 2, Exh. A(part), 1990)
A.
Purpose. The purpose of this Section is to provide a process for approving a planned residential development that is intended to:
1.
Allow for flexibility and creativity in the development of infill lots otherwise constrained due to lot size, configuration and/or surroundings;
2.
Provide a method whereby land may be designed and developed as a unified site by taking advantage of efficient site planning techniques thereby resulting in a more efficient use of land, a better living environment, excellence of design, and related enhanced amenities than is otherwise possible through strict application of the development standards of the underlying zoning classification;
3.
Ensure development that meets high standards of environmental quality, public health and safety, the efficient use of the City's resources, and the purpose, intent, goals, policies, actions, and land use designations of the General Plan, and any applicable specific plan.
B.
Applicability.
1.
Permitted Zones. A planned residential development shall be permitted on those parcels identified, within the R2—Low Medium and R3—Medium Density Residential Zone districts. As determined by the Planning Commission on a case by case basis, a planned residential development may be proposed on any site other than those listed in subparagraph "a.", provided that it meets the applicability requirements of this section.
a.
A planned residential development may be proposed on the following properties: Assessor's Parcel Numbers: 0275-191-15, 0275-211-09, 0275-211-58, 0275-251-04, 0276-202-74, and 1167-341-078.
2.
Minimum Site Area. A planned residential development may only be requested for a site(s) with a minimum size of 22,000 net square feet.
a.
Net area shall mean the total horizontal area within the lot lines of a lot, excluding public or private easement, any street, drive aisle, or right of way area.
3.
Permitted Uses. A planned residential development project shall not authorize a use that is not allowed in the base zoning district.
C.
Development Standards.
1.
Density. Density within a planned residential development shall comply with the permitted density of the underlying zone district.
a.
The fractional/decimal results of calculations of the number of multiple housing units allowed within a land use zoning district shall be rounded down to the next lowest whole number. If a fraction is 0.55 or more, the Director may recommend the higher whole number to the Commission based on other development standards and regulations being met.
2.
Density Bonus. A density bonus, as shown below, may be considered by the Planning Commission, based on the merits of the project, including that all applicable development standards are met. Only one density bonus may be granted.
a.
Notwithstanding Subsection 2. above, a density bonus shall be granted for affordable housing developments in accordance with the density bonus provisions of Government Code Section 65915; or
b.
A 20 percent density bonus with evidence that the project can be certified in LEED for Homes; or
c.
A ten percent density bonus for construction of the project to meet or exceed more than a 20 percent increase in energy efficiency above Title 24 requirements or;
3.
Lot Coverage. Lot coverage shall not exceed 60 percent of the lot area. Lot coverage includes primary and accessory structures, covered patios and garages.
4.
Open Space. A minimum of 20 percent of the lot area shall be open and unobstructed. Paved areas, drive aisles, parking areas, private patios, or areas between structures less than ten feet in any dimension, shall not be counted towards open space. Twenty-five percent of open amenity areas may be counted toward the open space requirement.
5.
Private Open Space. A minimum of 250 square feet of private open space per dwelling unit shall be provided, with no dimension less than ten feet. Architectural elements with no habitable space may encroach into private open spaces.
6.
Amenities. Amenities may include a swimming pool, clubhouse, tot lot with play equipment, picnic shelter with barbeque area, basketball, tennis, or other recreational amenities. The type of amenities shall be approved by the Planning Commission. Amenities shall be provided as follows:
Note: Where a mix of attached and detached units is proposed, amenities shall be provided pursuant to this subsection.
7.
Height. 35 feet. Three-story structures shall not be permitted adjacent to any Single Family Residential zone or single family use.
8.
Circulation.
a.
Private streets shall be permitted only when a Homeowner's Association is established to maintain them.
b.
Private streets shall be built to public works construction standards.
c.
Street/Drive Aisle Width. A minimum of 26 feet, curb to curb with no on-street parking shall be provided. Where one-way access is proposed, the minimum width shall conform to County Fire standards.
d.
Two points of vehicular ingress and egress to a public street shall be provided. Except that for smaller projects or where the applicant can show that this is a physical impossibility, the appropriate fire authority may modify this requirement if the fire authority determines that emergency access is adequate for the project.
9.
Number of Attached Dwelling Units. Attached dwelling units shall not exceed eight units. Any building with six or more units shall provide a minimum two-foot variation along the building wall plane.
10.
Project Setbacks.
a.
Perimeter Setbacks.
i.
Front Yard: 20 feet.
ii.
Rear Yard: 15 feet.
iii.
Side Yard: Ten feet.
iv.
Street Side Yard: Ten feet.
b.
Attached units shall also adhere to the following setbacks:
i.
A minimum setback of ten feet from the curb face, except that a minimum driveway depth of 17 feet shall be provided.
ii.
A minimum of 15 feet between attached buildings.
c.
Small lot subdivisions shall adhere to the following standards:
i.
Minimum Lot Size: 3,500 net square feet.
ii.
Lot Coverage: 60 percent.
iii.
Front Yard Setback: An average of 18 feet, but no less than 16 feet.
iv.
Rear Yard Setback: 15 feet.
v.
Side Yard Setbacks: Five feet on one side yard and eight feet on the other side yard.
vi.
Zero Lot Line Setback: Shall apply to detached garages only.
vii.
Distance Between Detached Garage and Main Residence: Five feet.
11.
Parking. Parking shall be in accordance with Chapter 18.60 (Off-Street Parking), with the following exceptions:
a.
On-street parking may be credited towards guest parking, provided that a curb to curb street width or driveway width of a minimum of 33 feet is provided, with parking only on one side of the street.
12.
Storage and Trash Areas. All storage and trash areas shall be located within enclosed areas completely screened from public view. The enclosure shall follow current California Building Code accessibility requirements, as amended from time to time. A drain shall be installed and connected directly into the City's wastewater system, with approval from the City's Engineer. The storage and trash enclosure shall contain lockable front facing decorative metal doors and a side door, and a decorative metal roof or cover with screening to prevent illegal dumping. All decorative material shall be compliant with the City's objective design standards. Common storage and trash areas shall be within 200 feet of the dwelling served.
D.
Procedures.
1.
Planned residential developments shall be processed in accordance with Chapter 18.63 (Site and Architectural Review). The application shall include all of the information and materials specified by the Site and Architectural Review application, together with the required fee in compliance with the City's adopted fee schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F. of this Section (Findings and Decision).
2.
The application shall be accompanied by a tentative map that shall be filed and processed in accordance with Title 17 (Subdivisions) of the Municipal Code.
E.
Review Authority. The Commission may approve, conditionally approve, or deny a planned residential development, provided that the findings contained in Subsection F. of this Section (Findings and Decision), and in Chapter 18.63 (Site and Architectural Review), can be made.
F.
Findings and Decision. The Commission may approve or conditionally approve a planned residential development only after first making all of the findings contained in Section 18.63.060 (Approval Process) and the following:
1.
The development includes only uses allowed within the base zoning district.
2.
The development is compatible with other development within the zoning district and general neighborhood of the proposed project.
3.
The project would produce a development of higher quality and greater excellence of design than that might otherwise result from using the standard development regulations.
4.
The subject site is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development.
5.
The project includes improved quality of life provisions and enhanced amenities, including an additional and appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, common open space, landscaping, parking areas, private open space, and sustainable improvement standards (e.g., energy efficient building design, construction, and operation.
G.
Minor Changes by Director.
1.
Minor changes in a planned residential development that do not involve an increase in density or a change of use may be approved by the Director, pursuant to Subsection 18.63.020.C (Administrative Site and Architectural Review).
2.
Proposed changes that are not deemed minor shall be subject to review and approval by the original review authority.
H.
Common Ownership—Land or Improvements.
1.
Covenants, Conditions and Restrictions (CC&R's). Where a Planned Residential Development contains any land or improvement proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions (CC&R's) with the final map establishing a Home Owner's Association subject to Community and Economic Development Director and the City Attorney approval. Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership. The CC&R's shall include provisions prohibiting the homeowners' association (HOA) from quitclaiming, selling or otherwise transferring the land held in common ownership to private property owners.
2.
The City shall be made a party of the CC&R's. The City's participation shall be specifically limited to enforcement of the HOA's maintenance obligation.
3.
Amendments to CC&R's. The provisions of approved CC&R's shall not be amended without the prior approval of the Community Development Director and City Attorney who at his or her discretion may refer the matter to the Planning Commission. Requests for amendments to existing CC&R's shall be submitted to the Community Development Division.
4.
Maintenance. All private streets, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use shall be maintained by the property owners. Provisions acceptable to the affected City Departments shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits.
5.
Failure to Maintain Constitutes a Public Nuisance. All commonly-owned lots, improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to so maintain is unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community.
( Ord. No. 352, § 2, 3-26-2024; Ord. No. 260, § 5(Exh. 1), 1-24-2012)