§ 5.45

The purpose of a cluster development plan is to provide for flexibility in the location of parcels and dwelling units within a subdivision, by means of reductions in minimum lot size, choice of lot configurations within the land area to be subdivided, and placement limitations on residences and accessory buildings by means of designated building envelopes. An application for a cluster development plan shall be processed in conjunction and concurrently with an application for subdivision.

The goals of cluster subdivision are to implement applicable policies of the general plan, to promote efficiency of access through the design and location of roads and driveways, and to reduce the overall amount and extent of grading and physical infrastructure improvements required for residential development. A cluster subdivision is furthermore intended to preserve open space, conserve natural resources and features of the land, and to avoid or mitigate potential adverse environmental impacts. Clustering of development within a subdivision does not permit an increase in maximum allowable density of residential development as specified by the general plan and/or zoning ordinance, except in accordance with the provisions for a density bonus set forth in the Zoning Ordinance and state law.

(Ord. No. NS-1200.338, § 1, 9-10-13; Ord. No. NS-1200.359, § 25, 12-6-16)

Cluster development plans may be allowed in the urban residential zoning districts of R1, R1E, RHS, and R1S, and in the rural base zoning districts of HS and RR, as defined in the general plan.

(Ord. No. NS-1200.338, § 1, 9-10-13; Ord. No. NS-1200.359, § 26, 12-6-16)

The Zoning Administrator shall be the approval authority for cluster development plans associated with minor subdivisions. The Planning Commission shall be the approval authority for cluster development plans associated with major subdivisions.

(Ord. No. NS-1200.338, § 1, 9-10-13; Ord. No. NS-1200.359, § 26, 12-6-16)

In addition to those procedures common to all land use applications as specified within the zoning ordinance, the following provisions shall apply to cluster development plan applications.

A.

Pre-application meeting. A pre-application meeting shall be required for any proposed cluster development plan and subdivision application. The application submittal shall consist of a development plan for a cluster development, in addition to any submittal requirements contained within the Santa Clara County Subdivision Ordinance.

1.

Content. The content of a pre-application cluster development plan shall include a map drawn to scale of the proposed development, north arrow, perimeter boundary line, unusual or noteworthy topographic features, water bodies, water courses and drainage swales, proposed street layouts and other circulation features such as trails and pathways, proposed parcel configuration(s) and building envelopes, designated development areas and areas designated for open space dedication, and any other spatial information pertinent to the proposal and necessary for the review of the pre-application.

Tabular summary information shall also be provided for all areas of existing and proposed street rights-ofway and easements, gross and net lot size for each lot, including open space parcels, the amount and

percentage of all designated development areas and of all designated open space areas, for consistency with the general plan, and the overall density of development, including slope density calculations if applicable.

2.

Review process. The review process for a cluster development plan pre-application submittal shall coincide with the pre-application for the subdivision application. Review and analysis shall focus primarily on whether the preliminary development plan substantially conforms with the applicable goals, strategies, policies, and standards of the general plan and zoning ordinance, in conjunction with appropriate review of the applicable standards and requirements of the Subdivision Ordinance. The review shall be conducted in accord with Section 5.20.020 of Chapter 5.20, Common Procedures, and a summary letter including all comments and information provided at the pre-application meeting shall be provided to the applicant following the pre-application meeting.

B.

Cluster Development Plan and Subdivision Map. Following the pre-application meeting, an application submittal for a cluster development plan and subdivision map shall be submitted for review. Such submittal is based upon comments and direction that were provided during the subdivision pre-application meeting. The applications shall be subject to all applicable processing requirements as described in Chapter 5.20 Common Procedures and those of the Subdivision Ordinance.

1.

Content. The content of a cluster development plan and subdivision map shall be as described for the preliminary cluster development plan and subdivision proposal submitted for the pre-application review, with the inclusion of all content required of a subdivision map by the Subdivision Ordinance and (state) Subdivision Map Act.

2.

Review process. The review process shall be in accordance with the provisions of Chapter 5.20, Common Procedures and applicable provisions of the Subdivision Ordinance. If the proposed cluster development plan and subdivision application differ substantially from the proposals evaluated through the preapplication process, a new pre-application submittal and fees may be required.

C.

Grading approval requirements. If a grading approval is required in conjunction with a cluster development plan and subdivision application, the grading application shall be reviewed concurrently with the application for a cluster development plan and subdivision. The grading approval and final grading permit prepared in accordance with the County Grading Ordinance shall not be issued or made effective until the cluster development plan and subdivision have been approved by the decision-making authority.

(Ord. No. NS-1200.338, § 1, 9-10-13; Ord. No. NS-1200.359, § 28, 12-6-16)

A.

Residential density. The cluster development plan shall conform with the applicable goals, policies, and requirements of the general plan, in particular the allowable densities of the applicable land use designation, and with the purposes of the Zoning Ordinance. The proposed density of development (total number of dwelling units or lots) shall not exceed and may be reduced from the maximum density allowed under the applicable general plan land use designation and zoning district, unless the application includes additional dwelling units allowed in accordance with the density bonus regulations as provided in Section 4.20.030. Cluster development plans within a city's urban service area shall conform to the density permitted by the applicable city's general plan.

B.

General residential development standards. The general development standards of the applicable base and combining zoning districts shall apply, including parking, unless the required minimum lot size, yard and setback requirements, lot coverage limitations, if any, or other similar development standards are modified through the cluster development plan in accordance with any applicable governing policies of the general plan and the provisions of this chapter.

C.

Parcel configuration. The configuration of lots intended for residential development shall conform with the purposes of this ordinance and with any applicable goals and policies of the general plan. The location of such lots shall be based upon the consideration and balancing of such factors as topography and efficiency of access, preservation of viable and useable open space, need for secondary access, geologic hazards and constraints, suitability of development sites for sanitary waste water treatment and disposal, visual impacts, and conservation of natural resources and landscape features, among other factors which may be pertinent to the subject parcel.

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Figure 5.45-1

D.

Open space preservation. Open space preservation as part of a cluster development plan subdivision shall conform with the specific provisions of the applicable general plan land use designation and zoning district. In general, the following provisions shall apply:

1.

Permanent dedication of open space. In order to ensure that open space preserved through the cluster development plan will be permanent, dedication of development rights to the County of Santa Clara shall be required through recorded open space easements. Dedication of such development rights may also be made to more than one public agency, such as the Santa Clara County Open Space Authority or Midpeninsula Regional Open Space District, in conjunction with the County, if such agency is a willing participant. Open space easements shall regulate the future use of the open space, and, where necessary and appropriate to preserve the natural resources of the area or to effectuate required environmental

mitigations or conditions of approval, shall specify the land owner's and management and maintenance obligations.

2.

Urban clusters. In cluster developments within urban service areas, the amount of open space shall be adequate for the recreational needs and leisure use of the residents of the cluster development. Such open space shall be held in public ownership or in common private ownership by the owners of the lots or units within the cluster development. Landscaping shall be required as appropriate within any disturbed areas or within those areas adjacent to public streets. Additional internal landscaping requirements may be imposed as necessary and appropriate.

3.

Rural clusters. In rural cluster developments, permanently preserved open space shall be privately owned and maintained unless ownership is conveyed to a public agency willing and able to accept ownership and management responsibilities.

4.

Nonresidential clusters. On the lands of Stanford University, clustering of lands zoned OS/F for nonresidential development shall be allowed provided the creation of new parcels serves to facilitate uses provided for under the OS/F regulations in Chapter 2.50.

"Development area," for the purposes of this provision, shall include all land proposed for structures, roads, parking areas, associated landscaping and other types of development.

A cluster development plan is required for the division of land into lots of less than 160 acres. A cluster arrangement of structures shall achieve economy of land use and efficiency of access, while avoiding or minimizing impact to the natural environment to the extent feasible. Defined development areas shall include no more than ten percent of the total land area subject to the land division, with at least 90 percent of the remaining land area preserved in permanent open space by means of dedication of development rights which prevents future subdivision of such lands. Such open space area is not required to be contiguous to the development area but must be located within the Open Space/Field Research district. This dedicated open space shall be located in a medium-high or high visibility zone as determined through use of the OS/F viewshed analysis (§ 2.50.040(B)), or an area of environmental significance, as determined by the County.

Cluster development plans may be arranged in more than one cluster provided that the multiple cluster arrangement achieves economy of land use and efficiency of access intended by this ordinance and the applicable provisions of the Stanford Community Plan land use designation.

5.

Configuration of open space. To the maximum extent possible, balancing the various goals and objectives of the general plan and zoning ordinance for public health, safety, and welfare, the configuration of open space shall incorporate those noteworthy and most valuable natural features of the land, such as rock outcroppings, historic or archeological sites, significant stands of mature trees, and riparian areas.

open space. To the maximum extent possible, balancing the various goals and objectives of the general plan and zoning ordinance for public health, safety, and welfare, the configuration of open space shall incorporate those noteworthy and most valuable natural features of the land, such as rock outcroppings, historic or archeological sites, significant stands of mature trees, and riparian areas.

Furthermore, the open space shall be generally configured as large, contiguous areas capable of serving the various purposes of such open space, including, but not limited to, recreation and trails, agriculture, viewshed protection, and habitat preservation and wildlife corridors. The configuration of open space shall be reasonably based on the appropriate consideration of access requirements and standards, geologic hazards, and other forms of development constraints which may be present.

E.

Circulation and roads. Vehicular circulation shall conform with the County's applicable road development standards. In hillside areas with significant slopes, road and driveway locations and designs shall minimize the need for grading and earthwork to the maximum extent possible, in accordance with the provisions of the County Grading Ordinance (Division C12-400 et seq. of County Ordinance Code). Adequate nonvehicular circulation, including trails, paths, sidewalks, and equestrian paths shall also be provided as appropriate to the urban or rural setting, and in accordance with any adopted plans and design guidelines.

(Ord. No. NS-1200.338, § 1, 9-10-13; Ord. No. NS-1200.359, § 29, 12-6-16)

The following findings are required for the approval of a cluster development plan in association with a subdivision application, in addition to applicable findings of the Subdivision Ordinance:

A.

The cluster development and subdivision conform with the goals, strategies, and policies of the general plan, particularly in regard to allowable density of development, open space and natural resource conservation, and avoidance or mitigation of potential adverse environmental impacts, including visual/aesthetic impacts in hillside areas.

B.

The cluster development plan and subdivision are consistent with the purposes and applicable provisions of the zoning ordinance, and such modifications to development standards as may be included in the proposed cluster development plan are deemed reasonable and appropriate to secure the purposes of this chapter.

C.

The cluster development plan and subdivision promote efficiency of access through the appropriate design and location of roads and driveways, including all necessary and appurtenant facilities, such as turnouts, turnarounds, parking areas, and other circulation components, such as trails, pathways, and walkways.

D.

The cluster development plan and subdivision minimize the overall amount and extent of grading and terrain alteration, consistent with applicable general plan policies, grading approval considerations, and findings, and achieves optimal efficiency in regard to the physical infrastructure improvements required for residential development, including retaining walls.

E.

The cluster development plan and subdivision achieve substantial conformance with any applicable development guidelines adopted by the County, are consistent with any adopted specific plans, and further the goals and objectives of any subject matter-specific plans, such as, but not limited to, the Habitat Conservation Plan.

(Ord. No. NS-1200.359, § 30, 12-6-16)

A cluster development plan and subdivision approval may be modified after approval and prior to the recordation of the applicable subdivision map according to the procedures set forth in Section 5.20.200, Modification of Plan Approval and applicable provisions of the Subdivision Ordinance.

Subsequent to the recordation the subdivision map, minor modifications to the approved building envelopes or other features delineated on the approved cluster development plan may be considered for the purpose of facilitating the development of a residence or residential accessory structures and uses, subject to an ASA Administrative Review for Minor Projects approval. The minor modification shall not affect or alter spatial features or information contained on the recorded subdivision map, or modify the terms of the prior subdivision approval, including conditions thereof. A minor modification may be approved by the Zoning Administrator if it is consistent with the subdivision approval, applicable general plan policies, the zoning ordinance, and County ordinance code requirements, provided that (a) it is deemed necessary and appropriate to achieving a demonstrably superior development outcome, and (b) that it better ensures compliance with the purposes of this chapter and any other applicable County development regulations and standards.

(Ord. No. NS-1200.338, § 1, 9-10-13; Ord. No. NS-1200.359, § 31, 12-6-16)