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Hesperia City Zoning Code

CHAPTER 16

32 - PLANNED DEVELOPMENTS

Sections:


16.32.010 - Intent of provisions.

It is the purpose of this chapter to promote a more efficient use of the land and to create a more desirable and affordable living environment by providing greater design flexibility than would be possible through the strict application of standard development regulations required by conventional zone or land use districts. This chapter shall set forth those requirements, design standards and conditions by which planned developments shall be regulated.

(Ord. 250 (part), 1997; SBCC § 89.0201)

16.32.020 - Planned residential developments.

A.

Planned residential developments are residential projects consisting of five hundred (500) dwelling units or fewer. Planned residential developments are compatible with, and not a significant departure from surrounding land uses, and will be so located in relation to public utility systems and installations that neither the extension nor enlargement of such systems will be required which results in public capital expenditures greater than would develop in a form generally permitted in the area. Planned residential developments shall be so located with respect to schools, parks and other public services and facilities required as to have access in the same degree as would develop in a form generally permitted in the area.

Residential planned development projects not meeting the above criteria shall be processed under the planned unit development regulations of the code. Excepting, however, residential projects greater in number of dwelling units than that permitted above may be processed as a planned residential development when the development review committee determines at the preapplication conference meeting that the project though greater in number of units:

1.

Is compatible with, and not a significant departure from, surrounding land uses;

2.

Will not require public capital expenditures for public utility systems greater than that required for the type of development generally permitted in the area;

3.

Has reasonable access to schools, parks and other public services and facilities in the same degree as would the type of development generally permitted in the area; and

4.

Otherwise complies with the provisions of this chapter.

The records of the preapplication meeting shall set forth those findings determining that the above criteria have been met.

B.

The provisions of this chapter shall modify the development standards of any zone or land use district designated for residential uses subject to the review and approval of a planned residential development application, in accordance with the provisions of Chapter 16.12.

C.

All land uses within a planned residential development shall conform to the permitted uses of the underlying zone or land use district, except as follows:

1.

Residential dwelling units, as defined in Chapter 16.08 may be attached or detached.

2.

Certain internally oriented, incidental service uses such as, but not limited to, civic, community or country clubs, conference centers, or convenience shops designed and intended to provide goods and services to residents of the planned residential development project may be permitted. Such incidental service uses shall not be located on the periphery of the PRD project, nor shall the use encompass more than ten percent of the total project area.

D.

The conditions of approval of a planned residential development project shall specifically designate those uses, including types of dwelling units, permitted within the project.

(Ord. 250 (part), 1997; SBCC § 89.0205)

16.32.030 - Planned unit development.

A.

Planned unit developments are large, multi-phased projects which contain a variety of building types and uses, including commercial and industrial, when permitted by the general plan.

B.

Planned unit developments shall be reviewed and approved subject to the provisions of the planned unit development application, Chapter 16.12 and the provisions of the planned unit development (PUD) district of the code.

(Ord. 250 (part), 1997; SBCC § 89.0210)

16.32.040 - General regulations.

A.

Density. The total density of a planned development shall be determined by the:

1.

General Plan for the Particular Property. Increased densities may be granted by the reviewing authority through the density bonus provisions authorized by the general plan and implemented by the development code or specific plan; provided, however, density increases shall not be granted for that portion of a planned unit development in which only a preliminary development plan has been approved.

B.

Accessory Uses Permitted in Planned Residential Developments.

1.

All accessory uses permitted in the R-1 district, shall be permitted in a planned residential development, provided that such accessory uses are compatible with the approved PRD development plan.

2.

When the underlying zone or land use district permits horse raising, and where the density of a planned residential development project does not exceed four dwelling units per acre, horses shall be permitted in a PRD project as follows:

a.

On lots twenty thousand (20,000) square feet or greater subject to the regulations of the R-1 District;

b.

Where lots are less than twenty thousand (20,000) square feet, horses shall be permitted subject to the following conditions:

i.

Horses shall be clustered onto common lots,

ii.

The maximum density of horses shall not exceed three and two-tenths (3.2) horses per gross acre of common lot area,

iii.

All standards and regulations of the building and safety department shall apply,

iv.

Maintenance and management of the clustered facilities shall be provided by the property-owners' association.

C.

Phasing. In a phased development, safeguards shall be required in the form of easements or bonds or other commitments for open space requirements that will protect the integrity of the total project.

D.

Subdivision. When a tentative subdivision map is filed with a planned development project, prior to recordation of the final subdivision map, the following items shall be filed with the appropriate agency:

1.

Documentation of easements, covenants, deeds, and property-owner association by-laws, restrictions and articles of incorporation.

2.

Sureties and performance bonds covering open space areas, dedicated public improvements, and other items as determined by the reviewing authority. The amount of the performance bonds shall be reviewed annually by the appropriate agency.

E.

Revision of Approved Development Plans. No revisions may be made in an approved planned residential development site plan or planned unit development final development plan before, during or after the construction of a planned development except upon application by the applicant to the appropriate reviewing authority, under the procedures provided below:

1.

Minor revisions such as in the location and siting of building and structures may be authorized by the planning officer, if required by engineering or other circumstances not foreseen at the time the development plan was approved. These revisions shall be made prior to recording the final subdivision map or the issuance of any building permits, whichever occurs first.

2.

Major revisions, such as changes in use, any significant rearrangement of lots, blocks and building tracts, any substantial changes in the provision of common open spaces and all other modifications shall be approved by the reviewing authority authorized to approve the plan being revised. The reviewing authority shall hold a public hearing to consider such major revisions. No amendments may be made in the approved development plan unless they are shown to be required by changes in conditions that have occurred since the development plan was approved or by changes in the general plan, or any applicable community plan or specific plan.

(Ord. 250 (part), 1997; Ord. 228 § 5, 1996; Ord. 75 § 2 (part), 1990; SBCC § 89.0215)

16.32.050 - Design standards.

A.

Unless specifically changed within this section, all adopted ordinances, standards and policies apply to a planned development project, including those set forth in the general plan. The planning commission may alter adopted standards, except standards adopted by the board of supervisors, where, in their opinion, the altered standards would more adequately serve the intent and purposes of the planned development provisions of the code.

B.

Circulation.

1.

The vehicular circulation pattern shall be designed such that:

a.

It provides adequate vehicular access to and within the project, in accordance with adopted county standards;

b.

It is coordinated with external transportation networks in terms of location and loads;

c.

It is integrated with the natural landscape and, where possible, parallels the natural drainage system;

d.

It is designed such that noise levels from vehicular traffic shall comply with the noise quality standards of the general plan;

e.

The planned development project, and each phase thereof, has two points of vehicular ingress and egress from surrounding streets, one of which may be emergency only. Where the applicant can show that this is a physical impossibility, this requirement may be waived;

f.

Private streets are acceptable if they are built to county standards and are inspected by the county. However, right-of-way shall not be accepted by the county nor shall private streets be accepted into the county-maintained road system.

2.

The pedestrian circulation pattern shall be designed such that:

a.

It is separated from vehicular traffic where possible and designed to discourage pedestrian crossing of the vehicular network, except at controlled points which are designed for pedestrian safety;

b.

Hard-surfaced, safely lighted pedestrian access to common open space, recreational areas, community facilities and other logical terminal points shall be provided.

3.

All common off-street parking areas shall be designed such that:

a.

They provide adequate, convenient, well-marked and safely lighted parking;

b.

With the exception of building-enclosed parking structures, they shall contain appropriate landscaping to minimize the effect of large areas of asphalt or concrete.

4.

Two parking spaces per dwelling unit shall be provided. No tandem parking is permitted except in mountain areas. Guest parking, either on-street or in common parking areas, shall be provided at a ratio of one space per two dwelling units.

C.

Open Space.

1.

For the purposes of this chapter, open space within a planned development shall be the total area of land or water within the boundaries of a planned development, designed and intended for use and enjoyment as open-space areas.

a.

Open space within a planned development shall include the following:

i.

Area of the site not covered by buildings, paved areas or accessory structures, except recreational structures;

ii.

Land which is accessible and available to all occupants of the development for which the space is intended;

b.

Open space within a planned development does not include:

i.

Proposed and existing street rights-of-way and private streets;

ii.

Open parking areas, driveways;

iii.

School sites;

iv.

Commercial, industrial or office areas, and the buildings, accessory buildings, parking and loading facilities thereof.

2.

A residential planned development project shall have a minimum of forty (40) percent private and common open space, not including balcony area.

3.

Each dwelling unit shall have a minimum contiguous private open space area as follows:

a.

Ground-Floor: two hundred twenty-five (225) square feet;

b.

Upper-story dwelling unit with no ground floor: sixty (60) square feet.

4.

Provisions for the maintenance and management of the common open space and common facilities shall be reviewed and approved by the reviewing authority. Such approval shall be based on the following criteria:

a.

The applicant shall establish a property-owners' association prior to the selling of any lot or occupancy of any dwelling unit.

b.

The property-owners' association by-laws, restrictions and articles of incorporation shall include the necessary regulations required by the Federal Housing Administration. Other standards may be approved by the reviewing authority.

D.

Site Resource Utilization.

1.

The planned development shall be designed and developed in such a manner as to minimize the cutting of trees, disturbance of ground cover, cut-and-fill work, drainage alteration and hillside development. All tree removals shall be in accordance with county permit procedures.

2.

All new dirt work and exposed slopes shall be suitably stabilized in accordance with the Building Code and this code. Scarred and erosion-prone areas shall be stabilized with appropriate planting.

3.

A drainage analysis shall be prepared and shall accompany the application for a planned development.

E.

Site and Structure Relationship.

1.

The spacing of buildings shall be governed by the requirements for adequate light and air, proper access, fire regulations and the need for visual and auditory privacy.

2.

Whenever possible, dwelling units shall be arranged to take advantage of views and vistas with consideration given to "micro" (subsections of the planned development) climate control and pleasing relationships of building mass.

3.

The planned development shall be designed to minimize the likelihood of criminal activity by:

a.

Minimizing those areas that are neither clearly private or public;

b.

Planting landscaping such that maximum observation is obtained while providing the desired degree of aesthetics.

4.

Building height, bulk and "micro" coverage are regulated only inasmuch as they meet the performance criteria set out above.

5.

No structure for human habitation shall be placed in an environmentally hazardous, fragile or unique area.

F.

Perimeter.

1.

Adjacent properties to the planned development shall be protected from adverse influences of traffic, land uses, building scale and density by the combined use of screening, setbacks and land use location.

2.

Perimeter planning and coordination are required to assure continuity in the community facilities and services. The applicant shall demonstrate that the development proposal can be adequately served by community facilities and services without undue public expenditure.

3.

Planned development projects which are within wild land fire-hazard areas as defined in the general plan shall develop fuel modification plans approved by the Hesperia Fire Protection District.

(Ord. 250 (part), 1997; SBCC § 89.0220)

(Ord. No. 2021-01, 3(Exh. A), 6-1-21)