Article VII — Specific Plan Area No. 7

Specific plan area No. 7 applies to the property located at 14730 Pioneer Boulevard and described as located approximately 422 feet north of Excelsior Drive with an approximate frontage of 200 feet along the east side of Pioneer Boulevard and a uniform depth easterly of the frontage of approximately 374 feet.

(Prior code § 27-37.1; Ord. 21-1722 § 2)

This specific plan area is an instrument for guiding, coordinating and regulating development as authorized in Article 8 of Chapter 3 of the State Planning and Zoning Law. In the specific plan area zone, no building shall be erected, constructed, reconstructed or structurally altered, nor shall any building or land be used, except as hereinafter specifically provided and allowed by this chapter and by other relevant chapters of this code. (Prior code § 27-37.2; Ord. 21-1722 § 2)

The purpose of the specific plan area is to facilitate the systematic implementation of the general plan and to serve as a basis for review of more detailed plans. It is intended to establish a pattern for the appropriate design, arrangement and relationship of buildings, open space, circulation, land use

and other features as necessary to coordinate development and achieve a functionally and visually integrated development. It is also intended to assure adequate design and controls to mitigate factors such as noise, vibration, dust, odors, and visual features detrimental to the project and its residents, tenants or users. It is intended to capitalize upon certain special qualities and opportunities of a designated area while permitting a degree of flexibility favorable to unique and imaginative designs. It is further intended to encourage and promote a high quality of design and environment.

(Prior code § 27-37.3; Ord. 21-1722 § 2)

The basic objectives of this plan are to:

• A. Provide a secure environment free from any obnoxious noise, dust and odors; and

• B. Provide a highly attractive, stimulating, and innovative living environment that will tend to stimulate the surrounding area and improve the development characteristics of the area.

• (Prior code § 27-37.4; Ord. 21-1722 § 2)

In order to achieve the foregoing objectives, the following policies shall be applied in designing, managing, and regulating developments and uses within the area:

• A. Landscaping, fencing, roof materials, and architectural design shall be integrated to provide an appearance of outstanding visual quality to adjacent residential properties and to motorists and pedestrians on the boundary streets.

• B. Particularly high standards shall be required in order to assure good quality in the original development and to assure a high level of continued maintenance.

• C. A substantial landscaped setback shall be provided on the periphery and include mounds, decorative fencing and substantial amount of trees, shrubs and groundcover plant materials.

• D. Arrangement of buildings, arrangement of rooms, and sound attenuation measures in construction shall be used to assure quiet living conditions, both indoors and outdoors, on-site.

• E. Walls, fencing, gates, and access to the property shall be arranged to provide security to residents of the property.

• F. Security features shall be shown for review and approval as part of the precise development plan.

(Prior code § 27-37.5; Ord. 21-1722 § 2)

The map entitled "Area Map/Specific Plan Area No. 7," is adopted as part of the specific plan area. The map indicates the boundaries of the specific plan area, the location of existing streets, the preferred location for primary access points and other features that are to be observed in the same manner as the other objectives, policies, standards and regulations of this specific plan area.

EXHIBIT "A" ILLUSTRATIVE MAP SPECIFIC PLAN AREA NO. 7

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(Prior code § 27-37.6; Ord. 21-1722 § 2)

The map entitled "Illustrative Plan/Specific Plan Area No. 7," is adopted as part of this specific plan area. The illustrative plan represents the concept for implementing the objectives, policies, standards, and regulations of this specific plan area. This is intended to serve as a guide and moderate modifications may be made with review and approval of the Director and/or Planning Commission.

EXHIBIT "B" ILLUSTRATIVE MAP SPECIFIC PLAN AREA NO. 7

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(Prior code § 27-37.7; Ord. 21-1722 § 2)

In the specific plan area No. 7 zone, the following uses may be permitted subject to any conditions deemed necessary to accomplish the objectives and policies of this specific plan area:

• A. Townhouse condominiums;

• B. Accessory Uses:

  1. Swimming pools,

  2. Spas,

  3. Recreational rooms and facilities,

  4. Garages.

(Prior code § 27-37.8; Ord. 21-1722 § 2)

Any expansion to the boundaries or any amendment to the objectives, policies, standards, and regulations of this specific plan area shall be accomplished in accord with procedures, hearing and notices as set forth in Chapter 17.02 , Article I. (Prior code § 27-37.9; Ord. 21-1722 § 2)

The maximum density allowed shall be determined by plans and designs that meet all open space, parking, setback and dwelling unit area requirements, with consideration for building height(s) (number of stories), and whether parking is attached to each unit, grouped or provided underground and similar design considerations.

(Prior code § 27-37.10; Ord. 21-1722 § 2)

The following standards shall apply:

• A. Open Space. Open space at a ratio of 15% of the subject property shall be provided exclusive of required setbacks, driveways and open parking areas.

  1. Private open space shall be provided for each dwelling unit immediately adjacent to each unit by use of patios and balconies and shall generally be no less than 200 square feet in area with no dimension less than 10 feet.

  2. Recreational open space for both active and passive recreation shall be provided. Such open space shall generally be no less than 7,200 square feet in area with no dimension less than 50 feet.

• B. Walkway System. Walkways shall be provided, linking residences with common activity areas and private recreation areas, for adequate pedestrian circulation on-site; such walkways shall be constructed of brick, stone, pebble aggregate concrete or decorative type paving no less than four feet in width.

• C. Setbacks.

  1. Along Pioneer Boulevard, there shall be a minimum of 30 foot building setback.

  2. Along the north property line there shall be a minimum five-foot building setback.

  3. Along the south property line there shall be a minimum of 20 foot building setback.

  4. Along the east property line there shall be a minimum 20 foot building setback.

• D. Building Dimensions and Offsets. In general no building shall have a horizontal dimension greater than 100 feet unless at the time of precise development plan review, a greater length is found to be in conformance with the intent of this plan. Minimum four-foot building offsets or setbacks shall be provided for every two units.

• E. Building Spacing. Main buildings shall be separated by a distance of no less than 10 feet.

• F. Maximum Building Height. No building or structure shall exceed two and one-half stories or 35 feet in height, whichever is the lesser.

• G. Dwelling Unit Area. The gross area per dwelling unit, not including patios or balconies, shall be no less than 1,200 square feet with an additional 150 square feet of area for each bedroom in excess of two bedrooms.

• H. Architecture.

  1. Roofs shall be Class B fire rated and all roof surfaces visible from ground level shall consist of tile, concrete, or thick butt asphalt which shall closely resemble shakes, as approved by the Director.

  2. The architecture of the development shall be of a uniform design and treatment of buildings throughout and all dwelling units shall be treated the same in relation to roofing, siding, trim, windows, and similar architectural features so that the general appearance is not altered; except, where it is clearly shown not to be physically feasible.

• I. Street Access.

  1. Access from streets into the development area shall be located as indicated on the area map.

  2. Access from Arlee Avenue and the alley shall be prohibited to both pedestrian and vehicle traffic; except, a "crash gate," accessible only to fire and emergency equipment, shall be installed at Arlee Avenue if determined necessary by the Fire Department.

3. The front access driveway shall be a minimum of 25 feet width; driveways used for "backup" or "car turning" areas shall be a minimum 26 feet in width. Driveways shall provide a minimum two percent landscaping; be of sufficient construction to support a 17 ton fire truck without affecting the appearance or damaging the driveway; and shall incorporate a 20 foot width decorative panel at the entry and 10 foot width crosswalks, using surfacing materials such as brick, pebble aggregate, or Bomanite, at the front entry and to tie open areas together.

• J. Parking.

  1. There shall be at least two parking spaces within a garage for each dwelling unit, and one guest parking space for each five units. In addition, there shall be at least one screened parking space for every 10 units for the storage of recreational vehicles, such spaces to be leased by a homeowner's association or other entity for the purpose of providing additional space for recreational vehicles that otherwise might be parked in visitor parking areas; unless boat and recreational vehicle parking and storage is prohibited on-site by the CC&Rs.

  2. Parking spaces shall be at least 10 feet by 20 feet within garages. All other spaces shall be a minimum of nine feet by 18 feet or 10 feet wide adjacent to walls.

  3. Parking spaces shall not be located within required yards abutting public streets.

  4. All garage parking spaces shall be paved with concrete; driveways leading thereto shall be constructed of asphalt or concrete.

  5. All parking spaces shall be arranged so that cars are not required to back onto a public street.

  6. There shall be no tandem parking.

• K. Walls and Fences.

  1. The design of walls and fences excluding those for sound attenuation along with the selection of landscape materials, are intended to be a unifying element throughout the development area. All walls and fences shall therefore be coordinated to serve a common theme in terms of design, color, material, and location. The design and location of walls and fences, including trash enclosure walls, shall be subject to the approval of the Director.

  2. A minimum of seven-foot high wall shall be provided along the perimeter of the property except in the front setback.

  3. Fencing in the front setback shall be reviewed and approved by the Director, prior to construction.

• L. Landscaping.

  1. Theme trees shall be of a size, species, number, and location, as determined by the Director.

  2. All landscaped areas shall be provided with an automatic irrigation system approved by the Director.

  3. Within the development, there shall be no less than one specimen tree, of a species approved by the Director, for each dwelling unit.

  4. The landscaping plan shall be signed by a certified landscape architect and shall show the location of turf, trees, shrubs, walks, fences, and any ponds, fountains, or other decorative features. The plan shall clearly portray a permanent irrigation system, identify all plants by their botanical and common names, and indicate the location, number, and container size of all shrubs and trees.

• M. Storage. All storage areas shall be screened and maintained in a manner that prevents the creation of any nuisance or otherwise detracts from the property value or residential character of the neighborhood. Every unit shall have convenient access to refuse storage sites; other storage shall be in accordance with Section 17.04.220(C)(3). Storage cabinets within garages shall be considered lockable if garage door openers are provided.

• N. Ceiling and Interior Wall Soundproofing. Soundproofing between dwelling units shall be provided in accordance with the provisions of Section 17.04.220(C)(5).

• O. Retention of Control and Maintenance of Common Areas and Facilities.

  1. When a precise development plan and a tentative tract map which provides for multiple ownership with common spaces, common parking areas, or common facilities are approved, such approval shall be conditioned upon the preservation and maintenance of such spaces, areas, or facilities for the purposes shown in the precise development plan.

  2. The City shall require a provision in the CC&Rs that permits the City to provide for maintenance in the instance that a homeowner's association or other controlling body or person fails to provide for maintenance at a level of quality prescribed in the charter approved by the City.

• P. Cable Television Conduit. The developer shall be required to install and stub a conduit system to each dwelling unit for future installation of a community antenna television system. It is noted here that the City has granted a franchise to a community antenna television corporation and intends to provide for this system in advance in order to alleviate the burden of installation after construction of a residential development. The conduit system shall be in accordance with the current development standards for cable television. Such specifications for the conduit system shall be subject to the approval of the Director of Public Services.

• Q. Signs. The provision of Chapter 17.03 , Article III shall apply within the development area.

• R. Mechanical Equipment. The provisions of Section 17.04.220(C)(6) shall apply within the development area.

  1. Air Conditioning and Filtration System.

     • a. Units shall be prohibited from the roof, except that units may be permitted on the roof, if the original design of the structure was constructed to allow an area for said unit, and provided that in both cases that the units are not visible and/or audible from an adjacent property, structure, and/or street. The application for the approval of the

installation of a unit on the roof of a structure shall be filed with, reviewed, and approved by the Director.

  - b. No noise shall be generated which causes the maximum noise level at any point on the property lines surrounding the premises on which noise is produced, to exceed the background (ambient noise) including traffic noise by five dBA measured at the same point, or 55 dBA, whichever is greater. 

  - c. Units shall be mounted on a concrete slab and/or platform determined to be structurally sound.

• d. Units may be required to be screened to eliminate noise and/or visibility. In case of screening, type and design of screen shall be subject to the approval of the Director.

  - e. Units shall be placed in a location on the property where the least amount of noise is heard by adjacent properties. The ARI sound rating number of any air conditioning unit shall be 19 or less as identified in the most recent publication of the Air Conditioning and Refrigeration Institute (ARI) Directory of Certified Sound-Rated Outdoor Unitary Equipment. 
  
  - f. Units shall have fans located on the top of the unit. Fans are prohibited from being located on the sides of a unit. 
  
  - g. Portable window and wall units may be permitted, provided that they comply with the above set forth standards, except conditions (c) and (f). 
  

• S. Laundry. Laundry facilities shall be provided in accordance with Section 17.04.220(C)(8).

• T. Security. The development shall be constructed and designed to include the use of fencing, electronic gates, visitor call system and/or such features necessary to provide adequate security and shall be approved by the Director, or the Planning Commission.

• U. Highway Buffer. To maintain an ambient noise level no greater than 60 CNEL for private usable open space and recreation areas, earth berms, landscaping, decorative walls, building arrangement or a combination of such features shall be installed. The specific standards for the buffer strip such as width, height, and all improvements within the strip as deemed necessary and desirable shall be a condition of approval for any precise development plan and/or tentative tract map to aesthetically achieve a 60 CNEL noise level.

• V. Structural Soundproofing. Soundproofing shall be provided by means of building setbacks from streets and type of construction and construction materials. The amount and type of soundproofing for exterior walls, roof and windows shall be sufficient to maintain a maximum ambient noise level in living areas of no greater than 45 CNEL with all windows, doors, and other openings closed. Specific soundproofing requirements to be set by the approving authority shall include, but not be limited to, the following for all units:

  1. Windows. To meet the required ambient noise level in living areas, all windows within 65 CNEL contours, both fixed and openable, shall be required to consist of either doublestrength glass or double-paned glass.

  2. Doors. Doors shall be acoustically designed with gasketed stops and an integral drop seal.

  3. Roofs and Ceilings. Special insulation or design features may be required for roofs and/or ceilings to meet the required interior ambient noise level.

4. Walls. Exterior walls of living areas shall be of a special type of construction and/or include special insulation depending on the maximum ambient noise levels generated at any time.

(Prior code § 27-37.11; Ord. 21-1722 § 2)

If the City determines that consultant services are necessary to evaluate the environmental impact of or to a proposed or existing use, the City may retain an expert consultant or consultants to study and report on the compliance or noncompliance of the proposed or existing use with required standards, and to advise how a proposed or existing use, if found to be at variance, can be brought into compliance with standards. Such consultants shall be fully qualified to give the required information and shall be persons or firms mutually agreeable to the Director of Community Development and to the owner or operator of the use in question. In the event of inability to select a mutually agreeable consultant, the City shall select the consultant. The cost of the consultant's services shall be borne by the owner of the use in question, and the owner shall file with the City a bond in an amount not to exceed $10,000 to guarantee payment of such costs. The owner or operator of the use in question shall be required to comply with any reasonable request for information considered useful by the consultant in determining the environmental impact of a proposed or existing use. Failure to provide any required bond or information shall constitute a violation of this code and shall constitute cause for denying approval of a precise development plan application or other City permits. (Prior code § 27-37.12; Ord. 21-1722 § 2)

Occupancy shall be withheld or a bond not to exceed $10,000 shall be filed with the City to guarantee that all acoustical standards and acoustical requirements set forth in this article are met; and a final investigation and acoustical tests shall be made prior to final approval to determine compliance.

(Prior code § 27-37.13; Ord. 21-1722 § 2)