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Mill Valley City Zoning Code

CHAPTER 20

18 R-P DISTRICTS

§ 20.18.010 Purpose.

The purpose of this chapter is to effect the development of attractive residential properties in keeping with the character of the community with minimum disturbance to the quality of the neighborhoods and of the natural features of the landscape by requiring the approval of specific plans showing site design and overall design character prior to development.
In establishing R-P districts, the City of Mill Valley intends to make possible development in which the size and shape of buildings, building heights, and the open spaces surrounding buildings or groups of buildings may be varied. Density shall be set at a level or range of dwelling units which is consistent with limitations imposed by on-site, natural resource, topographic and geologic conditions and by the level of public services and road access that can be reasonably provided. The development approval process for R-P districts is intended to allow for continuous refinement of the permitted density as additional information is acquired regarding the capacity of the land.
(Ord. 660 § 1; Ord. 672 § 1; Ord. 709 § 1; Ord. 884 § 1, December 20, 1976; Ord. 1015 § 1, November 21, 1983)

§ 20.18.020 Procedure for obtaining planned development approval.

Except for uses listed in Section 20.18.040, land zoned R-P may not be used, developed or graded for purposes of development until plans for development have been approved by the City. The procedural steps in obtaining plan approval of lands zoned R-P are as follows:
A. 
A determination of land capacity (development density) must be obtained pursuant to Section 20.18.060. This land capacity determination is made by the Planning Commission, subject to appeal by the City Council, after public hearing. A technical Land Capacity Report, paid for by the applicant and prepared by a person or firm mutually acceptable to the applicant and the City, and submitted by the applicant, is used by the City as an aid in making the land capacity determination. The land capacity determination is intended as a guide to be used by the applicant and the City in preparation and review of a master plan and precise development plan for the property. However, if justified by subsequent information, the City may permit a greater or require a lesser density when a master plan is approved for the property.
B. 
A master plan must be approved for development of the land pursuant to Section 20.18.080. The general development criteria contained in Section 20.18.070 govern the preparation of the master plan.
C. 
Following approval of the master plan, a precise development plan must be approved pursuant to Section 20.18.090.
D. 
Since the master plan and precise development plan involve a more detailed study of the property, including its geology, accessibility, and other characteristics, information may come to light at these stages which may cause the City to either increase or decrease the allowed development density previously contained in the land capacity determination.
(Ord. 660 § 1; Ord. 672 § 1; Ord. 884 § 1, December 20, 1976; Ord. 1015 § 2, November 21, 1983)

§ 20.18.030 Division of property.

No real property zoned R-P shall be divided so as to create a parcel of less than 10 contiguous acres unless and until such subdivision is permitted under a planned development, which has been approved pursuant to this chapter.
(Ord. 660 § 1; Ord. 672 § 1; Ord. 884 § 1, December 20, 1976)

§ 20.18.040 Uses permitted without planned development approval.

The following uses are permitted without planned development approval as required in this chapter:
A. 
Agriculture;
B. 
One single family dwelling on any single holding of land zoned R-P;
C. 
Accessory structures.
(Ord. 660 § 1; Ord. 672 § 1; Ord. 709 § 2; Ord. 884 § 1; Ord. 976 § 1, April 20, 1981)

§ 20.18.050 Uses permitted with planned development approval.

The following uses are permitted upon obtaining planned development approval as required in this chapter; provided, however, that all uses other than dwellings shall be distinctly secondary and accessory to the residential use of the R-P District and surrounding property and shall not change the basic residential character of the R-P District.
A. 
Attached and detached dwellings;
B. 
Commercial uses;
C. 
Home occupations;
D. 
Public and private country clubs;
E. 
Golf courses;
F. 
Tennis courts;
G. 
Other non-commercial recreation facilities;
H. 
Public and private schools, including nursery schools, kindergartens and day care centers;
I. 
Churches;
J. 
Public and private parks or playgrounds;
K. 
Public utility structures;
L. 
Accessory structures.
(Ord. 660 § 1; Ord. 672 § 1; Ord. 709 §§ 3, 4; Ord. 884 § 1; Ord. 976 § 2, April 20, 1981)

§ 20.18.060 Land capacity determination.

The land capacity shall be expressed in terms of dwelling units per land area and shall be directly related to the natural features of the land. The procedures for land capacity determination shall be as follows:
A. 
The applicant shall submit the following data to be used in the preparation of a land capacity report:
1. 
A base map of the site and all adjoining properties within 150 feet of the site at a scale of one inch equals 100 feet or larger with a minimum contour interval of five feet showing slope bands in the ranges of 1% to 10%, 11% to 15%, 16% to 20%, 21% to 30%, 31% to 40%, 41% to 50%, and over 50%.
2. 
A tabulation of the land area in square feet by the slope categories specified in paragraph 1 above.
3. 
An explanation of the methods used to compute percent slope in the land areas by means sufficient to permit adequate review.
B. 
The City Engineer shall certify the calculations required by subsection A above, prior to the preparation of the land capacity report.
C. 
Determination of Land Capacity—Land Capacity Report. To ensure that land development is established at a level consistent with the capacity of the land, applicants for planned development approval shall furnish a land capacity report prepared by a person or firm mutually acceptable to the applicant and the City, which person or firm is qualified by training and experience to have expert knowledge of the development criteria. The land capacity report is, in part, an environmental assessment and will serve as a data base for an environmental impact report. The land capacity report shall consist of the following components:
1. 
Natural and Manmade Site Features. This portion of the report shall describe the land features and environmental resources, including an identification and/or analysis of the following:
a. 
Topography;
b. 
Geologic and soils conditions;
c. 
Hydrology;
d. 
Vegetation;
e. 
Scenic areas;
f. 
Cumulative natural hazards;
g. 
Public utilities;
h. 
Roadways and existing levels of service;
i. 
Primary resources such as archaeological, historical, etc.
2. 
Land Capacity Calculation.
a. 
Excluded Lands. Lands with any of the following characteristics shall not be included in the land area of the proposed development for the purposes of land capacity determination:
i. 
Lands with greater than 50% slope.
ii. 
Lands which are hazardous to life and property due to soils, geological, seismic or hydrological factors (if left in their natural state or if built upon without remedial work) unless such hazardous conditions can be eliminated with minimal grading and disturbance to existing land forms and vegetation. The determinations on what is hazardous land must be based on the analysis of a licensed engineering geologist.
iii. 
Lands accessible only by roads passing through lands categorized as hazardous to life and property in paragraph (ii) above.
iv. 
Lands that can be served only by a cul-de-sac of 800 feet or more. (As used in this chapter, the term "cul-de-sac" shall mean any street or street system within the planned development having only one point of vehicular access.)
b. 
Buildable Lands. The building portions of the site shall be evaluated as follows:
i. 
The base density of all lands shall be set according to their slope as follows:
Percent Slope
Land Area Per Dwelling Unit
0-10
7,500 sq. ft.
11-15
10,000 sq. ft.
16-20
15,000 sq. ft.
21-30
20,000 sq. ft.
31-40
40,000 sq. ft.
Over 40
10 acres
Lot slope shall be measured at right angles to the natural contours. Percentage slope equals the vertical rise in feet between two points, divided by the horizontal distance between the two points multiplied by 100.
ii. 
Lands falling within an area of high fire hazard shall be limited to a density of one dwelling unit per five acres regardless of slope. High fire hazard areas are defined as those highly fire-prone brush assemblages known as chaparral formations which, among others, are composed of manzanita, chamise, chaparral, oak, huckleberry, chaparral pea, toyon, tree poppy, and chinquapin. The general locations of such high fire hazard areas are shown in the adopted Mill Valley General Plan, but are not necessarily limited to those locations.
iii. 
Densities for lands excluded under paragraph (2)(a), Excluded Lands, parts (iii) and (iv), of this subsection C, may be calculated in the same manner as the remaining lands with 10% of the resulting density being transferred to the remaining lands, other than lands within high fire hazard areas. Any fraction of a full unit or aggregate fraction less than a full unit shall be counted as a full unit.
3. 
Land Capacity Hearing and Determination. Within 30 days following receipt of the land capacity report, the Planning Commission shall hold a public hearing to consider the land capacity report and its recommended land capacity determination. The Planning Commission shall approve, conditionally approve, or disapprove the proposed land capacity determination and notify the applicant of its action in writing, including the reasons for its decision. Should the Planning Commission disapprove of the proposed land capacity determination, the Commission shall inform the applicant of what it believes to be the correct land capacity determination. Plans thereafter submitted for the planned development, whether by the same or another applicant, shall be in accordance with the land capacity determination. Plans thereafter submitted for the planned development, whether by the same or another applicant, shall be in accordance with the land capacity determination. However, the applicant may also submit alternative plans for lesser or greater density if the applicant believes that new information regarding the land justifies a change in density. The land capacity determination represents the number of dwelling units allowable on the land based upon the site characteristics as documented and analyzed in the land capacity report. However, the Planning Commission and/or City Council may require a lesser or permit a greater number of dwelling units when necessary or appropriate under the general development criteria established in Section 20.18.070. Such determination shall be made in the master plan or precise development plan approval process contained in Sections 20.18.080 and 20.18.090. Appeal of the Planning Commission decision on the land capacity determination may be made in accordance with the provisions of Section 20.64.100.
(Ord. 660 § 1; Ord. 672 § 1; Ord. 709 § 5; Ord. 884 § 1, December 20, 1976; Ord. 984 § 1, November 2, 1981; Ord. 1015 §§ 2, 5—7, 9, November 21, 1983)

§ 20.18.070 General development criteria.

All planned developments under this chapter shall conform to the following general development criteria:
A. 
Minimum Area. The minimum area required for a planned development shall be 10 acres of contiguous property unless the Planning Commission finds that property of less than 10 acres is suitable for planned development in accordance with all the provisions of this chapter.
B. 
Assembly of Land. Where contiguous properties proposed for a planned development in accordance with the provisions of this chapter are under separate ownership, written consent of all participating property owners shall be filed with the Director of Planning and Building before any application for a planned development can be accepted by the City.
C. 
Conformance to the General Plan. All planned development to which this chapter applies must conform to the adopted Mill Valley General Plan or to any adopted precise plan applicable to the area under consideration.
D. 
Maximum Height of Structures. No structure shall exceed 30 feet in height pursuant to the building height definitions contained in Section 20.08.050.
E. 
Environmental Quality Criteria.
1. 
All development should be designed and located to conserve energy resources. Such efforts might include, but are not limited to, the clustering or location of development to reduce driving time, and structural designs which maximize use of solar energy and reduce the use of electricity and fossil fuels.
2. 
Clustering to reduce paving, grading, runoff and changes in vegetative cover shall be encouraged. When a significant change in vegetative cover is proposed, it must be demonstrated that restoration measures will provide for minimal adverse impact and for equal protection from erosion as that provided by vegetation before grading.
3. 
Development should be so designed as to minimize adverse impact on primary wildlife resources and to achieve a high degree of compatibility with wildlife habitat areas.
4. 
Any lands whose sole means of access is via existing residential streets shall be limited to densities which will not produce substantial increases in traffic volumes on those streets. Traffic volumes exceeding 20% of existing volumes shall generally be considered substantial. Where more than one undeveloped site would contribute vehicular traffic to the street, the aggregate densities should not exceed the 20% level. The 20% level shall be used as a general guideline and is intended to minimize adverse traffic impacts on existing neighborhood streets. Densities may be approved which would produce lesser or greater traffic volumes depending upon the particular impact as may be identified in any environmental impact report prepared for the planned development.
F. 
Site Design Criteria.
1. 
All roads, buildings, and other structural improvements or land coverage shall be located, sited and designed to fit the natural topography and shall minimize grading and modification of existing land forms and natural characteristics.
2. 
Lands to which it is necessary to provide access by constructing a roadway or roadways traversing slopes in excess of 30% grade for a total cumulative distance of 300 feet shall be considered unbuildable unless it can be demonstrated that any adverse impact, including visual impact, is insignificant or can be satisfactorily mitigated.
3. 
Development shall be designed to minimize detraction from the scenic and visual quality of the City and the natural characteristics of scenic ridge lines, existing major water courses, established trees, dominant vegetative communities and primary wildlife habitats.
4. 
Lands that can be served only by a cul-de-sac of 800 feet or more shall not be considered buildable unless it can be demonstrated that adequate provision can be made for public safety and/or emergency access.
5. 
Vegetation for the stabilization of graded areas or for replacement of existing vegetation shall be compatible with surrounding vegetation and shall recognize climatic, soil and ecological characteristics of the region.
6. 
Underground utility lines shall be required, except where such undergrounding would result in significant adverse environmental impact.
7. 
It must be demonstrated that sufficient storm drainage, sewerage capacity and domestic water supply are available and that adequate fire, police, and school facilities either exist, or can be reasonably supplied to the development.
G. 
Natural Hazards and Public Safety Criteria.
1. 
Areas of Slope Instability. Development in areas of slope instability shall not be permitted unless detailed geotechnical and hydrological studies demonstrate that reasonable safeguards have been provided for public safety. Studies made by licensed engineering geologists and/or engineers specializing in soils problems must show that both static and dynamic hazardous conditions either do not exist or can be overcome by site preparation measures and/or engineering design which are not contrary to the purposes of this chapter.
2. 
Areas of Steep Topography. Any portion of a site over 50% grade shall not be considered buildable unless it can be demonstrated that the placing of structures thereon will not require undue disruption of the existing ground surfaces and vegetation, and unless it can be demonstrated that roads and utilities to the site can be provided in a manner which does not cause geologic instability, undue disruption or damage to any existing roads, soils, vegetation and utilities due to earth movement, and in a manner which ensures adequate access for public safety vehicles. Any such lands which do not meet these criteria, or the criteria in subsection (F)(2) of this section, and are, therefore, declared unbuildable may have 10% of their otherwise allowable density transferred to buildable lands. Any fraction of a full unit or aggregate fraction less than a full unit shall be counted as a full unit.
3. 
Seismic Hazards. With all areas of Mill Valley being subject to the severe effects of seismic shaking, all developments shall be subject to the following criteria:
a. 
All new buildings shall conform to the latest seismic structural standards of the Uniform Building Code.
b. 
All lands shall be evaluated for the presence of faults or seismic shaking related conditions and their implications for structural design. Any particular seismic hazard characteristics disclosed by such evaluation shall be made public.
4. 
Fire Hazard Areas. Development in high fire hazard areas (as defined in Section 20.18.060(C)(2)) shall be limited to a density of one dwelling unit per five acres.
(Ord. 660 § 1; Ord. 709 § 6; Ord. 884 § 1, December 20, 1976)

§ 20.18.080 RP districts-Master plan approval.

A. 
The applicant shall submit to the Planning Commission of the City of Mill Valley an application for approval of a master plan for the entire area of a proposed planned development.
B. 
The master plan shall include the following drawings and documents presented in sufficient detail for the City Council, Planning Commission and its advisory agencies to make adequate decisions:
1. 
A base map, at a scale of one inch equals 40 feet, with contour intervals of not more than five feet showing survey data, existing features of the property, including structures, streets, easements, utility lines, trees and land use;
2. 
A master plan map, at a scale of one inch equals 40 feet, showing lot design and streets, highways, walkways, hiking and riding trails and other circulation system alignments;
3. 
A statement of proposed scheduled staging of development;
4. 
A statement of proposed design and development standards, with indications of the following: land coverage; immediate or future building locations on all parcels, with designations of building heights and setback dimensions; public and semi-public areas; proposed related public improvements; and general type and character of building design, including any energy conserving features or solar energy applications;
5. 
Facilities required to provide flood control, adequate storm drainage, sewage disposal and public utilities for the planned development;
6. 
A statement of methods to be employed to assure maintenance of landscaping facilities to be provided and to assure development of properties to standards established by the master plan for the planned development.
C. 
Within 60 days following receipt of the application for master plan approval, the Planning Commission shall schedule such public hearing or hearings thereon as may be required by the Planning and Zoning Law of the State of California for the approval of a general plan.
D. 
Prior to taking action on the master plan, the Planning Commission may reconsider the land capacity determination taking into consideration a detailed soils report and proposed site design.
E. 
In order to approve, conditionally approve, or recommend approval or conditional approval of a master plan, the Planning Commission shall find that:
1. 
A final subdivision map for the proposed planned development can be recorded within two years of the expected date of adoption of the master plan for the planned development;
2. 
The proposed planned development is an environment of sustained desirability and stability;
3. 
The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and proposed densities will not generate traffic in such amounts as to overload the street network outside the development;
4. 
The area surrounding the planned development can be planned in coordination and compatibility with the proposed planned development;
5. 
The planned development is substantially in conformance with the adopted Mill Valley General Plan and any applicable precise plans;
6. 
Existing or proposed utility services and facilities and other public improvements are adequate for the population densities proposed.
F. 
If the Planning Commission cannot make the necessary findings, it shall recommend denial of the proposed master plan.
G. 
Within 30 days following the completion of its hearings thereon, the Planning Commission shall report its recommendations regarding the master plan application to the City Council for final action. The decision of the City Council shall be final. For developments with less than 10 units, approval by the Planning Commission shall constitute final action on the master plan subject to appeal to the City Council in the manner provided in Chapter 20.100. The giving of public notice and the holding of public hearings by the City Council shall be the same as provided in the Planning and Zoning Law of the State of California for the approval of a general plan.
H. 
The City Council may approve or deny the master plan for the proposed planned development. Approval of the master plan by the City Council shall be by resolution adopted by a majority of the members thereof. The resolution shall include, but not be limited to, the following stipulations:
1. 
The development, maintenance and use of the property included within the scope of the master plan shall be carried on in conformance with the approved master plan drawings and documents and this chapter;
2. 
Approval of the master plan is not to be interpreted as waiving the requirements for compliance with provisions of Title 21;
3. 
The approved master plan drawings and documents shall be filed with the office of the City Clerk of the City of Mill Valley after written authorization of such filing has been secured from the owner or owners of the lands involved. Such authorization shall be construed to constitute the owner's acceptance of the provisions set forth in the resolution;
4. 
No building shall be constructed, maintained or used, nor shall any land be developed or used except as permitted by the approved master plan drawings and documents as filed.
(Ord. 660 § 1; Ord. 672 § 1; Ord. 884 § 1; Ord. 901 § 1; Ord. 951, December 3, 1979; Ord. 999 § 6, November 15, 1982; Ord. 1015 § 9, November 21, 1983)

§ 20.18.090 Precise development plan approval.

A. 
Following adoption of a master plan, no development, improvement or building construction within the planned development area covered by the adopted master plan shall be commenced until the Planning Commission shall have approved a precise development plan for the entire planned development.
B. 
Within one year following the adoption of the master plan for the proposed planned development, the applicant shall submit to the Planning Commission an application for approval of a precise development plan for the proposed planned development consisting of the following:
1. 
A topographic map, at a scale of one inch equals 40 feet, showing all cut and fill banks, precise drainage and flood control and boundary survey data;
2. 
A site plan or plans showing location, width, grades, and types of improvements proposed for all streets, parking areas, driveways, walkways, trails, utilities, and other public improvements, indicating buildings and distances from property lines and rights-of-way;
3. 
A landscaping plan;
4. 
A map showing proposed division of property for the sale of individual parcels, if any;
5. 
Public or semi-public areas, including, but not limited to, schools, parks, playgrounds and parking areas;
6. 
A statement setting forth a program for installation and continued maintenance of parking areas, lighting, courts, public and private grounds, landscaping, streets, utilities, parks, playgrounds, or public or semi-public community buildings and facilities;
7. 
Information necessary for evaluation and assignment of fire zone designation.
C. 
Within 60 days following receipt of the application for precise development plan approval, the Planning Commission shall schedule a public hearing to consider the precise development plan in the same manner as provided for in Section 20.60.200.
D. 
The Planning Commission shall approve, approve conditionally, or disapprove the proposed precise development plan and shall notify the applicant in writing.
E. 
Planning Commission approval of a precise development plan shall become null and void unless action is taken to file a tentative subdivision map on property covered by the precise development plan within one year after approval of precise development plan.
(Ord. 660 § 1; Ord. 672 § 1; Ord. 788 § 11; Ord. 884 § 1, December 20, 1976; Ord. 1041 § 5, September 3, 1985)

§ 20.18.100 Special regulations.

In addition to the other requirements governing R-P districts, the following shall apply:
A. 
Major changes in an approved master plan of a planned development shall be required to be made in accordance with the provisions of this chapter.
B. 
Failure on the part of the applicant to submit a precise development plan within one year of a master plan approval by the Council, or failure to record a final subdivision map, if required, to effectuate an approved R-P precise development plan for a planned development within two years after the master plan approval by the City Council, shall render null and void the actions taken by the Planning Commission and the City Council, and the zoning shall revert to its former status permitting only those uses specified in Section 20.18.040.
(Ord. 884 § 1, December 20, 1976)

§ 20.18.110 Application and fees.

Application for approval of a planned development in accordance with the provision of this chapter shall be made by the owner or owners of the land involved, or any agent thereof, on forms prescribed by the City and shall be accompanied by fees to be established by resolution adopted by the City Council.
(Ord. 884 § 1, December 20, 1976)