Agoura Hills Municipal Code Part 8 Cd Cluster Development Overlay District

The purpose of the CD overlay district shall be to provide the clustering of development, creative and imaginative design and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types and open space. The CD overlay district is further intended to provide for the optimum integration of suburban and natural amenities within developments, through the use of clustering of dwelling units and provision of minimum standards in terms of open space amenities. The CD overlay district is established to give the land developer assurance that innovative and unique land development techniques will be given reasonable consideration for approval and to provide the city with assurance that the completed project will adhere to the character of the approved project.

The CD overlay district may be applied in place of the density designation for the following districts:

A. Single-family residential RS;

B. Medium density residential RM;

C. High density residential RH.

(Ord. No. 11-388, § 52, 12-14-2011)

All the uses permitted in the underlying district shall be permitted in the CD overlay zone. In addition the following shall be permitted uses in the CD overlay district:

A. Cluster development; townhouses;

B. Condominiums, both air space and statutory;

C. Mobile home parks;

D. Multifamily dwellings;

E. Residential real estate developments, as defined in the Business and Professional Code;

F. Single-family dwellings on lots smaller than permitted by the underlying district, as district, as specified under section 9577.5.

Whenever the CD overlay district is applied to property, the minimum density limit of the land use element of the general plan shall automatically apply. For example, RS-CD shall mean two (2) dwelling units per acre. As a part of any discretionary review, the minimum density range may be increased to the maximum of the range of the land use element of the general plan through the following series of steps if the indicated increased amenities are offered as a part of any required application and detailed development plans are approved.

Except as modified by the appropriate authority, to increase the minimum density as specified in the land use element of the general plan by one-third, the following additional amenities shall be provided:

A. Five (5) times the Quimby Act fee or land dedication requirement, as specified in the city's subdivision regulations, and a contribution covering the cost of development of one-third of a designated city park, or the commission may authorize the utilization of said amount for one (1) of the options specified in section 9574.35.

B. Active solar and other energy conservation facilities, in excess of the Building Code requirements, in the individual units;

C. Swimming pools and recreation facilities;

D. Upgraded paving materials;

E. Entry features;

F. At least fifty (50) percent of all trees provided to be specimen plant materials at least twenty-four-inch box in size;

G. A one-third increase in the required contribution to the city transportation improvement fund, or the commission may authorize the utilization of said amount for one (1) of the options specified in section 9574.35.

Except as modified by the appropriate authority, to increase the minimum density range as specified in the land use element of the general plan by two-thirds, the following additional amenities shall be provided:

A. Ten (10) times the Quimby Act fee or land dedication requirement as specified in the city subdivision regulations, and a contribution covering the cost of development of two-thirds of a city park, or the commission may authorize the utilization of said amount for one (1) of the specified options in section 9574.35;

B. Active solar and other energy conservation facilities, in excess of the Building Code requirements, in the individual units;

C. Swimming pools and recreation facilities;

D. Upgraded paving materials;

E. Entry features;

F. At least seventy-five (75) percent of all trees provided to be specimen plant materials at least twenty-four-inch box in size;

G. A two-thirds increase in the required contribution to the city transportation improvement fund, or the commission may authorize the utilization of said amount for one (1) of the options specified in section 9574.35;

H. Children's play areas of sufficient size to meet the needs of the ultimate number of children expected to reside in the development.

Except as modified by the appropriate authority, to increase the minimum density, as specified in the land use element of the city's general plan to the maximum, the following amenities shall be provided:

A. Twenty (20) times the Quimby Act fee or land dedication requirement, as specified in the city's subdivision regulations, a contribution covering the total cost of the development of a city park, or the commission may authorize the utilization of said amount for one (1) of the options specified in section 9574.35;

B. Active solar and other energy conservation facilities, in excess of the Building Code requirements, in the individual units;

C. Swimming pools and recreation facilities;

D. Upgraded paving materials;

E. Entry features;

F. All of the trees provided to be specimen plant materials at least twenty-four-inch box in size;

G. A one hundred (100) percent increase in the required contribution to the city's transportation improvement fund, or the commission may authorize the utilization of said amount for one of the options specified in section 9574.35;

H. Children's play areas of sufficient size to meet the needs of the ultimate number of children expected to reside in the development.

In lieu of either subsections A or G in section 9574.1 through 9574.3, the applicant may request and the commission may approve the utilization of the required funds for any one of the following:

A. A contribution covering the cost of one-third, two-thirds, one hundred (100) percent the cost of the acquisition and the removal of a billboard.

B. Provision of an increase in the required contribution to the school district by one-third, two-thirds, one hundred (100) percent.

C. A contribution covering the cost of one-third, two-thirds, one hundred (100) percent the cost of a major element of a community center.

D. A contribution covering the cost of one-third, two-thirds, one (1) mile of undergrounding of a major transmission line.

E. A contribution covering the cost of one-third, two thirds, one (1) mile of landscaping of the Ventura Freeway, as approved by the city and Caltrans.

F. Utilization of density transfer units as a part of the development.

The provisions of sections 9574 through 9574.3 shall not apply to developments that are exclusively developed for housing for senior citizens.

In addition to the submittal requirements of any discretionary application, the following shall be submitted for projects in the CD overlay district:

A. Written documents.

1. Legal description of the total site proposed for development, including a statement of present and proposed ownership;

2. A statement of planning objectives to be achieved by the project through the particular approach proposed by the applicant. This statement shall include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;

3. Specific request as to any request for density increase pursuant to section 9574, including an agreement to provide the required amenities;

4. A preliminary development schedule indicating the proposed phasing program and the approximate date when construction of the project or the stages of the project can be expected to begin and be completed;

5. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the project;

6. Quantitative data for the following; total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures; approximate gross and net residential densities; total amount of open space including the precise amount of usage open space; total amount of nonresidential construction including justifications of ancillary character of the construction; written indication of compliance or noncompliance to established standards of this chapter; economic feasibility studies and other studies as required by the city.

B. Site plan and supporting maps.

1. The existing site conditions including contours at two-foot intervals, water-course, floodplains, unique natural features and any forest cover;

2. Proposed lot lines and plot designs;

3. The location and floor size of all existing and proposed buildings, structures and other improvements including maximum heights, types of dwelling units, density per type and nonresidential structures including preliminary architectural renderings of typical structures;

4. The location and size in acres or square feet of all to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, schools sites, and similar public and semi-public uses;

5. The existing and proposed circulation system of arterial, collector, and local streets including off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way. Notations of proposed ownership, public or private;

6. The existing and proposed circulation system, including its interrelationships with the vehicular circulation system;

7. The existing and proposed utility systems;

8. A general landscape plan indicating the treatment of materials for private and common open areas;

9. Preliminary grading plan;

10. Information on lands adjacent to the project to indicate the relationships between the proposed development and adjacent areas;

11. The proposed treatment of the perimeter of the project including materials and techniques used such as mounding, screens, fences and walls;

12. Photographs of all adjacent parcels;

13. Any additional information as required by the city necessary to evaluate the character and impact of the proposed development.

C. The information required by this section shall be submitted for all of the land intended to be included in the application. Where projects are developed in stages, the detail information shall be submitted for those stages to be developed immediately. Sketch plans including the bare essentials, land uses, densities, site design, adjacent uses, circulation, shall be submitted for the remaining lands to be developed in future stages of the project. Subsequent phases shall be evaluated in terms of these plans. If substantial deviation exists, the applicant shall file all the information as required in this section for the subsequent phases as amended development plan or a new development plan as appropriate.

Subject to the provisions of this title, minor changes in the location, siting, and height of buildings and structures may be authorized by the planning commission, if required by engineering or other circumstances not foreseen at the time the development plan was approved. No change authorized by this section may cause any of the following:

A. A change in the use of character of the development;

B. An increase in greater than ten (10) percent in overall coverage of structures;

C. An increase in the intensity of use;

D. An increase in the problems of traffic circulation and public utilities;

E. A reduction of more than ten (10) percent of the area shown as open space;

F. A reduction of more than ten (10) percent of the approved off-street parking;

G. A reduction in required pavement width.

Within one (1) year following the final approval of the development plan, the applicant shall file for the final review of the project by filing the information required in chapter 6. The review process, in addition to its regular findings, shall determine whether the precise construction plans and precise landscape plans are in substantial compliance with the development plan, provided that any modification by the applicant does not involve a change of one (1) or more of the following:

A. Violate any provision of this article;

B. Vary the lot area requirements by more than ten (10) percent;

C. Involve a reduction of more than ten (10) percent of the area reserved for the common open space and/or usable open space;

D. Increase or decrease the floor area proposed by more than ten (10) percent;

E. Increase the total ground area covered by buildings more than five (5) percent;

F. An increase in the number of dwelling units.

If it is determined that the plans are not in substantial compliance, an amendment and/or a new development plan shall be filed and processed, as appropriate.

All areas on the development plan shall be subject to the following: The standards for development in CD overlay district set forth in this chapter and any supplemental standards for the planned community designated in the development plan. In addition, the development standards of the underlying district, if more restrictive, shall apply.

Trash handling facilities shall be provided for all developments with the CD overlay district with the exception of single-family detached dwellings. A trash enclosure will be provided for all but excepted uses, unless the proposed location of the trash area is completely enclosed by walls or buildings. The freestanding trash enclosure shall be constructed of masonry block. No trash shall be allowed to extend above or beyond the enclosure.

In addition to requiring all development plans to comply to the following special standards of section 9577 through 9579, the city council and/or planning commission may impose such other conditions to the development plan as it deems necessary to desirable in carrying out the general purpose and intent of this chapter.

A. At least fifty (50) percent of all required common open space shall be approximately level, defined as not more than thirteen and one-half (13½) percent grade.

B. The common open space shall be land within the total development site used for recreational purposes including buildings, used for recreation purposes, parks or environmental purposes for enjoyment by occupants of the development and their guests, or land dedicated to the city for public parks.

C. Common open space shall not include public or private streets, driveways, private yards, private patios, and parking areas.

With no parking, the private roads shall be thirty (30) feet wide; with parking on one (1) side, thirty-four (34) feet wide; and with parking on two (2) sides, forty (40) feet wide. The roadways shall be a minimum of asphaltic concrete with concrete curbs and gutters as approved by the director of community development. Standards of design and construction of roadways, both public and private, within the project may be modified as is deemed appropriate by the city, especially where it is found that the development plan provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off-street parking facilities.

The standards of sections 9577 through 9577.3 shall be required unless modified by the development plan.

The minimum setback in all residential developments within the CD district shall be the designated distances from the ultimate right-of-way line of the streets specified in this title unless otherwise provided in this section:

A. Freeway: Fifty (50) feet;

B. Arterial: Thirty-two (32) feet;

C. Secondary: Thirty-two (32) feet;

D. Collector: Twenty (20) feet;

E. Local: Twenty (20) feet.