Chapter 19.44 — RESIDENTIAL SINGLE-FAMILY CLUSTER (R1C) ZONES

The purpose of a cluster zone is to promote neighborhood identity and enhance the quality of life for City residents by encouraging developers to use a more creative approach in land development, to provide a means for reducing the amount of street improvements and public utilities required in residential development, to conserve natural features, and to facilitate the provision of more desirable aesthetic and efficient use of open space.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

A. The requirements of this chapter, unless waived or modified in accord with Section 19.44.080, must be met with respect to all real properties intended to be developed as, or converted to, a single-family residential cluster development as described in this chapter, including the conversion of existing apartment houses to condominiums. B. No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in a residential cluster zone, otherwise than in conformance with the following provisions. C. Reasonable Accommodation: Notwithstanding the above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.52.

(Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992; Ord. 25-2277, Exh. A (part), 2025)

A. A residential single-family cluster zone is a land use designation for a single-family residential use upon a parcel of real property, a portion of which consists of:

1. An undivided interest in a common area used for open space, recreational, parking, vehicular and pedestrian circulation by residences of the parcel;
2. Separate property interests owned by each family residing on the parcel.

B. The separate property interests may include:

1. Individual subparcels which comprise building areas only or building areas plus private yards or atria; or
2. Separate property interests in space in a residential building on the parcel; or
3. Both types of separate property interests enumerated above.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

Permitted, Conditional and Excluded Uses that may be conducted from property zoned single-family cluster (R1C), are identified in Section 19.20.020.

(Ord. 2085, § 2 (part), 2011)

Table 19.44.050 sets forth the rules and regulations pertaining to the development of property zoned single-family residential cluster (R1C).

Table 19.44.050: Site Development Regulations

A. Initiation of Zoning

1. By property owner In accord with the requirements of Chapter 19.12 and Chapter 19.152 and application must include a development plan as described in Section 19.44.050(H).

2. City Council or May be initiated when it is determined that this type of zoning designation will allow development that will preserve or enhance land features and vegetation such as stream
Planning courses and groves of specimen trees, historic buildings, and unique scenic vistas, and will enhance older neighborhoods which have undeveloped properties which have an
Commission access problem or a parcel configuration which precludes development utilizing conventional street and lot standards. A development plan is not required.

B. Density

1. Total Density The total number of dwelling units per gross acre shall be defined by the density provisions of the current land use and housing elements of the General Plan.

2. Density Range Where a density range is designated, the allowable number of dwelling units shall be determined based upon the following criteria:
and allowable
a. The relationship of the proposed development to the development character of the immediate neighborhood;
density
b. The impact of the proposed development on physiographic factors of the site, such as slope steepness, geologic stability, and vegetation;
c. The impact of the proposed development on community, utility and social services such as sanitary sewer, storm drain, water, fire and police emergency services,
and schools;
d. The impact of the proposed development on the capacity of the neighborhood street system;
e. The quality of the project design relative to building location, design, and materials and the livability of the dwelling units for its future residents. The performance
standards contained within this chapter shall provide a means to measure the livability of the dwelling units;
f. The relationship of the proposed development to the housing goals contained within the housing element of the General Plan.

C. Allowable Units in Areas Delineated as Hillside in General Plan

1. Maximum Maximum number of dwelling units permitted in a cluster development shall be calculated in accordance with slope-density formulas and/or other mechanically or
Number of Dwelling mathematically approved methods to determine dwelling unit intensity as outlined by the General Plan.
Units

D. Land Area for Density Calculation

The land area utilized to compute the maximum allowable number of dwelling units shall be the gross size of the property less:

a. Non-street areas which have been, or will be required to be dedicated or acquired, in fee, for public purposes such as flood control and water conservation, parks,

and public schools; b. Areas on the site which cannot legally or physically be utilized for building or recreations uses, e.g., areas directly underneath transmission towers or areas containing easement rights which prohibit use of the land.

E. Private Outdoor Space

1. Required Shall be provided for each unit.

2. Amount of Space Shall be determined in each case by the size of the unit, type of tenure and amount of open space.

F. Visual Intrusion The relationship between adjoining units shall be designed in such a manner so as to preclude visual intrusion into private outdoor yards or interior spaces.

G. Noise Impacts a. If the Director of Community Development determines that an excessive external noise source shall exist in the project area, the developer shall retain an acoustical engineer to evaluate the noise impact on the proposed residential development and develop mitigation measures. b. The construction system shall comply with applicable City ordinances relative to sound-transmission control to ensure acoustical privacy between adjoining dwelling units.

H. Development Plan Contents

1. Content Information required pursuant to Title 18, Subdivision.

2. Common Area Common area that is to be maintained and controlled by the owners of the property and their successors in interest, but is to be available for the recreational and leisure use of the occupants of the cluster development; 3. Grading Plan A grading plan describing existing contours and finish grading in relation to the proposed building program. The plan shall contain complete cross-sections.The grading plan shall denote the location of all native trees over four inches in diameter and the impact of the grading plan on such trees; 4. Public Areas Parcels of land intended to be dedicated or reserved for public parks, playgrounds, school sites, or otherwise dedicated or reserved to the public in general; 5. Street System A map showing the proposed system of public and private streets, including cross-sections for all types of streets; 6. Adjacent Description of immediately adjoining land use types, including location of structure; Properties and Uses

3. Architecture a. The architectural theme of the development and the location of buildings, building configurations, building heights, building square footages, fence lines, private patio and balcony areas, and lot lines. b. A coding system shall be used to delineate unit types relative to number of stories and number of bedrooms. c. A land use distribution table shall be prepared setting forth the net property size and the land area devoted to various land use activities.

(Ord. 2085, § 2 (part), 2011)

Table 19.44.060 sets forth the rules and regulations pertaining to the development of buildings on property zoned single-family residential cluster (R1C).

Table 19.44.060: Specific Development Standards

A. Minimum Development Area for Residential No minimum. Cluster Zoning District

B. Minimum Setbacks

1. Corner lot 25 feet. However, the 40 foot corner triangle shall remain free and clear of all buildings or portions thereof.

2. Units adjacent to development Same setbacks as required in the adjacent zones.
boundary

3. Second Story Decks and Patios

i. Front Yard May encroach three (3) feet into a required front yard setback

ii. Side Yard 15 feet

iii. Rear Yard 20 feet

C. Height

1. Buildings 30 feet

2. Increases in Height Shall be permitted if the Planning Commission or City Council determines that such height increase will not
have an adverse impact upon the immediately adjacent neighborhood. Generally, units immediately
adjacent to the development area boundary shall not exceed the height of existing dwelling units adjacent to
the development area.

D. Site Design

1. Front Entryway Shall be private by either orientating them in a different direction from adjoining units, by utilization of an
enclosed patio, by utilization of wing walls, by utilization of a recessed foyer, or through other design
techniques.

2. Pedestrian Walks All dwelling units (and buildings containing condominium units) shall be interconnected by pedestrian
walks fully separated from moving vehicles.

3. Access to Common Open Spaces Each unit shall have direct access to common open spaces.

4. Family-oriented planned residential Playfields shall be incorporated into common open space to accommodate group play activities.
communities

5. Sitting Areas/ Tot lots Small sitting areas or tot lots shall be provided throughout each project to provide informal meeting space.

E. Streets

1. Standards Pavement, curbs, gutters, storm drains, and water mains of the private street shall be constructed to the
standards of City streets, subject to the approval of the City Engineer.

2. Modifications to Standards May be permitted by the City Engineer when recommended by a licensed engineer.

3. Minimum Width 24 feet curb to curb, with curb and gutter on both sides of the street.

4. Sidewalks Shall be a minimum of 4 feet 6 inches in width

   5. Easements

   a. Public Service Easement Roadways of the private street, plus a five-foot-wide strip on either side of the street shall constitute a public
   service easement.

   b. Other Easements Other public service or utilities easements may be incorporated into the development plan.

5. Lighting Intensity Private streets and major walkways shall be lighted to an intensity approved by the City Engineer.

   7. Type and Location of Electroliers Shall be approved by the Planning Commission.

   8. Street Names and Address Numbers Shall be approved by the Building Department in coordination with the Postmaster, the Fire Department
   and County Communications Office.

   9. Bicycle Circulation System Shall be incorporated into the project design in a manner which, to the greatest degree possible, separates
   bicycle movements from motor vehicles and pedestrians. This system shall be designed to interface with the
   existing and planned City-wide bicycle systems.

   10. Conformance with Vehicle Code The owner of the development will be required to participate in the initiation of a City ordinance update to
   Chapter 11.26, to make the private streets subject to the Vehicle Code, under the provisions of Section
   21107.7 of the Code, the provisions of such ordinance to be subject to the approval of the enforcing agency.

   11. Fire Truck Turnaround Adequate turnaround space shall be provided at the termini of the private streets subject to the approval of
   the Fire District.

F. Improvements and Covenants for Common Area

1. Completion/Bonding Improvement of the common areas shall be completed by the developer and shall be subject to bonding and
other procedures in the same manner as required for street improvements by Title 18, Subdivision.

2. Deeded to Homeowners Association The common areas shall be deeded to an association of the homeowners for whose benefit the common area
is set aside.

3. Development Rights Shall be dedicated to the City prior to recordation of a final subdivision map to assure that the common area
is available for the entire development.

4. Maintenance a. Shall be the responsibility of the homeowners association to which the common areas are deeded.

b. In the event the private road, driveways, parking areas, walkways, landscaping or buildings are not maintained to applicable City standards, the City may, after notice and advertised public hearing, effect the necessary maintenance, with the cost to be a lien on the property.

5. Declaration of Covenants, Conditions Shall be reviewed by the City Attorney, prior to recordation, to determine its compatibility with the intent
and Restrictions and conditions as set forth herein.

6. Articles of Incorporation and Other Shall be subject to the review and approval of the City Attorney.
Instruments Related to Homeowners
Association

(Ord. 2085, § 2 (part), 2011)

Table 19.44.070 sets forth the regulations pertaining to changes proposed to existing developments in single-family residential cluster (R1C) zones.

Table 19.44.070: Changes after Granting of a Cluster Zone

A. Minor Change (does not May be approved with a building permit if the City Planner makes the following finding that: include increase in number of dwelling units) 1. The changes are minor and do not affect the general appearance of the area or the interests of the owners of property within or adjoining the development area.

B. Major Change Major change includes a change to the development regulations and requirements, conditions of the approved development, declaration of conditions, covenants and restrictions, and an increase in the number of dwelling units. All of the above shall be processed, in accord with the requirements of Chapter 19.12, as a development permit and/or an architectural and site approval, except an increase in the number of dwelling units which shall be processed as a zone change.

(Ord. 2085, § 2 (part), 2011)

The requirements of this chapter can be waived or modified, with an Exception application, if the Planning Commission and City Council make any one of the following findings:

1. Although one or more specific standards cannot be complied with because of property size constraints, existing building morphology, topographical problems, or other conditions beyond the control of the property owner/developer, the proposed project substantially complies with the general standards contained within this chapter;
2. That the proposal provides for low-moderate income and senior citizen housing in a manner consistent with the housing element of the General Plan.

(Ord. 2085, § 2 (part), 2011)