The purpose of this zone is to provide for residential and/or commercial uses in a planned, mixed use development. Industrial uses are not allowed under this designation. The ideal development under this RCPUD will be friendly to the environment by use of modern planning, architectural and engineering techniques meant to reduce air, water, ground and scenic contamination. The use of pedestrian friendly development is also encouraged and will be a standard used by the planning and zoning commission and the city council in reviewing the proposed projects. It is also the intent and purpose of this designation that through the use of a special use permit all adjacent property owners and citizens will participate in the planning process through public meetings. Further, it is the expressed intent that development take place in an orderly manner that includes the existing or potential uses of surrounding properties and all property under the proponent's control. In order to provide maximum flexibility in design and quality of development, the city council may agree to proposed modifications in the requirements of title 10 and title 11 of this code. (Ord. 2006-07, 5-16-2006)

Standards for residential/commercial planned unit development (RCPUD) zone.

   A.   Permit: The city council may grant (upon recommendation from the planning and zoning commission) an RCPUD permit for such land in the RCPUD zone which it finds meets the requirements of this chapter. For purposes of this chapter, an RCPUD permit shall be one and the same as a special use permit ("SUP") as issued under chapter 10 of this title, however, with the additional requirements set out in this chapter. The city council may impose such additional conditions and requirements upon an RCPUD permit as it finds are reasonable and necessary to carry out the purposes and requirements of this chapter.

   B.   General Requirements: The general requirements for the RCPUD zone are as follows:

      1.   Application: An application for an RCPUD permit may be filed by the owner of the property or his/her authorized agent. Such application requests shall be filed with the community development department. No application request shall be accepted for filing and processing unless it conforms to the requirements of this title, and the public hearing notice procedures set forth in chapter 10 of this title for special use permits. The requested average number of units per acre shall not exceed four (4) per gross acre, and must be consistent with the master plan land use designation. The city council may allow density averaging in order to maximize the amount of open space provided. An increase in density to not more than eight (8) units to the gross acre may be approved if the development proposes a large amount (1 acre per 20 residential units minimum) of passive or active open space.

      2.   Content Of Applications:

         a.   The content of the RCPUD permit application shall be accompanied by the prescribed number of copies of a project plan and such other detailed elevations, plans and other information as may be required to adequately evaluate the proposed development. For a commercial and/or residential subdivision project requiring an RCPUD permit, a plat map application shall not be complete until an application is also filed and determined complete for an RCPUD permit consistent with the requirements of this chapter and the provisions of this title.

         b.   The following information is required for submittal for an application for an RCPUD permit under this chapter which shall be in addition to that required in chapter 10 of this title for special use permits. The information is to be supplied in a booklet form (and in digital form) that may later be used by the city as an addendum to city regulations related to land use and building permit issuance. The project plans shall include the following information:

            (1)   A map showing division of the land for the sale of the individual property, if any;

            (2)   Existing contours at two (2) foot intervals if the existing ground slope is less than ten percent (10%) and not less than five foot (5') intervals for existing ground slopes greater than or equal to ten percent (10%). Contour intervals shall not be spread more than one hundred fifty (150) feet apart and existing contours shall be represented by dashed lines or by screened lines;

            (3)   Location of all living trees having a trunk diameter of four inches (4") or more measured at four and one-half feet (4-1/2') above the root crown, and other major natural features shall be shown;

            (4)   Proposed automobile and bicycle access and pedestrian way locations and dimensions. Proposed off-street parking, including the location, number of stalls, dimensions and circulation system;

            (5)   Proposed loading areas, including the location, dimensions, and number of berths;

            (6)   Lot dimensions and all recorded easements;

            (7)   Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi-public buildings and other uses;

            (8)   Areas proposed for commercial uses, multi- and single-family dwellings, or other uses proposed to be established within the project;

            (9)   Proposed location and elevations of buildings on land including dimensions, the size of the structure, height, setback, materials and yard areas;

            (10)   All proposed signs and their locations, size and height;

            (11)   Proposed landscaping walls, fencing, screening, trash collection areas, and usable open space areas;

            (12)   Location and size of existing and all proposed utility lines and drainage;

            (13)   A schedule for the development if phasing is proposed;

            (14)   Tabulation of total number of acres in the proposed project and the percent thereof designated for various uses; and the number of dwelling units proposed by type of dwelling for each unit of development;

            (15)   Construction materials and colors;

            (16)   Such additional information as may be required by the director of the community development department, to clarify, amplify, correct, or otherwise supplement the information required for the application, and to comply with the provisions of titles 10 and 11 of this code. The director may waive or modify the RCPUD permit application requirements, listed above, if such items are found not to be applicable to the proposed development;

            (17)   If the applicant disagrees with the application requirements enumerated herein and as determined by the director of the community development department, he/she may appeal the director's decision to the planning and zoning commission within sixteen (16) days of the director's decision and before the application has been determined complete. The cost of the appeal shall be as established by city council resolution.

      3.   Development Standards: Development standards, including but not limited to building height, minimum lot size, and setbacks for the respective residential or commercial zones, shall be consistent with the standards and requirements set forth in title 10 and title 11 of this code, unless modified by the city council.

         a.   RCPUD Zone Setback Regulations: The following regulations shall apply to the RCPUD zone unless modified by the city council. (Setbacks for structures and uses not listed below shall be consistent with setback requirements of title 10 of this code as determined by the director of the community development department to be comparable or equivalent to said structures and uses. If no such comparable or equivalent can be found, then as reasonably determined by the director.)

         b.   Setbacks For Single-Family Residential Projects:

            (1)   Front setback: overall average of twenty feet (20') is required for tract with a minimum setback of twenty feet (20'). The front setbacks of dwelling units shall be varied so as to provide visual variety.

            (2)   Minimum side setback from any public street: ten feet (10').

            (3)   Minimum side setback on an interior lot: five feet (5').

            (4)   Sum of side yards on any lot: minimum of ten feet (10').

            (5)   Minimum distance between structures that are separated by a side lot line and do not share a common wall: twelve feet (12') for single story; fifteen feet (15') for two (2) stories.

            (6)   Minimum setback from a rear lot line: twenty feet (20') for a house, ten feet (10') for an enclosed patio, ten feet (10') for an open patio cover or balcony, and five feet (5') for an accessory structure.

            (7)   Two (2) story residences with windows facing the adjacent property shall have a minimum ten foot (10') side yard setback (second story only) and a minimum twenty foot (20') rear yard setback from the adjacent property line,

         c.   Setbacks For Multi-family Residential Development Projects:

            (1)   Minimum landscaped setback of twenty feet (20') with an average landscaped setback of twenty-four feet (24') from any primary or secondary arterial street and twenty feet (20') from any collector, minor or cul-de-sac street.

            (2)   Minimum interior yard side setback: ten feet (10').

            (3)   Minimum rear setback: as determined by the RCPUD Permit.

            (4)   In the case of RCPUD subdivisions involving townhouse developments, the setbacks shall be measured from the exterior property lines surrounding the project.

      4.   Height Requirements: The following regulations shall apply to the RCPUD zone unless modified by the city council or planning and zoning commission:

         a.   The maximum height of a single-family residence may be increased above twenty-five feet (25'), to a maximum of thirty-five feet (35'), if the side yard setback is at least fifteen feet (15').

         b.   The maximum height for a multi-family residential structure shall be thirty-five feet (35').

         c.   For single-family and multi-family residential structures, no more than three (3) stories shall be permitted.

         d.   The maximum height of accessory structures shall be fifteen feet (15'), with the exception that the maximum height of a patio cover shall be twelve feet (12').

      5.   Minimum Lot Area: Shall be as specified by the RCPUD permit.

      6.   Parking Requirements: Parking shall be provided as required in chapter 13 of this title.

      7.   Utilities: All utilities shall be located underground.

      8.   Findings: An RCPUD permit may only be granted if all of the following findings can be made based on factual evidence and testimony presented at the public hearing:

         a.   Finding that the planned development is consistent with the intent and provisions of the city's master plan, zoning code and any applicable specific plan;

         b.   Finding that the planned development is compatible with the character of surrounding development;

         c.   Finding that the planned development would not be obnoxious or harmful, or impair the utility of the neighboring property or uses;

         d.   Finding that the planned development would not be detrimental to the public interest, health, safety, convenience or welfare; and,

         e.   Finding that the planned development has met or exceeded the requirements and recommendations of the "purpose" of this zone designation. (Ord. 2006-07, 5-16-2006)

The requirements of title 10 of this code, for granting a special use permit, shall be followed for purposes of seeking an RCPUD permit. The requirements set forth in this chapter shall be in addition to and not in lieu of the requirements for a special use permit found in chapter 10 of this title. (Ord. 2006-07, 5-16-2006)

Those uses allowed in the RE-1 zone are permitted by right if the property owner does not wish to proceed with the application for an RCPUD permit. (Ord. 2006-07, 5-16-2006)