Sec. 9-4.904.  Development standards (R-P-D).
   Unless otherwise specifically waived or modified by the Commission, the following development standards are established as the minimum deemed necessary to ensure the public health, safety, and welfare within the R-P-D Zone and to accomplish the intent and purpose of this article:
   (a)   Construction sequence.  The applicant shall submit a construction sequence for the land covered by the permit showing the order in which particular structures will be constructed, and, upon the approval of the sequence, the applicant shall not deviate from such sequence without written approval by the Community Development Director.  At no time shall there be more than an average of the allowable units per net acre constructed, or under construction, on the portion of the land which has been developed or is under development.
   (b)   Parking spaces. The number of parking spaces required shall be based on the requirements by type of residential development as set forth in Sec. 9-4.2402 of this chapter. The Commission may require additional uncovered parking spaces when it is found that such parking is necessary for the development, taking into consideration the availability of on-street parking facilities in and adjacent to the development. All covered parking shall be obscured from the public view where visible from perimeter streets by means of a wall enclosure or landscape screening consisting of dense vegetation and earth mounding.
   (c)   Open parking areas, driveways, and parking lots.  The general requirements for open parking areas, including driveway and parking lots, shall be as follows:
   (1)   Size.  Each off-street parking space shall be at least nine (9’) feet by twenty (20’) feet, exclusive of drives and aisles.  The twenty (20’) foot depth may be reduced to eighteen (18’) feet, and bumper stops may be waived; provided the parking space faces a minimum six (6’) foot wide planter for each row of parking, and the area of car overhang will not damage or interfere with plant growth and its irrigation.  Concrete bumper guards or wheel stops shall be provided for all parking spaces where deemed necessary by the Community Development Director, i.e., to channelize traffic flow, protect structures and landscaping, and prevent overhang into a pedestrian area, except as otherwise set forth in this subsection or for parallel parking.
   (2)   Improvements.  Improvements shall conform to those requirements set forth in subsection (1) of subsection (c) of Section 9-4.2404 of Article 24 of this chapter.
   (3)   Driveways.
   (i)   Each entrance and exit to a parking lot shall be constructed and maintained so that any vehicle entering or leaving the parking lot shall be clearly visible at a distance of not less than ten (10’) feet to a person approaching such entrance or exit on any pedestrian walk or footpath.
   (ii)   Exits from parking lots shall be clearly posted with “Stop” signs.
   (iii)    Appropriate directional signs shall be maintained where needed and as required by the Community Development Director.
   (iv)   Driveway access to parking spaces for single-family dwellings shall not be less than ten (10’) feet in width throughout, and turnaround areas may be used for the required parking spaces.
   (v)   Driveway and vehicular access ways shall have thirty-six (36') feet of pavement width when:
   (aa)    The design indicates that parallel parking may occur which is permitted on one side of the driveway only;
   (ab)    A hazardous type of construction is allowed;
   (ac)    Access drives are longer than one hundred fifty (150') feet, or structures are three (3) stories or more in height and are located on both sides of the drive; and
   (ad)    It is a main access route through the proposed development, which route either directly or indirectly services the entire project.
   (vi)   Driveways and vehicular access ways may have thirty (30’) feet of pavement width when:
   (aa)    The design indicates that perpendicular parking will not allow parallel parking, and structures are not over two (2) stories in height on both sides of the access drives;
   (ab)    Structures are not more than two (2) stories in height and have tuck-under parking on one side of the access drive and a carport or open parking on the opposite side.  All parking shall be perpendicular parking; and
   (ac)    Access driveways are not more than one hundred fifty (150') feet in length, and structures are not more than three (3) stories in height.
   (vii)    Driveways and vehicular access ways may have twenty-five (25’) feet of pavement width when the driveways are used strictly for vehicle parking, and the driveway is not used for direct access to any structure within the project.  All parking shall be perpendicular.
   (4)   General conditions.  Access requirements for all residential planned development permits shall be as follows:
   (i)   At least two (2) different routes of entrance and exit for emergency vehicles where streets are longer than 800 feet; and
   (ii)   Cul-de-sacs shall be limited to eight hundred (800’) feet in length and shall be terminated by a turnaround not less than eighty (80’) feet in diameter, or a hammerhead, or T-shaped turnaround area.
   (5)   Circulation.
   (i)   No parking spaces shall be located so that a vehicle will maneuver within ten (10’) feet of a vehicular entrance to the property.
   (ii)   A turnaround area shall be provided of at least twenty-five (25’) feet for ninety (90) degree parking, eighteen (18’) feet for sixty (60) degree parking, fourteen (14’) feet for forty-five (45) degree parking, and twelve (12’) feet for thirty (30) degree or parallel parking (provided there are at least four (4’) feet between each two (2) parallel spaces).
   (iii)    The length of all private driveways connecting with major private roads and all public streets shall be a minimum of twenty (20’) feet.
   (6)   Landscaping.
   (i)   Five (5%) percent of any open parking and driveway areas containing parking spaces for at least ten (10) vehicles, and not more than twenty-one (21) vehicles, shall be landscaped.  Ten (10%) percent of any open parking and driveway areas containing more than twenty-one (21) parking spaces shall be landscaped.  Such landscaped areas shall be distributed through the entire parking area as required by the Community Development Director.  All such required landscaped areas shall be computed on the basis of the total amount of parking and driveway areas provided (except spaces provided for enclosed vehicle storage areas).
   (ii)   Four (4) copies of separate landscape and irrigation plans meeting the City’s standards shall be submitted, with a landscape plan check fee as specified in the City’s Master Fee Resolution, to the Community Development Department and be approved by the Landscape Supervisor before issuance of an occupancy permit.
   (iii)   Landscape trees shall be selected and planted in such a manner as to minimize root damage to parking lot hardscape.  All trees planted shall be from the planting pallets contained within the Forestry Master Plan unless another species is approved by the Community Development Director.  Trees known to have shallow or invasive roots shall not be planted within parking lot areas.  Tree species should be chosen to maximize canopy coverage of parking lot areas.  Trees shall be provided with a minimum four (4’) foot by six (6’) foot planting hole (six (6’) feet by six (6’) feet preferred) or the largest planting area possible within any landscape design.  In addition, deep root watering methods shall be designed and incorporated to supply water for parking lot trees and root guards shall be placed behind any curb in the vicinity of the planted tree(s).
   (iv)   No approved landscaping shall be removed or tree pruned of live tissue in any parking lot area without the written authorization of the Community Development Department upon the submittal of a tree pruning proposal by a certified arborist or landscape architect.  Topping of trees or pruning to reduce canopy coverage within parking lots is prohibited.
   (v)   Plant material of a drought tolerant nature shall be used to the greatest extent possible in any parking area landscape design and planting.
   (vi)   Approved landscaping shall be permanently maintained in accordance with Section 1-6.01(e) of this Code.  Any redesign or alteration of an existing project landscaping shall be subject to approval of the Community Development Department and shall be accomplished through the filing of a Landscape Plan Check application, provided such alteration is consistent with all City codes, policies, and project entitlement conditions.
   (d)   Height, yards, and setbacks.
   (1)   Building height.  Refer to Sec. 9-4.2501(a) of this chapter for standards pertaining to building height in the R-P-D zone.
   (2)   Yards.
   (i)   Front yards. Front yards shall have a minimum of a twenty (20’) foot setback to all structures when adjacent to any public street, but this may be reduced to fifteen (15’) feet except where adjacent to primary or secondary highways and provided the structures are staggered by ten (10’) feet or more.
   (ii)   Side yards.
   (aa)    Apartment dwellings shall have side yards of fifteen (15’) feet or more, and the sum of the yards to the nearest foot shall equal or exceed thirty (30’) feet.
   (ab)    Single-family detached dwellings shall have a minimum side yard of five (5’) feet for one-story walls, or portions thereof, and a minimum of ten (10’) feet for two (2) story walls, except in the case of zero lot line dwellings or other types of housing utilizing a wall constructed on the lot line.  Directly opposite side walls shall have a minimum separation of ten (10’) feet for one-story walls and twenty (20’) feet for two-story walls.  Single-family detached dwellings built as zero lot line dwellings shall have a minimum side yard as specified in Section 9-4.904(d)(2)(ii)(ad) of this section.
   (ac)    “Townhouse” or “rowhouse” dwellings shall provide a side yard as required by the Uniform Building Code and by the residential planned development permit conditions.
   (ad)    Zero lot line dwellings that have no side yard on one side of the structure shall have a minimum side yard of ten (10’) feet on the opposite side of the structure.  In addition, if the zero lot line dwelling is greater than one story in height, the second story shall be set back at least ten (10’) feet from the property line upon which the structure directly abuts.
   (iii)    Rear yards.
   (aa)    Rear yards for multiple-family or townhouse dwellings shall be specified as part of the residential planned development permit where deemed necessary by the Commission.
   (ab)    Single-family detached dwellings shall have a minimum rear yard of at least twenty (20’) feet for one and two (2) story structures, and there shall be a minimum distance between directly opposite rear walls of at least forty (40') feet.
   (iv)    Yards: General.
   (aa)    No part of any structure shall be constructed less than twenty (20’') feet from any property line which is adjacent to a primary or secondary highway.  If such structure exceeds a height of twenty-five (25’) feet, it shall be set back from the property line an additional five (5’) feet for each ten (10’) feet in height, or portion thereof, by which such structure exceeds twenty-five (25’) feet.
   (ab)    For single-family dwellings when walls facing different yards or walls of different heights are directly opposite, there shall be a minimum separation of the sum of one-half (1/2) the required distance that each wall would require if it faced on an identical wall.  The walls of structures facing adjoining undeveloped land (including parks, greenbelts, channels, and the like) shall have a minimum of fifty (50%) percent of the applicable separation between opposite wall requirements unless adequate evidence is provided that future construction will conform to these requirements.
   (ac)    For single-family detached and townhouse dwellings, no accessory building or covered patio shall be erected closer than five (5’) feet to any side or rear property line.  Such structure shall, however, observe the standard side yard requirements for corner lots (ten (10’) feet) on the street side.  No covered patio shall cover more than forty (40%) percent of any required rear yard and no accessory building shall cover more than twenty-five (25%) percent of any required rear yard.
   (e)   Lot size, usable open space, and recreational requirements.
   (1)   There shall be provided for each single-family detached dwelling on each lot in a subdivision one thousand (1,000) square feet of usable open space, as defined in this subsection, plus an additional two hundred (200) square feet of usable open space for each sleeping room over two (2) in such dwelling.  However, if a dwelling is on a lot contiguous to permanent open space available to and usable by adjacent owners or the public, the area of required usable open space may be reduced by not more than twenty-five (25%) percent.
   “Usable open space,” for the purposes of this subsection, shall mean an open area on each lot for each single-family detached dwelling which is designed and intended to be used for outdoor living or recreation.  An area of usable open space shall not exceed a grade of ten (10%) percent, shall have a minimum dimension of at least twenty (20’) feet, and shall be adequately screened from the view of the general public; provided, however, up to twenty-five (25%) percent of this requirement may be provided in a side yard with a minimum dimension of not less than ten (10’) feet for a dwelling facing upon and orienting to such side yard.  “Usable open space” may include private deck areas or balconies with direct access to the dwelling and a minimum dimension of six (6’) feet and a minimum area of seventy (70) square feet.  “Usable open space” shall not include any portion of off-street parking spaces, driveways, turnaround areas, rooftops, required front yards or required side yards on the street side of a corner lot, covered patio pedestrian access ways between buildings, or any accessory building except those portions of any accessory building used for recreational purposes.
   (2)   There shall be an average of five thousand five hundred (5,500) square feet of lot area of a detached single-family dwelling unit in a residential planned development subdivision; provided, however, no lot area shall be less than five thousand (5,000) square feet.
   (3)   Wherever common greenbelts are provided contiguous to or integrated with lots containing detached single-family dwelling units in a residential planned development subdivision, such lots may be reduced to a minimum of five thousand (5,000) square feet without being computed within the average lot size as set forth in subsection (2) of this subsection.  However, such greenbelt areas shall be:
   (i)   Less than ten (10%) percent grade;
   (ii)   A minimum of five hundred (500) square feet for each contiguous lot;
   (iii)    At least thirty (30’) feet wide; and
   (iv)   In addition to the usable open space requirements for such lot as set forth in subsection (1) of this subsection.
   (4)   All townhouse ownership units with a density of seven (7) units per net acre or less shall have a minimum private yard area of four hundred (400) square feet with a minimum dimension of fifteen (15’) feet and with direct access to the unit.  Townhouse ownership units in excess of the density set forth in this subsection shall have private yard areas as required by the residential planned development permit.
   (5)   All apartment units shall have a minimum private patio or balcony area of one hundred (100) square feet and a minimum dimension of seven (7’) feet and with direct access to the unit.
   (6)   The provisions of Article 26 of this chapter relating to the dedication of land, payment of fees, or both, for park and recreational purposes shall be applicable to land for which R-P-D permits are required.  Said provisions shall serve to supplement the on-site recreational facilities as required in each R-P-D permit.  The applicant is also encouraged to provide on-site recreational facilities consisting of, but not limited to, those park elements as described in an adopted Council resolution for granting credit.
   (f)   Space allocation formula.  The formula set forth in this subsection is an evaluative tool to assist in determining the adequacy of space relationships involving structural covering, paved areas, and the open space system based on the density category of each project.  The definition of the space allocation components consists of:
   (1)   Structural coverage: all buildings, including carports and garages;
   (2)   Paved areas: driveways and parking areas; and
   (3)   Open space: all greenbelts, private yards, and open areas which are not less than fifteen (15’) feet in dimension and are not located in the setback area adjacent to frontage streets that are public rights-of-way.
   The following is a breakdown of the formula which should be used as a guideline in composing and evaluating the plot plans for each project:
Structured Coverage
Paved Areas
Open Space
All Other Areas
Low density (0 to 4.5 units per net acre)
Medium density (4.5 to 15 units per net acre)
High density (15 to 30 units per net acre)
   (g)   General standards.
   (1)   All new and existing utilities adjacent to or on the subject property shall be placed underground unless otherwise waived through the approval of an underground utility waiver application.
   (2)   All oak trees on the subject property shall be preserved in accordance with Article 42 of this chapter. Such trees shall be integrated within the landscaping plan, unless otherwise authorized for removal or relocation by an oak tree permit.
   (3)   The expiration of permits and the time extensions therefor shall be as set forth in Section 9-4.2811 of Article 28 of this chapter.
   (4)   For townhouse and apartment projects, adequate trash areas shall be provided and enclosed by a six (6’) foot high decorative block or slumpstone wall in locations approved by the Community Development Director.  Adequate solid gates and vehicular access to such areas shall be provided.  This may be waived where individual pick-up service to the units is provided.
   (5)   All surface-mounted mechanical equipment, including transformers, terminal boxes, or meter cabinets, shall be screened by landscaping and/or treated to match the materials and colors of the surrounding buildings.
   (6)   There shall be no open storage of materials or equipment within the project area except as approved by each permit.
   (7)   The storage of recreational vehicles within this zone shall only be permitted subject to the following provisions:
   (i)   Single-family residences.  Recreational vehicles may be stored on a lot occupied by a single- family detached home subject to the provisions of Section 9-4.2503(d).  Recreational vehicles may also be stored within a common storage facility, as provided herein.
   (ii)   Multiple-family residences.  Recreational vehicles may only be stored within an enclosed or covered parking space, or within a common storage facility, as provided herein.
   (iii)   Common storage facilities.  Recreational vehicles may be stored in a separate common storage facility for a development within the Residential Planned Development Zone.  The storage facilities shall be enclosed with a six (6') foot or higher decorative block wall with exterior landscaping, and the location and size shall be subject to the approval of the Commission.
   (iv)   Relationship to prior entitlements.  The regulations of this subsection shall supersede conflicting conditions of any Residential Planned Development permit granted prior to December 1, 2005, where the conditions may prohibit the storage of recreational vehicles or restrict the storage to a greater degree than provided by this section.
   (8)   The Commission may allow minor specified commercial uses, subject to the approval of a special use permit (within an area covered by the residential planned development permit) when the Commission finds that:
   (i)   The commercial uses are primarily designed for the use of residents within the permit area; and
   (ii)   The proposed commercial uses are incidental to, and compatible with, the nature and type of development proposed for the permit area.
   (9)   Approved landscaping shall be permanently maintained in accordance with Section 1-6.01(e) of this Code. Any redesign or alteration of an existing project landscaping shall be subject to approval of the Community Development Department and shall be accomplished through the filing of a Landscape Plan Check application, provided such alteration is consistent with all City codes, polices, and project entitlement conditions.
   (h)   Building expansions and other improvements within existing townhouse, multi-family condominium, and apartment projects.
   (1)   Proposed expansions and improvements limited to an individual townhouse or multi-family condominium unit shall be reviewed and processed in accordance with the provisions of Article 18 (Design Review: Requirements and Procedure), including the filing of a Precise Plan of Design application where required by that article. Applications for modifications that deviate from any development standard shall require the filing and processing of a major modification application.
   (2)   Proposed expansions and improvements that involve more than one individual townhouse or multi-family condominium unit, or that involve the common area of a townhouse or condominium project, or that involve improvements or expansions at an apartment building or project shall be processed as a modification to the underlying Residential Planned Development permit. Applications for said modifications may be processed as minor modifications where they comply with all the conditions and limitations set forth in this chapter and the guidelines and standards adopted pursuant to Section 9-4.1806 of this chapter. In other cases, filing and processing of a major modification application is required.
(§ I, Ord. 459-NS, eff. July 4, 1974, as amended by § 1, Ord. 629-NS, eff. May 12, 1977, and §§ I and II, Ord. 997-NS, eff. June 17, 1988, as amended by §§ 14, 15 and 17, Ord. 1217-NS, eff. October 28, 1994, § 1, Ord. 1314-NS, eff. March 5, 1998, and §§ 3, 4, Ord. 1414-NS, eff. October 2, 2003, as amended by Part 2, Ord. 1449-NS, eff. December  2, 2005, § 3, Ord. 1481-NS, eff. July 12, 2007, §§ 3 - 4, Ord. 1493-NS, eff. December 6, 2007, § 4, Ord. 1534-NS, eff. April 8, 2010, § 6, Ord. 1556- NS, eff. July 1, 2011, § 3, Ord. 1569-NS, eff. March 9, 2012, Part 17, Ord. 1610-NS, eff. January 15, 2016; and Part 11, Ord. 1614-NS, eff. April 22, 2016)