The purpose of this chapter is to establish to planned development district 2 for the northeast flank of the Hill which is generally bounded by Combellack Drive, the extension of Junipero Avenue to Burnett Street, Panorama Drive, Temple Avenue, Hill Street and Hathaway Avenue and which is described in the land use element of the general plan and on the official zoning map of the city as an area allowing only low density residential development in order to ensure that the special environmental constraints and opportunities of the property therein will be addressed and the property developed and improved.

(Ord. 87- 02-987 § 5 (part); Ord. 86-03-969 § 5 (part), 1986)

   A.   The following uses shall be permitted in the PD-2 district, plus such other uses as the commission may, pursuant to Chapter 20.60, deem to be consistent with the uses for very low density residential areas subject to unusual environmental constraints and opportunities set forth in the general plan:

   1.   Conventional single-family units, patio homes, attached or detached single-family units with zero lot lines, duplexes, and multiple-family units in clusters of four to six townhouses;

   2.   Accessory buildings, including automobile garages;

   3.   Private greenhouses and horticultural collections; flower and vegetable gardens;

   4.   Home occupations, subject to the provisions of Section 20.04.384;

   5.   Signs, subject to the provisions of Subject 20.22.140;

   6.   Parks and publicly owned open space or recreational facilities;

   7.   Private noncommercial recreational facilities serving residents of a project.

(Ord. 87-02- 987 § 5 (part); Ord. 86-03-969 § 5 (part), 1986)

   No temporary uses are permitted except for temporary construction facilities or tract offices upon approval pursuant to Section 20.68.200 of this title.

(Ord. 87-02-987 § 5 (part); Ord. 86-03-969 § 5 (part), 1986)

   The following uses shall be permitted subject to conditional use permit as provided for in Chapter 20.64:

   A.   Oil well and appurtenant facilities subject to the provisions of Title 16 and Chapter 20.74;

   B.   Public utility facilities and structures;

   C.   Subdivisions signs, off-site, subject to the provisions of Section 20.16.140 and Chapter 20.52;

   D.   Cluster residential development subject to Chapter 20.12.

(Ord. 87-02-987 § 5 (part) and (A) (part); Ord. 86-03-969 § 5 (part), 1986)

   The following uses are expressly prohibited in the PD-2 district:

   A.   Commercial uses;

   B.   Industrial uses;

   C.   Agricultural uses not specifically listed as permitted;

   D.   Hospitals and sanitariums.

(Ord. 87-02- 987 § 5 (part); Ord. 86-03-969 § 5 (part), 1986)

   The property development standards of Sections 20.16.070 through 20.16.150 shall apply to development in planned development district 2.

(Ord. 87-02-987 § 5 (part); Ord. 86-03-969 § 5 (part), 1986)

   A.   A gross density averaging between five and ten dwelling units per acre shall be allowed for planned development district 2, as established by the general plan, and five to seven dwelling units per acre shall constitute the density entitlement of projects which meet the minimum development standards of this chapter as well as the special findings required before a site plan for a development proposed pursuant to this chapter may be approved under Section 20.16.160. Density increments up to the maximum allowed by this section may be approved in order to provide an incentive for design excellence. Criteria for such density increments shall include, but not be limited to, the following:

   1.   Where the planned development project to be approved preserves natural features that enhance both the specific development proposed and the community, including trees, scenic points, view corridors, unique geological formations and other community assets.

   2.   Where review of the proposed development indicates distinctive design, including site planning, structural design, architectural treatments, and the harmonious blending of buildings and landscaping.

   3.   Where usable open space is maximized and where greenbelt areas and/or parkland facilities are provided.

   4.   Where passive recreational areas adjacent to the Alamitos Number 1 Historical Landmark are provided.

   5.   Where the circulation system of the proposed development, if there is one, provides for the separation of pedestrian, vehicular and bicycle traffic.

   6.   Where buildings, structures, open space improvements, access streets and circulation systems are designed and located so as to minimize expansive impervious surface areas.

   7.   Where the proposed development provides for the use of passive and active energy conservation measures.

   8.   Where a development to be accomplished in stages is designed to coordinate improvement of open space, construction of buildings, structures and dwelling units so that each development stage achieves a proportionate share of open space and environmental quality of the total planned development.

   B.   Any person constructing a project of five or more dwelling units may apply for one or more bonus incentives, to complement general plan housing element policy where twenty-five percent of the units to be constructed in a project of five or more units are to be constructed for low to moderate income households or when ten percent of the units in such a project are constructed for low income households as defined by the California Health and Safety Code and as approved by the city council. The acceptable combination of incentives shall be as determined by the city council, provided that any individual incentive or combination of incentives shall have the equivalent financial value of at least a twenty-five percent density bonus. Potential bonus incentives shall be as follows:

   1.   A density bonus not to exceed twenty-five percent over the otherwise permitted density. The density bonus shall not be included when determining the number of housing units which are equal to the ten percent or twenty-five percent of the project constructed for low or moderate income households;

   2.   Exemption of the development from the requirements of Section 18.21.120;

   3.   Relief from the construction of public improvements appurtenant to the proposed development, which may include, but shall not be limited to, streets, sewers, and sidewalks;

   4.   Utilization of federal or state grant moneys or local revenues to provide land for the project at reduced cost;

   5.   Waiver of building, zoning, subdivision, or environmental impact fees and deposits;

   6.   Expedited case processing;

   7.   Exemption of the project from any other municipal code provisions which may cause an increase in the cost of the housing units to be developed.

   In order to ensure compliance with this subsection, the owner(s) of the property to be developed and/or the developer shall execute and record an agreement with the city, in a form approved by the city attorney. The city council shall ensure that units constructed for low or moderate income households, where bonus incentives have been provided pursuant to this subsection, are sold or leased to persons and/or families of low or moderate income.

(Ord. 87-02-987 § 5 (part); Ord. 86-03-969 § 5 (part), 1986)

   Building height in developments proposed pursuant to this chapter shall not exceed twenty-five feet, or two-and-one-half stories, whichever is less. Building heights may be limited to less than twenty-five feet in order to enhance the view opportunities of the district.

(Ord. 87-02-987 § 5 (part); Ord. 86-03-969 § 5 (part), 1986)

   All proposed development must be located at elevations sufficiently below Panorama Drive and Temple Avenue to avoid blockage of views for hilltop residents and visitors along these scenic corridors.

(Ord. 87-02-987 § 5 (part); Ord. 86-03-969 § 5 (part), 1986)

   All proposed developments shall provide reasonable visual and acoustical privacy for dwelling units; no specific yard, setback, open space, or lot size requirements are imposed in this district so as to encourage projects which take advantage of the unique characteristics of the property in accordance with the general plan and purposes of this chapter and Chapter 20.09. The planning commission may require such setbacks, open space or other development standards for proposed developments within this district pursuant to Section 20.16.150 as will further these purposes.

(Ord. 87-02-987 § 5 (part); Ord. 86- 03-969 § 5 (part), 1986)

   A.   The maximum lot area ratio shall not exceed .50.

   B.   Floor area ratio is calculated as follows:

      gross floor area -   200 sq. ft. times the required

                               number of enclosed parking spaces

               net lot area

   For purposes of this section, gross floor area includes the area of the first story and any additional stories for all structures and garages on a lot. The following shall not contribute to the calculation of gross floor area:

   1.   Covered patios, balconies and walkways;

   2.   Eaves and other architectural projections;

   3.   Antennas; and

   4.   Uncovered tennis courts, pools, spas and similar recreational facilities.

   Net lot area is the gross lot area less the required right-of-way dedications.

   C.   On parcels zoned for two dwelling units, no unit may exceed one-half the gross floor area as calculated in subsection (B) of this section.

(Ord. 92- 03-1116 § 2)

   This section regulates the height and location of fences, hedges, and walls for the purpose of providing for light, air, and privacy, and safeguarding the public welfare by preventing view obstruction as well as visual obstructions at street and highway intersections.

   A.   Required Fences and Walls. Swimming pools shall be entirely enclosed by buildings, fences, or walls not less than five feet nor more than six feet in height. Any such fence or wall shall be equipped with a self-latching gate or door, the latching device to be located not less than four feet above the ground. The fence, building, or wall shall be in place and approved by the city before water is placed in the pool.

   B.   Corner Cutoff Areas. The following regulations shall apply to all intersections of streets and alleys in order to provide adequate visibility for vehicular traffic. There shall be no visual obstructions within the cutoff areas established in this subsection.

   1.   There shall be a corner cutoff area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front, or rear, property lines at a distance of thirty feet from the intersection of such lines at the corner of a street or highway.

   2.   There shall be a corner cutoff area on each side of an alley intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of forty-five degrees with the side, front, or rear property line, as the case may be. They shall pass through a point not less than ten feet from the edges of the alley where it intersects the street or alley right-of-way.

   3.   Where, due to an irregular lot shape, a line at a forty-five degree angle does not provide for intersection visibility, the corner cutoff shall be defined by a line drawn from a point on the front or rear property line that is not less than thirty feet from the intersection of the side and front, or rear, property lines and through a point on the side property line that is not less than thirty feet from the intersection of the side and front, or rear, property lines.

   C.   Permitted Fences, Hedges and Walls. Fences, hedges, and walls not greater than six feet in height shall be permitted only where they do not:

   1.   Impair the view opportunities of the district,

   2.   Disrespect the district's topography, or

   3.   Disrupt open-space or greenbelt areas in such a manner as to make them less usable or visually appealing.

(Ord. 87-02-987 § 5 (part); Ord. 86-03- 969 § 5 (part), 1986)

   A.   Residential Uses. There shall be at least two off-street parking spaces in an enclosed garage for every dwelling unit. On-site guest parking spaces also shall be provided when required by and in accordance with the provisions of Section 20.70.010(F).

   B.   Loading. For multiple-family developments of ten units or more, one loading space with a minimum size of twelve feet by twenty-five feet shall be provided.

   C.   Uses Permitted by Conditional Use Permit. The provisions of Chapter 20.70 shall apply for off-street parking requirements.

(Ord. 87-02-987 § 5 (part); Ord. 86-03-969 § 5 (part), 1986)

   A.   There shall be vehicular access from a public or private improved street to off-street parking facilities, and pedestrian access from a public or private improved street to property used for residential purposes. All public streets shall be dedicated and improved to city specifications. When it is desirable to retain any street within the development as a private street, that street shall be irrevocably offered for dedication and maintained for its intended purpose by a homeowners' association or other means acceptable to the city.

   B.   If vehicular access is by way of a driveway parallel with a side lot line, the accessway shall be not less than ten feet. If pedestrian access is required to a rear dwelling, then this space shall be increased to not less than thirteen feet, not less than three feet of which shall be provided for pedestrian access.

   C.   Additional conditions may be imposed upon vehicular access from any lot or parcel fronting on Panorama Drive, Temple Avenue or Hill Street.

(Ord. 87-02-987 § 5 (part); Ord. 86-03-969 § 5 (part), 1986)

   Unlighted signs shall be permitted in this district only as provided in this section:

   A.   Nameplates. Nameplates shall be permitted provided they do not exceed two square feet in area, displaying only the following:

   1.   Name of the premises upon which it is displayed;

   2.   Name of the owner or lessee of the premises; and

   3.   Address of the premises.

   B.   Project Identification Signs. Project identification signs for each development of five units or more, not to exceed twenty-four square feet in total area or eight feet in any dimension shall be permitted. Project identification signs shall contain only the name of the development and street address.

   C.   For Rent or For Sale Signs. "For rent" and "For sale" signs shall be permitted. Not more than two such signs, not exceeding a total of six square feet in area, shall be permitted on any lot or parcel.

   D.   Subdivision Signs–On Site. Subdivision signs shall be permitted as follows:

   1.   Temporary real estate signs advertising real property which has been subdivided for purposes of sale or lease shall be permitted subject to the following conditions:

   a.   The construction of any sign shall be in strict compliance with the provisions of this title and all other laws of the city.

   b.   The sign shall remain only as long as some portion of the property originally advertised for sale remains unsold.

   c.   The signs shall be located on the premises which they advertise.

   d.   No sign shall exceed one hundred square feet in area.

   e.   Identification signs containing the tract name are permitted provided there shall be not more than one such sign for each three lots. Said signs shall not exceed four square feet.

   f.   Signs are permitted on the same lot with a model home provided they do not exceed four in number and ten square feet each in area. Said signs shall be removed after the developer concludes the initial sale of the lots or homes to their initial owners.

   E.   Subdivision Signs–Off-site–Temporary Real Estate Directional Signs. Temporary real estate directional signs may be erected and maintained, subject to conditional use permit, to direct prospective purchasers to a subdivision having lots or houses for sale, provided said signs do not create hazardous traffic conditions. Such signs shall be subject to the following standards in addition to any conditions of the conditional use permit which the commission determines further the purposes of this chapter:

   1.   The signs shall advertise only the name of the tract, simple directions to its location, and slogan, if any.

   2.   The sign shall not exceed eighty square feet in area.

   3.   The sign shall be set back not less than eight feet from the front property line.

   4.   The top of the sign shall not exceed fourteen feet in height above the land upon which it is located.

(Ord. 87-02-987 § 5 (part); Ord. 86-03- 969 § 5 (part), 1986)

   The development standards set forth in this chapter which govern development in planned development district 1 are deemed to be the minimum standard, and not all inclusive. The planning commission and/or city council may establish such further conditions, site development requirements or performance standards as may be deemed necessary to maintain, preserve, protect, perpetuate and promote not only the public health, safety and welfare but the environment and the integrity of the planned development district as well.

(Ord. 87-02-987 § 5 (part); Ord. 86-03-969 § 5 (part), 1986)

   Any project proposed for districts shall be subject to the provisions of this chapter and Chapter 20.09 generally, and the property development standards of this chapter, compliance with which shall be determined pursuant to the site plan review process set forth in Chapter 20.52 of this title. Additionally, any project proposed pursuant to this chapter shall only be approved where the planning commission makes both the findings required by Section 20.52.050, and the following special findings:

   1.   The proposed project protects, to the fullest extent possible, scenic view opportunities in general, and the view from Panorama Drive and Temple Avenue in particular;

   2.   The proposed project maximizes natural open space opportunities or incorporates greenbelt opportunities wherever possible;

   3.   The proposed project minimizes risk to the public health and safety as well as the environment by insuring that slope, soil, geologic, noise, and oil production constraints of the district are respected;

   4.   The proposed project minimizes land alteration, maximizes the natural appearance of the hillside, and follows the natural contours in the location and design of structures and access;

   5.   The proposed project meets the requirements of Section 20.16.170;

   6.   The proposed project provides for the construction improvement or extension of circulation systems, public facilities and public services consistent with applicable city standards. Such systems are also designed to reflect the unique characteristics of the district.

(Ord. 87-02-987 § 5 (part) and (D); Ord. 86-03-969 § 5 (part), 1986)

   A.   Purpose. It is the goal of the city to provide a mix of housing opportunities, including single-family residential neighborhoods, within residential districts. To this end, within the PD-1 and PD-2 districts, for projects where area of the parcels exceed forty thousand square feet (prior to dedications), at least thirty percent of the dwelling units shall be single-family detached units, except as otherwise provided herein.

   B.   Reduction in Single-family Units. With approval by the planning commission of a conditional use permit the percentage of single-family detached dwelling units may be reduced, within the PD-1 and PD-2 districts, but shall not be less than fifteen percent of the total dwelling units; provided, that the planning commission makes one or more of the following findings:

   1.   Slopes in excess of fifteen percent, or other features of topography; excessive grading; lack of usable open space; the protection of views; unusual site constraints and encumbrances including easement, oil leases, etc.; excessive public improvements, public utility requirements; or other exceptional conditions make it desirable to reduce the percentage of dwelling units required to be single-family detached;

   2.   The findings required by Chapter 20.64 to grant a conditional use permit have been made. Any fractional results shall be rounded up.

   C.   Calculation of Single-family Units. Where a density bonus has been granted pursuant to Sections 20.14.070(B) and 20.16.070(B), the percentage of single-family detached dwelling units required by this section shall be determined based upon the gross number of units in the project after the bonus has been granted.

(Ord. 87-02-987 § 5(E) (part))