Morro Bay Municipal Code Ch. 16.44 Conservation Subdivisions

The following provisions shall apply to cluster development proposals. The term conservation is intended to clarify the nature of protecting environmental significant attributes by clustering the development. Cluster development lots are defined as lots with sizes smaller than those established in the zoning ordinance but offers dedicated land for the purposes of open space.

A. It is the purpose and intent of conservation subdivisions to preserve open space within residential developments; provide flexibility to allow for creativity in developments; minimize the environmental and visual impacts of new development on critical natural resources and historically and culturally significant sites and structures; provide an interconnected network of permanent open space; encourage a more efficient form of development that consumes less open land and conforms to existing topography and natural features; reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation; enhance the community character; permit clustering of houses and structures which will reduce the amount of infrastructure, including paved surfaces and utility lines; encourage street design that controls traffic speeds and creates street inter-connectivity; and promote construction of convenient and accessible walking trails and bike paths both within a subdivision and connected to neighboring communities, businesses, and facilities to reduce reliance on automobiles.

B. There shall be no requirements for minimum lot width, lot coverage, yards and building setbacks requirements that apply to cluster developments, except as noted below. Dimensional requirements shall be as proposed by the applicant of the cluster developments and as approved by the planning commission via a detailed site plan.

(Ord. No. 522, § 3, 3-12-2007)

A. The developer of a new cluster development project shall first submit an application for a conditional use permit to the planning division. The application shall include, but not be limited to, the following, in as many copies as the planning division determines to be sufficient for its staff and the planning commission to evaluate the project:

1. A complete legal description of the property and a boundary map showing the existing topography of the site and the location of all existing easements, structures and other improvements, and trees over four inches in diameter at four feet from base height.

2. Dimensioned schematic development plans consisting of at least a site plan, parking plan, typical floor plan, building elevations showing natural and proposed grades, and a conceptual landscaping plan for the project as a whole.

3. Such other information which the planning commission or planning division determines is necessary to evaluate the proposed project.

B. No application shall be considered unless all the information required by subsections (A)(1) through (A)(3), inclusive, is provided to the planning department.

(Ord. No. 522, § 3, 3-12-2007)

A. The conservation subdivision option is available for single-family detached townhouse, planned unit development or condominium residential developments.

B. The maximum number of lots in the conservation subdivision shall be determined by either of the following two methods, adding any bonus density allowed in the zoning district where it is located, at the discretion of the applicant:

1. The maximum number of lots is determined by dividing the area of the tract of land by the minimum lot size specified in the underlying zoning. In making this calculation, the following shall not be included in the total area of the parcel:

a. Slopes over thirty percent where at least five thousand square feet is of contiguous area;

b. Bodies of open water over five thousand square feet of contiguous area; and

c. Wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water Act.

2. The maximum number of lots is based on a conventional subdivision design plan prepared by the applicant, in which the tract of land is subdivided in a manner intended to yield the highest number of lots possible.

(Ord. No. 522, § 3, 3-12-2007)

A. Open space is the portion of the conservation subdivision that has been set aside for permanent protection. Activities within the open space shall be restricted in perpetuity through the use of an approved legal instrument.

B. The required open space areas shall be protected in perpetuity from further development or unauthorized use by a conservation easement or permanent restrictive covenant. Uses of open space may include the following:

1. Conservation of natural, archeological, or historical resources;

2. Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas;

3. Walking, equestrian, or bicycle trails;

4. Passive recreation areas, such as open fields;

5. Active recreation areas which include fifteen percent or less of the total open space area in impervious surfaces;

6. Agriculture, horticulture, silviculture, or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts;

7. Easements for drainage, access, and underground utility lines;

8. Other conservation-oriented uses compatible with the purposes of this chapter; and

9. Seasonal wet flow channels cannot be included towards the open space preservation requirements.

(Ord. No. 522, § 3, 3-12-2007)

All conservation subdivision projects shall conform to the requirements of the residential district in which the project is located unless the proposed project utilizes unique residential concepts (such as zero lot line) in order to further preserve open space. In addition, all projects shall conform to the following standards, except as noted. In granting a use permit, the planning commission may impose appropriate conditions to assure that projects comply with the standards.

A. Minimum Project Size. In order to qualify for a conservation subdivision project, the project site size must be a minimum of 2.5 acres in gross area.

B. Overall Design and Site Layout. The following criteria shall be considered in reviewing the overall design and site layout of the project:

1. The project should have a comprehensive and integrated design, providing its own open space, off-street parking, and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways, and other areas for people should be separated from parking areas, driveways, and areas for automobiles;

2. Architectural unity and harmony should be achieved both within the project and between the project and the surrounding community so that it does not constitute an adverse disruption to the established fabric of the community;

3. The layout of structures and other facilities should effect conservation in street, driveway, curb cut, utility, and other public or quasi-public improvements. Additionally, structures should be designed to minimize, in recognized and published standards, the consumption of natural resources either directly or indirectly; i.e., gas, water, and electricity.

C. Lots Configuration. The following criteria shall be considered in reviewing the lot sizes and configuration of the project:

1. The size and shape of lots shall be shown on tentative maps and shall be in conformance with city policy.

a. In no case shall lots in a cluster development subdivision, be smaller than three thousand square feet in area and forty feet in width for detached single-family lots. These variations shall particularly be applied to allow for more variation in available housing stock to serve a greater cross section of the residents of the city and preserve greater open space.

D. Provision of Private Open Space for Each Unit. Each dwelling unit within a project shall have an appurtenant private open space, such as a patio, deck, or atrium. Such space shall be designed for the sole enjoyment of the unit owner, shall have at least two weatherproofed electrical outlets, and shall have a shape and size that will allow for optimal usable space. Such space shall be at approximately the same level as, and immediately accessible from, a room within the unit.

1. Except as noted below, all units shall be provided with the following minimum private open space areas:

a. Cluster Units. Four hundred square feet with a minimum dimension of ten feet.

E. Each conservation subdivision shall provide a minimum of forty percent of its total acreage as open space. The open space shall be designated on the tentative map and dedicated on the final map.

F. Underground utility rights-of-way and small areas of impervious surface may be included within the forty percent minimum protected open space area requirement.

G. Areas greater than fifteen percent of the total open space area that is covered with any impervious surface shall be excluded from the open space.

H. At least seventy-five percent of the open space shall be in a contiguous tract, unless a finding can be made that the design meets the intent by creating smaller areas while meeting the overall amount. The open space shall adjoin any neighboring areas of open space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected open space.

I. The open space shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the open space.

J. Consideration shall be given to the potential impacts secondary living unit(s) may have upon each lot such as parking, compatibility, and lot coverage.

(Ord. No. 522, § 3, 3-12-2007)

In approving the establishment of a conservation subdivision, the following findings shall be made:

A. Modification of development standards is warranted to promote orderly and harmonious development.

B. Modification of development standards will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area.

C. The proposed project meets the purpose and intent of conservation subdivisions to preserve open space within residential developments; minimize the environmental and visual impacts of new development on critical natural resources and historically and culturally significant sites and structures; provide an interconnected network of permanent open space; encourage a more efficient form of development that consumes less open land and conforms to existing topography and natural features; reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation; enhance the community character; permit clustering of houses and structures which will reduce the amount of infrastructure.

(Ord. No. 522, § 3, 3-12-2007)