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SEC. 13.04.  “RPD” RESIDENTIAL PLANNED DEVELOPMENT DISTRICTS.
   (Amended by Ord. No. 141,474, Eff. 2/27/71.)
 
   *A.   Purpose – The purpose of the regulations set forth in this section is to provide for the establishment and control of residential planned developments. It is the intent of this section to promote and achieve greater flexibility in design, to encourage well–planned neighborhoods with adequate open space which offer a variety of housing and environments through creative and imaginative planning as a unit, to increase housing opportunities for low and moderate income households, and provide for the most appropriate use of land through special methods of development. (Amended by Ord. No. 145,927, Eff. 6/3/74.)
 
   * If any provision of this ordinance, or the application thereof to any person, property or circumstance, is held invalid, the remainder of this ordinance, or the application of such provisions to other persons, property or circumstances, shall not be affected thereby.
 
   B.   Application. The provisions of this section shall apply to districts wherein residential planned developments are permitted.
 
   C.   Requirements for Filing. Each application for the establishment of an RPD District shall be accompanied by a preliminary plot plan of the proposed development showing the expected locations and arrangement of lots, structures, streets, driveways, easements, open space, parks, schools, and so forth. Such plans shall indicate the layout of the proposed development, and its appearance, characteristics and compatibility with the City’s General Plan and existing local conditions.
 
   In addition to the foregoing, each application for the establishment of an RPD District in “H” Hillside or Mountainous Areas shall be accompanied by the following:
 
   1.   Detailed Topographic Survey. The topographic survey shall include an accurate topographic survey at a minimum scale of 1" = 100' with contour intervals of 5 and 25 feet. Such survey shall accurately indicate the location of the property lines.
 
   2.   Basic Preliminary Grading Plan. The preliminary grading plan shall be prepared by a licensed civil engineer. This plan shall be at a minimum scale of 1" = 100' and shall include the following:
 
   a.   Tract number
 
   b.   Legal description.
 
   c.   Names, addresses and telephone numbers of the record owner, subdivider and design engineer.
 
   d.   North arrow, engineering scale and date.
 
   e.   The widths and approximate grades of existing and proposed rights of way within and adjacent to the property involved
 
   f.   Locations, widths and approximate grades of existing and proposed highways and streets.
 
   g.   Lot layout, approximate dimensions, proposed elevation and number of each lot.
 
   h.   Existing and proposed contours of the land.
 
   i.   Proposed method of sewage disposal and drainage.
 
   j.   Existing and proposed zoning.
 
   3.   Preliminary Geological and Soils Engineering Reports. These reports shall be sufficiently detailed to provide a basis for a reasonable evaluation of geological and soils conditions on and adjacent to the site of the proposed RPD, and shall contain as a minimum the following:
 
   a.   A geologic map showing all exposures of rock soil and alluvium, fill, landslides, slumps, zones of bedrock and soil creep, suspected fault and shear zones, joints and fractures. The geologic map must be based upon an accurate topographic map or the preliminary grading plans upon a scale commensurate with items 1 and 2 above, and reflect careful attention to the bedrock and soil types present and the geologic structure, either exposed or inferred by other geological data obtained on the site.
 
   b.   A geologic report including definite statements, conclusions and recommendations concerning the following:
 
   (1)   Location and general setting with respect to major geographic and/or geologic features.
 
   (2)   Topography and drainage in the subject area
 
   (3)   Abundance, distribution, and general nature of exposures of earth materials within the area
 
   (4)   A reasonable evaluation and prediction of the performance of any proposed cut and fill slopes in relation to geological conditions.
 
   (5)   An evaluation of existing and anticipated surface and subsurface water circulation in terms of the proposed development.
 
   (6)   Recommendations concerning future detailed subsurface exploration.
 
   c.   A preliminary soils engineering report, based upon an examination of the site in sufficient detail to provide the following:
 
   (1)   General anticipated bearing characteristics of earth materials.
 
   (2)   Lateral stability of earth materials, especially fill slopes.
 
   (3)   Problems of excavation and fill placement.
 
   (4)   Handling of seepage water, soil stripping and special treatment of soils on the site.
 
   (5)   Evaluation of deep canyon fills, side hill fills and any special preparation of areas in which fill is to be placed.
 
   (6)   Estimation of the swell characteristics of earth materials and special design problems that may be anticipated.
 
   (7)   Delineation in general of all areas where future subsurface exploration sampling and testing may be necessary.
 
   Sufficient copies of the above maps, plans and reports shall be provided by the applicant for the purpose of distribution to members of the Subdivision Committee. The required plans and data shall be directed to the Advisory Agency for analysis, report and recommendation by the Subdivision Committee on all matters within the purview of said Committee. the Committee members shall, within 40 calendar days of the filing of the application for an RPD District, transmit their reports and recommendations to the Advisory Agency. Within ten calendar days thereafter, the Advisory Agency shall transmit the report and recommendation to the Subdivision Committee of the Planning Commission. However on an application for the establishment of an RPD District in “H” Hillside or Mountainous Areas those time limits may be extended by mutual consent of the applicant and the Advisory Agency. (Amended by Ord. No. 142,117, Eff. 7/31/71.)
 
   Where a proposed development constitutes a portion of a single ownership which is to be developed in phases, the applicant shall submit a projected general plan of land use, circulation and anticipated sequence of development for the entire ownership. Said plan shall be of sufficient detail to indicate the proposed relationship of the entire development and individual phases thereof to the General Plan of the area and to existing adjoining development and proposed adjoining development which has been approved by the City.
 
   D.   Establishment of District and Other Requirements – In order to achieve the purpose of a residential planned development and to assure that such establishment will substantially comply with the applicable elements of the City General Plan, the RPD District shall be subject to the following requirements:
 
   1.   Establishment of District Height and Area Regulations.  (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)  The Council shall in the ordinance establishing an RPD District also establish the density area regulations, and height regulation applicable to the district.  The height and area regulations, including peripheral setbacks, of the zone in which the land is located, shall not apply to structures, buildings and lots in an approved RPD District.  However, the setback requirements of the zone in which the RPD District is located shall be the minimum setback from the periphery required for structures and buildings within the RPD District itself.  Whenever the City Planning Commission recommends that the Council adopt an ordinance establishing an RPD District, it shall also recommend maximum density, height and area limitations, including peripheral setbacks, and shall transmit to the Council the recommended plan of development for the entire proposed development.  At the time the Council is considering the establishment of an RPD District, it shall submit to the City Planning Commission for report and recommendation any revised or alternative development plans submitted by the applicant prior to final action.  The Commission shall act on a revised or alternate plan within 50 days of receipt of the file from the Council.  Should the City Planning Commission fail to act within the 50 days, the applicant may request transfer of jurisdiction to the Council.
 
   2.   Density. The ordinance establishing an RPD District shall contain a number suffixed with said district symbol which shall be indicated within the boundaries of each zone classification within such district. Said number shall be the average number of dwelling units permitted per acre of land, exclusive of public streets, in the residential planned development, or portion thereof, e.g. RPD–1, RPD–2, etc. Such designation or designations shall be indicated upon the Zoning Map. In any RPD District, or differently zoned portion thereof, the average number of dwelling units per acre of land, or fraction thereof, exclusive of public streets, shall not exceed the maximum number of dwelling units permitted by the underlying zone or zones within such district or portion thereof, pursuant to the following schedule:
 
(Amended by Ord. No. 161,716, Eff. 12/6/86)
 
Zone
Detached Single Family Dwellings
or
Townhouses
or
Dwelling Units in Apartments
RE 40
1.0
"
"
RA; RE 20
2.0
"
2.0
"
RE 15
2.9
"
2.9
"
RE 11
3.9
"
3.9
"
RE 9
4.8
"
4.8
"
RS
5.8
"
5.8
"
R1
8.7
"
8.7
"
RU
12.4
"
12.4
"
RD 6
"
7.0
"
7.0
RD 5
"
8.7
"
8.7
RD 4
"
10.8
"
10.8
RD 3
"
14.5
"
14.5
RZ 2.5
17.4
"
17.4
"
R2
"
17.4
"
RD 2
"
18.6
"
21.7
RD 1.5
"
18.6
"
29.0
R3
"
32.6
"
36.0
R4
"
32.6
"
54.0
 
   The total number of dwelling units within an RPD District located in an “H” Hillside or Mountainous Area established pursuant to Section 12.32–H of this Code, shall not exceed the density indicated on the General Plan for such area or the maximum number of dwelling units permitted by the underlying zone or zones within such district pursuant to the above schedule, whichever is less, and only detached single family dwellings or townhouses shall be the types of housing permitted thereon.
 
   3.   Area or District.
 
   a.   Every RPD District shall have an area of 3 acres or more exclusive of public streets. Provided, however, that an RPD District may have an area of 5,000 square feet, or the minimum lot area required by the zone, whichever is greater, or more, exclusive of public streets, whenever the underlying zone of such district is in the RD6, RD5, RD4, R2, RD2, RD1.5, R3, or R4 Zone.
 
   b.   The Commission and the City Council may approve an RPD District having an area less than required herein if said district adjoins and will constitute an integral part of an existing RPD District and the proposed development is in harmony with that permitted in the existing RPD District, the existing and proposed plans for adjacent areas and the General Plan. In no event may the proposed RPD District be approved with an average density exceeding that permitted in the existing RPD District.
 
   E.   Standard Residential Conditions.  The following standard residential conditions shall apply to each RPD District. In addition, after report and recommendation by the Commission, the Council may, by ordinance, impose any other conditions as it deems necessary and proper at the time of establishing such district. In its report to the Council relative to the establishment of an RPD District, the Commission may recommend such other conditions as it deems necessary or desirable in carrying out the general purpose and intent of this section. The standard residential conditions are as follows:
 
   1.   Final Subdivision Map or Parcel Map. No building permit shall be issued for any building within an RPD District, except for sales models, recreational buildings or community facilities, unless a Final Subdivision Tract Map or Parcel Map has first been recorded for the property on which the building is located.
 
   2.   Coverage. The Commission shall recommend to the City Council the proportion of the total development site to be covered by buildings and structures.
 
   3.   Separation Between Buildings. The Commission shall recommend to the City Council the minimum separation between all buildings in the development but in no event shall there be less than 20 feet of space between townhouse buildings of two or more stories.
 
   4.   Open Space. Common open space shall comprise at least 25 per cent of the land area exclusive of streets, provided, however, that where the applicant submits evidence to the satisfaction of the Commission that the particular development will contain compensatory characteristics which will provide as well or better for planned unit development within the intent of this section, the Commission may recommend modification of said requirements to the Council. At least half of the required common open space shall be of not more than 15% slope.
 
   The common open space shall be land within the total development site used for recreational, park or environmental purposes for enjoyment by occupants of the development, but shall not include public streets, driveways, utility easements where the ground surface cannot be used appropriately for common open space, private yards and patios, parking spaces nor other areas primarily designed for other operational functions.
 
   5.   Private Streets. Private streets shall not be permitted in RPD developments.
 
   6.   Parking. There shall be at least two automobile parking spaces for each townhouse or detached single family dwelling in a residential planned development. Said spaces shall be provided in a private garage. There shall be at least two off-street parking spaces per dwelling unit provided for other residential buildings. Provided, however, that in an “H” Hillside or Mountainous Area there shall be at least three off-street automobile parking spaces provided for each dwelling unit in a residential planned development. In the case of a townhouse or detached single family dwelling, two of the said required three parking spaces shall be provided in a private garage. Provided, further, that the Commission in connection with any residential planned development may recommend to the Council such additional number of spaces as it deems necessary to adequately provide for the needs within the district. For non–residential buildings, the Commission may recommend to the Council the number of parking spaces required, but if no such determination is made, the provisions of Section 12.21–A of this code shall apply.
 
   7.   Utilities. All new utility lines, pursuant to Section 17.05N, and all new off-site service utility lines, necessary to serve the development, shall be installed underground.
 
   8.   Townhouses. The width of each townhouse in the project shall average at least 20 feet. There shall be a separate private yard with a total area of at least 320 square feet adjacent to each townhouse unless equivalent alternate arrangement of patios or roof decks are provided within the preliminary plot plan, and approved by ordinance. No building shall contain more than eight townhouses.
 
   9.   Separate Lots. No portion of land within a residential planned development shall be divided or separated in ownership unless it is first recorded as a separate and distinct lot on a recorded final Subdivision Tract Map or Parcel Map.
 
   Every lot for a residential building (except a detached single family dwelling or townhouse), church, school, hospital or infirmary shall have a minimum width of 50 feet and a minimum area of 5,000 square feet, or such additional widths or areas as may be required by the Commission and the Council. Each such lot shall front for a distance of at least 20 feet upon a street.
 
   All lots for detached single family dwellings in the project shall be at least 35 feet wide and said lots shall have a minimum area of 3500 square feet or such additional areas or widths as may be required by the Commission and the Council in the ordinance establishing the district. Each such lot shall front for a distance of at least 20 feet upon a street.
 
   Each townhouse lot in the project shall average at least 20 feet in its narrowest dimension. Said lots shall have a minimum area of 1750 square feet or such additional areas or widths as may be required by the Commission and the Council in establishing an RPD District. Provided, however, that where the underlying zone of a lot for a townhouse is in the R3 or R4 Zone said lot may have an area of at least 1,000 square feet or such additional area as may be required by the Commission and the Council. Any lot for a townhouse need have only such access or street frontage as is shown on the approved final development plans.
 
   10.   Separate Units. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either, (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association, owning the common areas and facilities.
 
   11.   Maintenance. The right to maintain the buildings and use the property for a residential planned development shall continue in effect only so long as all of the mutually available features, such as recreational areas, community buildings, landscaping, as well as the general appearance of the premises and buildings are all maintained in a first class condition and as indicated on the approved Final Development Plans.
 
   12.   Covenants. The provisions of Standard Condition 11 shall be included in the conditions, covenants, and restrictions applying to the property, which are recorded in the Office of the County Recorder and copies of said provisions shall be furnished to the individual purchasers of units in the development.
 
   The provisions of Standard Condition 11 shall also be in each of the preliminary and final drafts of the conditions, covenants, and restrictions submitted to the Real Estate Commissioner.
 
   13.   Sale of Lots or Units. No dwelling unit or lot shall be sold or encumbered separately from an interest in the common areas and facilities in the development which shall be appurtenant to such dwelling unit or lot. No lot shall be sold or transferred in ownership from the other lots in the total development, or approved phase of the development, unless all approved community buildings, structures, and recreational facilities for the total development, or approved phase thereof, have been completed, or completion is assured, by bonding or other method satisfactory to the Advisory Agency.
 
   14.   Management Agreement. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owners group or similar entity has been formed with the right to assess all those properties which are jointly owned with interests in the common areas and facilities in the development to meet the expenses of such entity, and with authority to control, and the duty to maintain all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants and restrictions which shall include compulsory membership of all owners of lots and/or dwelling units, and flexibility of assessments to meet changing costs of maintenance, repairs and services. The developer shall submit evidence of compliance with this requirement to and receive the approval of the Advisory Agency prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes.
 
   *15. Low and Moderate Income Dwelling Units. (Added by Ord. No. 145,927, Eff. 6/3/74.) Every residential planned development shall provide low and moderate income dwelling units as provided in Section 12.39** of this code.
 
   * If any provision of this ordinance, or the application thereof to any person, property or circumstance, is held invalid, the remainder of this ordinance, or the application of such provisions to other persons, property or circumstances, shall not be affected thereby.
 
   ** Section 12.39 was repealed by Ord. No. 180,308 Eff. 12/7/08.
 
   F.   Final Development Plans.  (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)  Any final development plans shall be in substantial conformance with the preliminary plans.  Prior to the issuance of any permits for the erection or enlargement of any buildings within an established RPD District, final precise site and elevation plans for all buildings and landscaping within the district or approved phase of the development, shall be submitted to and approved by the Zoning Administrator and to the Area planning Commission on appeal.  If the original action establishing an RPD District included the submission and approval of final precise plans for the complete development, building permits may be issued in accordance with those plans.  In connection with the review of final development plans, deviations in any of the conditions previously established may be authorized pursuant to the provisions of Subsection I of this section.
 
   G.   Permits – No permit shall be issued for grading, or for the erection, enlargement or maintenance of buildings or structures for a residential planned development, and no person shall perform any such development or construction work, except in full compliance with the final development plans approved as herein provided.
 
   No building permit shall be issued for other than approved model units until the conditions, covenants, and restrictions required by Section 13.04-E,12 have been submitted to and approved by the City Attorney.
 
   H.   Termination of Districts – Any authority to establish or maintain an RPD district pursuant to the provisions of this section shall terminate: (1) within one and one–half years after the effective date of the ordinance establishing such district unless a tentative subdivision map of the proposed development has been filed; (2) within two years of the tentative map approval, unless construction work on the first phase of the development has begun; (3) unless such work is carried on diligently to completion.
 
   Upon termination of a district, the Zoning Map shall be corrected by removing the district symbol.
 
   I.   Changes and Modifications. After an ordinance establishing an RPD District, and all of the conditions applicable thereto have been adopted by the City Council, the procedure for modifying such conditions shall be the same as that required for the establishment of an RPD District. If approved by the Council, the request for modification of such conditions shall be effectuated by the adoption of an ordinance amending the original ordinance establishing the particular district.