The intent of this section is to permit, through design innovation, flexibility in the development of one-family residential housing patterns on sites where the conventional subdivision approach to residential development would either destroy the unique environmental significance of the site or is impractical for conventional subdivision approach, or where a transitional type of residential development is desirable. To accomplish this, the following modifications to the one-family residential standards of this Zoning Code may be permitted, subject to the conditions herein imposed:
(a) In the One-Family Residential Districts, the clustering of one-family dwellings may be permitted. In approving areas for one-family residential cluster development under this section, the Planning Commission shall find that at least one of the following characteristics exists on the land:
(1) An area generally parallel to, and generally not in excess of 360 feet in depth, on those unsubdivided parcels of land abutting a major thoroughfare or freeway of at least 120 feet of right-of-way width or greater so as to provide a transition between such major thoroughfare and conventional one-family detached housing areas; or
(2) An unsubdivided area which the Planning Commission finds:
A. To be of unusual shape;
B. To be composed of generally unbuildable soils over a majority of the total site area;
C. To be characterized by major stands of trees, streams or other natural or man-made watercourses which extend over the greater part of the site and which, as significant natural assets, should be preserved; or
(b) The area to be set aside as open space shall represent at least twenty percent of the total area of the site. Open space may contain accessory structure and improvements appropriate for recreational purposes, such as recreational trails, picnic areas, children's play areas, greenways, or lineal parks.
(1) Open space should be designed and located to:
A. Be contiguous to all or most of the dwelling units on site;
B. Be between the cluster housing development and any adjacent conventional single-family development;
C. Provide links to other permanent public open space when applicable; and,
D. Preserve all sensitive environmental features and natural areas of significant value.
(2) Open space shall not include:
A. The area of any street right-of-way;
B. Easements for utilities;
C. The required setbacks between residential structures;
D. Any parking areas; or,
E. Detention and/or retention basins.
(c) (Repealed)
(d) Under this section, the attaching of one-family homes in clusters, or the detaching of one-family homes in clusters, shall be permitted subject to the following conditions:
(1) The attaching of one-family homes within a cluster shall be permitted when such homes are attached either through a common party wall or garage wall, which wall does not have over fifty percent of an individual wall or more than twenty-five percent of the total exterior walls of the living area of a one-family home in common with the wall or walls of the living area of an adjoining home, or by means of an architectural detail which does not form interior room space, or through a common party wall in only the garage portion of adjacent structures.
(2) The detaching of one-family homes within clusters shall be permitted, provided such homes are spaced not less than six feet apart when opposing dwelling unit walls contain no openings, and not less than ten feet apart when opposing dwelling unit walls contain openings. The distance between opposing garage walls within a cluster shall meet local fire codes, except that in no case shall such walls be less than six feet apart.
(3). The maximum number of homes in a cluster may be subject to review by the Planning Commission, but in no case shall a cluster contain less than two homes or more than four homes.
(4) No structure within a cluster shall be located closer than thirty-five feet to any interior private street or drive, public right of way or, in the case of site planned development, peripheral property line.
Clusters of one-family homes shall be arranged on the site so that none shall face directly into a major thoroughfare, nonresidential district or nonresidential use. All cluster housing units shall include at least one attached enclosed garage with door for each dwelling unit. The Planning Commission may modify this garage attachment requirement, provided that detached enclosed garages are provided in groups that will not exceed the number of dwellings in the cluster the garages are intended to serve, and provided, further, that such garages are located within thirty-five feet of the housing cluster they are intended to serve.
(e) Each cluster of attached or detached one-family homes shall be separated from any other cluster of one-family homes by a minimum distance of twenty-five feet. However, the Planning Commission may modify the strict application of the distance in those instances where it is found that a natural amenity would be destroyed, or that topographical or soil conditions or the physical constraints of the site limit a practical dimensional separation of clusters.
(f) An applicant seeking use of the one-family cluster option shall submit a site plan to the Planning Commission for consideration. Such site plan shall include an explicit statement from the applicant detailing how the proposed site meets the criteria set forth in subsection (a)(2) hereof. The Commission, in making its review, shall find that the site possesses at least one of the requirements for qualification outlined in subsection (a)(1) hereof before approving the application. The Commission shall conduct its review in accordance with the public hearing requirements set forth in Section 1262.07.
(g) Site plans shall provide the following:
(1) The structural outline (building envelope) of all structures proposed on the site;
(2) Architectural renderings of building facade elevations within a typical cluster;
(3) The areas to be dedicated as open space and recreational use, showing access, location and improvements. Assurance of the permanence of the open space and provision for its continued maintenance shall be submitted for review and approval by the City Attorney. The City Attorney shall review and render an opinion with respect to:
A. The proposed manner of holding title to the open space;
B. The proposed manner of payment of taxes;
C. The proposed method of regulating the use of open land;
D. The proposed method of maintenance of property and the financing thereof; and
E. Any other factor relating to the legal or practical problems of ownership and maintenance of the open land.
(4) The location of access drives, streets, off-street parking areas, sidewalks, trash receptacles, etc.; and
(5) The location, extent and type of landscaping in accordance with Section 1298.09.
(h) The applicant shall submit, as a part of his or her site plan, proposed building elevations and typical floor plans. Elevation drawings shall be drawn to scale and need only be a sample of development throughout the site. However, where more than one type of structural design is intended, sample elevation and corresponding floor plans for each type shall be submitted.
(i) In reviewing the site plan for application of the one-family cluster option to a particular site, the Planning Commission shall require that a landscaped undulating earth berm, at least six feet in height at its lowest elevation, be provided along the entire property line of any boundary line abutting a major thoroughfare or nonresidential district. The berm shall not be included as any part of a side or rear yard, but may be a part of an adjoining open space area. Earth berms, where employed on the site, shall be designed so as not to obscure clear vision at street intersections. The Commission may permit an optional landscape treatment that is consistent with Section 1298.09 and that will serve as an effective screening barrier when a landscape berm is not practical due to site conditions or constraints.
(j) Approval of a site plan under this section shall be effective for one year from the date of approval, with one-year extensions permissible. Development not started in this period shall be considered as abandoned and authorization therefor shall expire. In such case, any proposed development thereafter shall be resubmitted for review and approval by the Planning Commission. Any proposed change in a site plan after approval has been granted shall require review and approval by the Commission prior to effectuating such change.
(k) Approval criteria. In addition to site plan approval, the Planning Commission shall review and approve the one-family clustering option upon a positive finding that all of the following criteria have been met:
(1) The design shall promote the goals, objectives, and policies of the City's Comprehensive Plan.
(2) Open space areas shall be provided in suitable locations that offer convenient access by residents and adequate screening from nearby dwelling units. Such land must be maintained in a perpetually undeveloped state, and there should be in place an agreement or plan satisfactory to the Planning Commission which ensures proper maintenance of the open space areas.
(3) Natural assets, wildlife habitat areas, or sites having cultural value shall be protected.
(4) Individual lots, buildings, and roadways, and open space areas shall be designed to minimize their impact on environmental site features.
(5) Clustering of the dwelling units shall occur in a manner which preserves the basic amenities and qualities normally associated with single-family living (such as, but not limited to: privacy, personal open space, and adequate lighting and ventilation) while allowing for innovative site layout and open space areas.
(Ord. 458. Passed 1-4-89; Ord. 796. Passed 9-8-04.)