There is implemented the PRD-A, planning residential development-attached district. Whenever placed on the land use zoning map, "PRD-A" shall be indicated as the district designation of the area over which it is placed, and the provisions of said "PRD-A" district shall apply.

(Ord. 798 (part), 1980)

A.

The city council finds that attached planned residential developments are different in several respects from conventional high density residential developments and therefore require different regulations.

B.

The intent of this chapter is to develop standards, procedures and guidelines to provide a more flexible method whereby sufficiently large and properly located land areas can be developed, employing more innovative and imaginative land planning concepts than would be possible through the strict application of the R-3, R-4 and/or A-P zoning subdivision regulations.

C.

The purpose of the ordinance codified in this chapter is to provide for the general control of design of attached planned residential development, including but not limited to condominiums, community apartment projects, and cluster housing, in relation to adjoining areas in accordance with the basic purpose of the State Subdivision Map Act.

(Ord. 798 (part), 1980)

For the purpose of this chapter, the following definitions shall apply:

A.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential building situated on real property. A condominium may include, in addition, a separate interest in other portions of such real property.

B.

"Condominium project" means the entire parcel of real property divided or to be divided into condominiums, including all structures thereon.

C.

"Planned development" means a structure or structures proposed for construction, deviating from the requirements of the particular zone in which it is proposed to be located, and consisting of:

1.

Individual family living units under individual ownerships developed as a condominium, row houses, community apartments or as cluster housing;

2.

A project in which an undivided interest in the land is coupled with the right to the exclusive occupancy of a designated apartment thereon, such as a community apartment project; or

3.

Other comparable facilities.

D.

"Community housing project" means a project in which an undivided interest in the land and common areas coupled with the right to the exclusive ownership of a designated apartment therein.

E.

"Cluster housing project" means a grouping of lots of no specific area requirements but combined with common areas to compute the density requirements of the PRD-A zone. Residential structures on such lots need not cover the entire lots, and may have common walls, but shall not exceed three stories, or thirty-five feet whichever is less.

F.

"Unit" means the element of a condominium project which is not owned in common with the owners of other condominiums in the project.

G.

"Common areas" means the entire condominium project excepting all units therein granted or reserved to individual ownership.

H.

"Conditions, covenants, and restrictions" means conditions, covenants and restrictions of any condominium or planned development.

I.

"Cooperative apartment" means an improved real property owned or leased by a cooperative housing corporation or by any other corporation, partnership, trust, or association, if all or substantially all of the shareholders of such corporation, or partners of such partnership, or beneficiaries of such trust, or members of such association, receive a right of exclusive occupancy in a portion of the apartment house, which right of occupancy is transferable only concurrently with the transfer of the stock, partnership interest, beneficial interest, or membership held by the person having such right of occupancy. For all purposes of the Rialto Municipal Code, a cooperative apartment will be subject to the same restrictions and conditions as condominiums and community apartments.

J.

"Association" means the organization of persons who own a lot, parcel, area, airspace, or right of exclusive occupancy in a unit of a condominium, cluster project or other planned residential development and have interest in the control of common areas of such projects.

K.

"Townhouse" means an arrangement of single-family dwellings, joined by common walls on not more than two sides, with the uppermost story being a portion of the same dwelling located directly beneath at the grade of first floor level, and having exclusive individual ownership and occupancy rights of each dwelling unit, including, but not limited to the land area directly beneath such dwelling.

L.

"Open space" means the land areas which are not occupied by buildings, structures, streets or alleys, excepting, however, approved landscaped features and active recreational facilities when developed in accordance with the provisions of this chapter.

1.

"Usable open space" means the land areas meeting the qualifications and definitions of either usable common open space or usable private open space.

2.

"Usable common open space" means the open space which is suitably located and improved for common recreational purposes, active or passive, and accessible to each lot or dwelling within a development through a system of public or private walkways.

3.

"Usable private open space" means the open space which is designed and maintained for the sole and exclusive use of the occupants of not more than one dwelling and may include covered patio areas.

4.

"Active recreational area" means the usable common open space which is developed with active facilities, such as swimming pools, tennis courts, recreational buildings, a clubhouse, or similar facilities.

(Ord. 798 (part), 1980)

The specific objectives of the planned residential development-attached ordinance are as follows:

A.

To encourage a more desirable living environment than would be possible through a strict application of the zoning code;

B.

To encourage a more efficient, aesthetic, and desirable use of the land;

C.

To encourage the reservation of a greater proportion of open spaces for visual and recreational uses;

D.

To encourage variety in the physical development pattern of the community;

E.

To ensure architectural unity and harmony within the development and with surrounding residential developments.

(Ord. 798 (part), 1980)

Condominiums, community apartments, row houses, townhouses, cluster projects, supportive housing, transitional housing, or other similar planned residential developments are permitted in the planned residential development-attached (PRD-A) zone, subject to the approval of tentative or final tract or parcel map, as may be required by law. This requirement is in addition to other review and approval procedures required under Section 18.80.060 of this chapter.

(Ord. 798 (part), 1980)

(Ord. No. 1642, § 7, 7-14-20)

The following procedures shall be completed prior to the issuance of building permits:

A.

Preliminary Review. Prior to the filing of an application pursuant to this section, the developer or subdivider or his/her authorized representative shall meet in person with the city planning director or his/her designated representative to discuss the proposed project so that the necessary sequential processing steps may be undertaken with a clear understanding of the city's attitude and requirements.

B.

Application for Change of Zone. After the preliminary review and environmental assessment review, the applicant may file a request for a change of zone to a PRD-A zoning district pursuant to Chapter 18.48 of this code.

1.

All applications for a change of zone to a PRD-A district shall include the proposed development plan for the use of the property. Said plan shall be prepared in sufficient detail including any proposed buildings to properly advise the planning commission of the proposed development layout.

2.

Upon receipt of an application and development plan, the planning commission shall review the proposed development and forward its recommendation to the city council.

3.

Approval of the development plan shall not be granted for a period exceeding two calendar years.

4.

If the specified development has been completed in accordance with the approved plan within the time specified, the city will initiate the proceedings to place the property into a permanent PRD-A district.

C.

Applicability of Subdivision Map Act. If the application involves a subdivision or parcel map, approval of said map is required pursuant to Title 17 of this code.

D.

Approval of the precise plan of design by the community development director or planning commission, as applicable, under this subsection shall be subject to the procedures and requirements set forth in Chapter 18.65.

(Ord. 1234 (part), 1995: Ord. 798 (part), 1980)

(Ord. No. 1645, § 3, 7-14-20)

The development standards contained in this section shall apply to all attached planned residential developments.

A.

Site Area. The minimum net site area when developed pursuant to this chapter shall be one acre, except those sites with lesser area may be permitted when contiguous to an existing planned development and it constitutes a logical extension in arrangement of building facilities and open space.

B.

Density. Residential density shall not exceed twelve dwelling units per net acre, except as provided in subsection C of this section. "Net acre" means that number of acres which includes the total project area, excluding areas utilized for public streets, or other public rights-of-way.

C.

Density Bonus. The planning commission may approve, at the time of consideration for a change of zone to a PRD-A district, a "density bonus" which is an increase in the maximum number of dwelling units per net acre allowed under subsection B of this section. Density bonuses may be approved for a planned residential project only when all of the criteria are met under the following categories:

1.

Elevation Details. The maximum density bonuses granted under this category shall not exceed two units to the net acre and may be granted when:

a.

The project elevations reflect sensitivity to the impact of buildings on surrounding properties;

b.

The project contains varied building elevations exhibiting excellence of design and materials utilized which complement each other;

c.

The project incorporates security and safety techniques above the minimum required by city ordinances.

2.

Passive Solar Design. The maximum density bonus granted under this category shall not exceed four units to the net acre and may be granted when:

a.

Two unit bonus per net acre for passive solar design of units so that average energy savings for the units is at least thirty-five percent of the allowed energy consumption per Title 24 State of California Energy Calculations.

b.

In addition to that in subsection C 2 above, two unit bonus per net acre for passive solar design of units so that average energy savings for the units is at least fifty percent of the allowed energy consumption per Title 24 State of California Energy Calculations.

c.

Minimum Floor Area. Each dwelling unit within a planned residential development shall have the following minimum floor area:

d.

Site Coverage. Buildings and structures, which shall not include patios open on three or more sides, shall not occupy more than thirty-five percent of the gross area of the PRD-A district.

e.

Building Height. A building, structure or portion thereof, shall not exceed three stories or thirty-five feet, whichever is less. When the subject property is contiguous to any single-family residential zone, the building height shall be limited to sixteen feet or one story within twenty-five feet of property lines abutting said zone.

f.

Distance Between Units. No two separate buildings, structures or portions of buildings shall be located nearer to one another than twenty feet or one-half the sum of the height of both buildings, or portions thereof, whichever is greater, except where the following condition exists:

i.

If the dwelling units of two main buildings, structures or portions thereof are located on the site so as to have their primary orientation upon each other, they shall not be nearer to one another than thirty-five feet. The dwelling units of two main buildings shall be considered as oriented upon each other if the facing exterior building walls of the two buildings form an angle less than ninety degrees.

g.

Fences and Walls. Fences and walls shall be as shown on the approved precise plan.

h.

Off-street Parking. The following minimum standards shall apply:

i.

Each bachelor, single and one bedroom unit shall provide two parking spaces of which one space shall be a fully enclosed garage. One parking space may be open.

ii.

Each two, three and four bedroom unit shall provide three parking spaces, of which two spaces shall be a fully enclosed garage. One parking space may be open.

iii.

Emphasis should be placed on locating the garage adjacent to the unit being served, however, in no instance shall the garage be located more than two hundred feet from the unit it is designed to serve. All spaces shall maintain a minimum inside dimension of nine feet in width and twenty feet in length.

iv.

Guest Parking. One open parking space for each five dwelling units shall be provided for guest parking. Said parking spaces shall be distributed throughout the planned residential development.

v.

On-street parking shall not be used to satisfy any of the above parking requirements.

vi.

Tandem or subcompact parking shall not be permitted.

viii.

Carports are prohibited.

i.

Yards and Setbacks. Each dwelling unit shall have and maintain the following minimum setbacks and yards:

i.

Front Yards. The minimum setback from a public street for all buildings and structures exceeding forty-two inches in height shall not be less than twenty-five feet.

(A)

The city may require a greater setback as part of the precise plan of design due to the size, width, or length of a building and its relationship to the street or intersection of two streets. In addition, a greater setback may be required to ensure compatibility with contiguous land uses.

(B)

For buildings greater than one story in height, the second story floor and above shall be set back a minimum of forty feet from the property line.

(C)

This setback provision for structures exceeding forty-two inches in height shall not prohibit construction of a six foot decorative masonry wall along major or secondary highways, major collectors or along other public streets where such construction is necessary for diminishing noise and establishing pedestrian traffic control. A patio may be enclosed on all sides with a decorative fence to ensure privacy, but at no time shall it have a roof in conjunction with such decorative fence and further provided the patio setback shall not be less than fifteen feet.

ii.

Side Yards. Minimum side yards shall be fifteen feet. Where the side yard is adjacent to a public dedicated street or alley, the minimum side yard setback shall be as follows:

(A)

For all structures one story in height, the minimum side yard setback shall be twenty feet.

(B)

For all two story structures, the minimum setback shall be thirty feet.

(C)

For all three story structures, the minimum side yard setback shall be thirty-five feet.

iii.

Rear Yard. The rear yard for a main building shall not be less than fifteen feet.

iv.

Accessory Buildings.

(A)

Accessory buildings not exceeding one story in height may occupy not more than thirty-five percent of a rear yard and may be erected not closer than five feet to the rear property line; provided, however, that such accessory building has no openings facing the rear property line. This requirement may be waived by the commission based on findings that such buildings, if constructed on the rear or side property lines, will not be detrimental to adjacent properties.

(B)

Private garages located in the side yard and opening onto a dedicated street shall be at least eighteen feet from the side property line.

(C)

Private garages located in the side yard and opening onto an alley or private street may be five feet from the side property line, provided automatic garage door openers are installed.

(D)

No accessory building shall occupy any portion of the front yard of any lot.

j.

Building Bulk. All structures proposed to be constructed within a project shall conform to the following requirements:

i.

Structures having dwelling units attached side by side shall be composed of not more than six dwelling units unless, evidence is submitted to the city that attachment of more than six units as proposed would not be detrimental to residents or to adjacent properties.

ii.

Structures having dwelling units attached side by side shall have an offset in the front building line of at least four feet for every two dwelling units within such structure.

k.

Vehicular Circulation — Private and Public Streets. All primary and secondary streets, either private or public shall be improved in accordance with city standards.

1.

Vehicular Circulation — Access from Public Streets.

i.

The city, upon review, may require modifications in the size, number, and location of access points and vehicular and pedestrian or multimodal on-site circulation systems in order to protect and enhance adjacent properties and protect the public safety and welfare. In this review, the following standards shall apply:

(A)

Access to a planned residential development shall be permitted only from a public street. Direct access from major streets shall be prohibited except as follows:

(1)

Where an existing development site has no alternative means of ingress and egress, the city may approve access from a major street;

(2)

Where evidence can be shown that access from a major street will not hazardously affect the function of the street or be detrimental to the motorists, the city may approve access from a major street.

ii.

Access to On-site Parking Areas. Access to on-site parking areas shall be by means of either:

(A)

A loop system, where each one-way road has a minimum width of twenty feet; or

(B)

A driveway with a minimum width of thirty-two feet to permit two-way traffic; or

(C)

Along all driveway and vehicular access ways that provide access for fire or emergency vehicles, there shall be a minimum vertical clearance of fourteen feet and horizontal clearance of twenty feet.

m.

Pedestrian Circulation. A pedestrian circulation system shall be incorporated into the residential development for the purpose of providing direct access to and from all individual dwelling units, trash storage areas, parking areas, recreational areas and other outdoor living areas. The circulation system shall be developed with a combination of the following development standards:

i.

A sidewalk system shall be developed adjacent to all public streets with a minimum width of five and one-half feet in accordance with city standards.

ii.

The interior walkway system shall include pedestrian walks or paths consisting of varying widths designed to provide curvilinear forms wherever possible. The minimum width of interior pedestrian walks and paths shall be four feet. Walkway systems shall utilize materials such as concrete, brick, flagstone or other materials approved by the planning division.

n.

Signs. Within planned residential developments, directional signs shall be utilized to guide pedestrians to residential units from access points on the development perimeter. These signs shall illustrate the site plan, private street names, and ranges of corresponding street addresses and shall be submitted as part of the precise plan of design application.

i.

Permitted Signs.

(A)

One indirectly illuminated monument sign per development. This sign shall only be utilized for the purpose of identification, which shall only contain the name and/or address of the development. The monument sign shall not exceed twenty square feet in aggregate area, or exceed five feet in overall height. Such sign shall be erected within a landscaped area and located at least fifteen feet from the curb face;

(B)

In lieu of the monument sign as noted in subparagraph i (A) of this subsection, one wall sign per tract entrance may be permitted. Such sign shall consist of individually mounted letters which identifies the name and/or address of the development. Such wall letters and numbers shall not exceed eighteen inches in height and shall be indirectly illuminated.

o.

Utilities. The applicant shall submit to the community development department, and it shall be made a condition of approval, that the serving utilities will install underground all facilities necessary to furnish service in the development. In addition, each dwelling unit shall be provided individual services and utility meters.

p.

Storage Facilities. There shall be a common area for parking of trailers, boats, campers, camper shells, motor homes and similar vehicles equal to one ten foot by twenty foot storage space for each seven dwelling units or fraction thereof. Adequate access and maneuverability shall be provided. Such area shall be enclosed with a minimum six-foot high decorative masonry wall with perimeter screening landscaping. Landscaping shall include trees and shrubs and shall be maintained by an electric remote control sprinkler system. Gates shall be constructed of wood. Said area shall be adequately lighted, provided with yard drains for adequate drainage, and shall have electrical outlets and hose bibbs.

q.

Trash Collection Areas. Trash collection areas shall be provided within two hundred feet of the furthest unit they are to serve. Such storage areas shall be constructed to city development standards and shall be situated so as to eliminate noise and visual intrusion on adjacent property as well as to eliminate fire hazard to adjacent structures. Individual trash pickup service may be permitted, provided provisions are specified in the conditions, covenants and restrictions.

r.

Private Storage Areas. Where a proposed development is to be constructed with other than an attached garage for each dwelling unit, a minimum of one hundred cubic feet of private storage space shall be provided outside the dwelling for each such unit. The design, location and size of the storage space shall be integrated into the development.

s.

Antennas. A central television antenna or a connection to a cable television system shall be provided and shall be connected to each dwelling unit by underground wiring.

t.

Landscaping.

i.

All setback areas fronting on or visible from a public street, and all recreation, leisure and common open space areas shall be landscaped and permanently maintained in an attractive manner. Such landscaping shall primarily consist of turf, lawn, ferns, trees, shrubs or other living plants.

ii.

Permanent one hundred percent automatic irrigation facilities shall be provided in all landscaped areas.

iii.

The developer, or his/her authorized agent shall notify the director of development services when the final landscaping installation is ready for inspection. Final city approval shall not be given until all work, including installation of all plant material and irrigation system has been completed in accordance with the approved landscaped plan.

u.

Lighting. A detailed lighting plan including specifications and design standards shall be submitted as part of the precise plan of design application. Such lighting shall be directed on the driveways and walkways and away from adjacent property. Walkway lighting shall be a low level fixture, spaced to provide adequate walkway illumination, be vandalproof and shall not intrude into the residential dwelling units.

v.

Open Space. A minimum of forty percent of the total project area shall be maintained as open space. For the purpose of this chapter, "open space" is defined as those areas within the project area that are utilized for private and common open space and areas used to satisfy main recreational area requirements. Open space areas shall not include: public or private streets, alleys, driveways, parking spaces, parkways and recreational storage areas.

i.

Private Open Space. "Private open space" is defined as those areas within the development that are designed and intended to be used exclusively by the individual homeowner. Private open space shall include: patios, balconies, fenced private yards and other private areas.

ii.

Common Open Space. "Common open space" is defined as those areas designated for the use and enjoyment by all residents and developed for recreational or leisure time activities. These common areas include: game courts, swimming pools, garden grounds, landscaped areas, sauna baths, tennis courts, putting greens, play lots, lawn bowling and similar facilities.

iii.

Main Recreation Area. A minimum of forty percent of the required open space shall be designated as a main recreational area or areas for the use and enjoyment by all residents and developed and maintained for recreational or leisure time activities. Such main recreational area or areas shall provide clubhouse facilities. This facility shall be of sufficient size to accommodate meetings held by the membership of the homeowners' association. In addition, a minimum of one of the following facilities shall be provided in the main recreation area: swimming pool, tennis court, basketball court, putting green, playground equipment, volleyball court or similar recreational facilities.

(A)

Main recreational areas shall not be located within fifteen feet of any dwelling unit and further provided, such recreational area or areas shall not contain a slope of more than eight percent.

(Ord. 1234 (part), 1995: Ord. 798 (part), 1980)

(Ord. No. 1645, § 3, 7-14-20)

A development shall be approved subject to submission of a legal instrument setting forth a plan of manner of permanent care and maintenance of open spaces, recreational areas and communal facilities. No such instrument shall be acceptable until approved by the director of development services as to suitability for the proposed use of the open areas and the city attorney as to legal form and effect.

If the common open areas are to be conveyed to the homeowners' association, the developer shall file a declaration of covenants to be submitted with the application for approval, that will govern the association. The provisions shall include, but not be limited to the following:

A.

The homeowners' association shall be established prior to the sale of the last dwelling units;

B.

Membership shall be mandatory for each buyer and any successive buyer;

C.

The open space restrictions shall be permanent;

D.

Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project;

E.

If the development is constructed in increments or phases which require one or more final maps, reciprocal covenants, conditions and restrictions and reciprocal management and maintenance agreements shall be established which will cause a merging of increments as they are completed and embody one homeowners' association with common areas for the total development.

(Ord. 1234 (part), 1995: Ord. 798 (part), 1980)

A building or grading permit shall not be issued for any site within a proposed planned residential development unless a final subdivision map has been recorded in compliance with the subdivision regulations of the city.

(Ord. 798 (part), 1980)