Mill Valley City Zoning Code
CHAPTER 20
20 PLANNED RESIDENTIAL DISTRICTS
§ 20.20.010 Purpose.
The purpose of this chapter is to create attractive residential developments which complement the character of the community, result in minimum disturbance to adjacent neighborhoods and preserve significant natural features of the sites. In establishing Planned Residential Districts, the City of Mill Valley intends to make possible development in which lot sizes, the size and shape of buildings, the location of buildings on lots, building heights, and the open spaces surrounding buildings or groups of buildings may be varied 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 Planned Residential Districts is intended to allow for continuous refinement of the development plan as additional information is acquired regarding the specific characteristics of the land.
§ 20.20.020 Procedure for obtaining planned development approval.
Except for uses listed in Section 20.20.040, land zoned Planned Residential may not be used, developed nor 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 Planned Residential are as follows:
B.
Following approval of the master plan, a precise development plan must be approved pursuant to Section 20.18.090.
C.
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 modify the location or decrease the development density specified in the City General Plan.
§ 20.20.030 Division of property.
No real property zoned Planned Residential shall be divided unless and until such subdivision is permitted under a planned development, which has been approved pursuant to this chapter.
§ 20.20.040 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 each legal lot of record zoned Planned Residential.
C.
Accessory structures.
E.
Other projects which the Director of Planning and Building determines are minor or incidental in nature and are consistent with the intent and objectives of this chapter.
(Ord. 1075 § 1, February 1, 1988; Ord. 1188 § 9, June 2, 2003)
§ 20.20.050 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 Planned Residential District and surrounding property and shall not change the basic residential character of the Planned Residential District.
A.
Single family detached dwellings on both RSP (Residential, One Family Planned District) and RMP (Residential, Multiple Planned District) designated parcels.
B.
Attached dwellings on RMP (Residential, Multiple Planned District) designated parcels.
C.
Home occupations.
D.
Non-commercial recreation facilities.
E.
Public and private parks or playgrounds.
F.
Public utility structures.
G.
Accessory structures.
§ 20.20.060 Density designation.
The ordinance adopting a Planned Residential District shall specify the maximum number of dwelling units per gross acre which will be allowed within the district and this density shall be combined with the zoning designation. The density thus computed shall in fact be the maximum number of dwelling units allowed per gross acre.
§ 20.20.070 General development criteria.
All planned developments under this chapter shall conform to the following general development criteria:
A.
Assembly of Land. At a minimum, any planned development shall include all contiguous land under the applicant's ownership. 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 Department of Planning and Building, before any application for a planned development can be accepted by the City.
B.
Conformance to the General Plan. All planned development to which this chapter applies must conform to the adopted Mill Valley General Plan and any adopted specific plan applicable to the area under consideration.
C.
Maximum Height of Structures. No structure shall exceed 30 feet in height pursuant to the building height definitions contained in Section 20.08.050 or any such more restrictive height limit(s) established as a condition of the Master Plan approval.
D.
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.
E.
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 only be developed if 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 hillsides and ridge lines, water courses, significant trees, and other important vegetative communities and wildlife habitats.
4.
Lands that can be served only by a cul-de-sac of 800 feet or more shall only be developed if 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 particular location.
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.
F.
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 be developed only if it can be demonstrated that the placing of structures thereon will not require undue disruption of the existing ground surfaces and vegetation, and only if 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.
3.
Seismic Hazards. Since Mill Valley may be subject to the severe effects of seismic hazards, 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 shall be designed to minimize threat to life, safety and property.
§ 20.20.080 Master plan approval.
A.
The applicant shall submit to the Department of Planning and Building 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 other review bodies and 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 existing 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, walkways, hiking and riding trails and other circulation system alignments.
3.
A preliminary landscape plan (may be combined with site plan) showing:
a.
All existing trees spaced more than 30 feet apart by common name and spread. Trees to be removed shall be indicated;
b.
In more densely wooded areas or in tree clusters, only the outline need be shown; however, outstanding trees within the clusters need be shown, if they are to be removed;
c.
A conceptual plan for proposed trees and other plant material.
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.
An indication of the facilities proposed 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.
7.
A statement of proposed scheduled staging of development.
8.
A preliminary geological reconnaissance report prepared by a registered civil engineer or a registered engineering geologist.
9.
A statement from the applicant indicating that the proposed project is consistent with the Mill Valley General Plan.
10.
Any other information which the Director of Planning and Building determines is required to describe clearly and accurately the proposed development and its effect on the terrain and existing improvements.
11.
A filing fee as established by resolution by the Mill Valley City Council.
C.
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 review the assumptions upon which the General Plan density designations were based taking into consideration any significant new information available from the detailed site specific soils report, other environmental information, and the 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.
The proposed planned development will create an attractive residential development which complements the character of the community, results in minimal disturbance to adjacent neighborhoods and preserves the significant natural features of the site.
2.
The proposed planned development has been designed to minimize or avoid public safety risks and City liability caused by landslide or other geologic hazards and drainage and flooding problems.
3.
The proposed new streets are adequate to carry anticipated traffic, and the proposed density will not generate traffic in such amounts as to cause safety problems on or overload the existing the street network outside the development.
4.
The proposed planned development conforms to the adopted Mill Valley General Plan and any applicable specific plans.
5.
Existing or proposed utility services and facilities and other public improvements are adequate for the population density proposed.
F.
If the Planning Commission cannot make the necessary findings, it shall recommend denial of the proposed master plan.
G.
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.
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.
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.
§ 20.20.090 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 has 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 description of the proposed project including: the proposed use of the site; the site area in square feet or acres; the individual and total building areas; the percentage of total site to be covered by buildings, parking, roads, and landscaping; the building height and number of stories; the number of off-street parking spaces, covered and open; and total number of living units, gross floor area, and number of bedrooms.
2.
A topographic map, at a scale of one inch equals 40 feet, showing all cut and fill banks, precise drainage and flood control improvements, easements and boundary survey data.
3.
A site plan or plans showing the location, width, grades, and types of improvements proposed for all streets, parking areas, driveways, walkways, trails, utilities, and other public improvements, and showing proposed locations for dwellings and other structures, indicating building locations and distances from property lines and rights-of-way.
4.
A Tentative Subdivision Map showing proposed division of property for the sale of individual parcels, if any.
5.
Floor plans and elevations for all structures, and perspective drawings sufficient to illustrate the design features of the proposed development.
6.
A landscape plan showing the types of all impervious ground surfaces, walls, fences, screens, shelters, water features, lighting, benches or other types of outdoor fixtures proposed. A planting plan showing location, number, and types of trees, shrubs, groundcover, and other plant materials.
7.
A statement setting forth a program for installation and continued maintenance of parking areas, lighting, public and private grounds, landscaping, streets, utilities, parks, playgrounds, or public or semi-public community buildings and facilities. For multiple residential developments, the statement should include details on condominium status, if applicable.
8.
A color and materials palette containing reasonably sized samples of color, materials, textures, tones or other representations of proposed architectural treatment.
NOTE: For land subdivisions, the information specified in paragraphs 5, 6, 7, and 8 above may be submitted as part of the design review applications for the individual homes.
9.
Information necessary for evaluation and assignment of fire zone designation.
10.
Any other information which the Director of Planning and Building determines is required to describe clearly and accurately the proposed development and its effect on the terrain and existing improvements.
11.
A filing fee as established by resolution by the Mill Valley City Council.
C.
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. 1123 § 4, August 2, 1993)
§ 20.20.100 Special regulations.
In addition to the other requirements governing Planned Residential zoning 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 Section 20.20.080 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 submit a tentative subdivision map, if required, to effectuate an approved 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 only those uses specified in Section 20.20.040 may be permitted.
§ 20.20.110 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. 1075, February 1, 1988)