Chapter 20.420 — MULTI-FAMILY DEVELOPMENT

This Chapter provides standards and guidelines for multi-family development. The guidelines are intended as a reference to assist the designer/developer in understanding the City's clearly stated goals and objectives for high quality multi-family residential development. These guidelines shall be utilized during the design of the project as well as during the City's development review process to encourage the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers. (Ord. 1017, 2013)

• A. These standards and guidelines shall apply to all proposed multi-family residential projects, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). Multi-family residential projects shall include projects with two or more attached or detached dwelling units where units are either rental or fee ownership. Multi-family residential projects may include apartments or condominiums.

• B. Any addition, remodeling, relocation, or construction requiring a Building Permit shall adhere to these standards and guidelines.

• C. In the event of a conflict between guidelines in this Chapter and the development standards in Chapter 20.210 (Residential Zones), the development standards shall prevail.

(Ord. 1017, 2013)

• A. Projects of three or fewer units shall require a Zoning Clearance in compliance with Chapter 20.560 (Zoning Clearance).

• B. Projects of four to 50 units shall require approval of a Site Plan and Design Review in compliance with Chapter 20.530 (Site Plan and Design Review).

• C. Projects of 51 to 500 units shall require approval of a Planned Development Permit in compliance with Chapter 20.520 (Planned Development Permits).

• D. Projects of 100 acres or more, or 500 units or more, shall require approval of a Specific Plan in compliance with Chapter 20.535 (Specific Plans).

• (Ord. 1017, 2013)

• A. Types of required amenities. All multi-family projects shall provide the number of amenities indicated in Table 4-4 (On-Site Recreation Amenities for Multi-Family Projects). The developer shall select the amenities to be provided. Recreational amenities shall be designed to serve the anticipated inhabitants of the residential project.

• B. Minimum number of amenities. Multi-family developments with 12 or more units shall provide on-site recreational amenities within the site that may include: a swimming pool; spa; clubhouse; project office; tot lot with play equipment; picnic-shelter—barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or daycare facilities. The type of amenities shall be approved by the Director and provided according to the following schedule:

• C. Common areas and facilities.

  1. Common areas and facilities (i.e., open space, recreation facilities, parking areas, etc.) shall be owned and maintained by a mandatory homeowner's association in developments of fee ownership units.

  2. Every owner of a lot or dwelling unit shall have either an undivided interest in the common areas and facilities or shall own a share in the corporation, community association, or limited partnership owning the common areas and facilities.

  3. The corporation, community association, or limited partnership shall maintain the common areas and facilities as shown on the final approved Site Plan and Design Review.

• D. Covenants. The covenants, conditions, and restrictions (CC&Rs) shall include a plan for the permanent care and maintenance of common areas and communal facilities and shall be approved by the City Attorney and Director. The CC&Rs shall be approved before final or parcel map approval. When approved, the CC&Rs shall be recorded in the office of the Orange County Recorder.

• E. Administration. Management and security plans shall be submitted for review and approval for developments with 12 or more dwelling units. These plans shall be comprehensive in scope.

• (Ord. 1017, 2013)

This Section provides standards in addition to the standards in Article 2 (Zones, Allowed Uses, and ZoneSpecific Standards) and Article 3 (Standards for All Zones).

• A. Minimum dwelling unit sizes. Table 4-5 (Minimum Dwelling Unit Sizes for Multi-Family Development) shows minimum dwelling unit sizes required for multi-family development. The dwelling unit size shall be computed by calculating the living area as measured from the outside of walls and excludes garages, carports, exterior courtyards, patios, and balconies. For purposes of calculation, any separately enclosed habitable room shall be considered a bedroom regardless of designation as a den, family room, study, or similar room.

• B. Handicap provisions. In the RH (High Density Residential) zone, one unit per 15 shall be constructed with handicapped provisions.

• C. Circulation. Public and private streets within a development shall be designed to reflect the nature and function of the street and shall conform to City Standards and Specifications.

  1. Public streets dedicated to the City shall be constructed in compliance with City Standards and Specifications.

  2. Private streets shall be allowed when there is a homeowner's association established to maintain them. The streets shall be built to City Standards and Specifications.

  3. Construction of drainage and pavement shall conform to City Standards and Specifications.

  4. Driveway approaches within multi-family developments of 12 or more units shall be delineated with interlocking pavers, rough-textured concrete, or stamped concrete and landscaped medians.

• D. Parking.

  1. Off-street parking shall be provided in compliance with Chapter 20.320 (Off-Street Parking and Loading Standards). Spaces for multi-family residential developments shall be located within 150 feet of the dwelling unit (front or rear door) for which the parking space is provided.

  2. Carports.

     • a. Carports shall have a minimum dimension of 10 feet by 20 feet with a minimum 25-foot turning radius.

     • b. For multi-family rental units with three or more attached dwellings, carports shall be considered covered parking.

• c. When covered parking area is required for three or more dwellings, each dwelling unit shall be provided a minimum of 150 cubic feet of private enclosed storage space within the carport, garage, or immediately adjacent to the dwelling unit. A maximum of 25 percent of this total requirement may be satisfied within a common recreation or storage structure.

  - d. Carports shall be designed as an integral part of the development and integrated architecturally with the residential structures. 
  
  - e. No carports shall be oriented toward or visible from a public right-of-way. The ends of carport structures shall be supplied with screening walls and/or mature landscaping to screen parking facilities. 
  
  - f. Driveway access points to public rights-of-way shall be offset or supplied with a landscaped median to screen the view of driveways and parked vehicles. 
  
  - g. Carports shall be adequately lit with a protected lighting system illuminating all interior portions of the carports, but not reflecting light toward dwelling units. The lighting system shall be operated on a timing device. 
  
  - h. Carports shall be assigned to units or shown as guest parking through the use of painted or affixed letters or numerals. 
  
  - i. No open storage or open storage bins shall be allowed within carports. 
  
  - j. Carports shall be constructed of low maintenance materials and shall have architecturally compatible solid decorative masonry block walls from grade to roof when built at the minimum setback line. 
  

  3. Recreational vehicle parking.

     • a. Individual parking/storage spaces shall measure not less than 12 feet by 30 feet and shall have direct access to a driveway with a minimum paved width of 25 feet.

     • b. Parking/storage spaces shall be paved and drained.

• E. Open space.

  1. Required Common Open Space.

     • a. Multi-Family Development - Apartment: Multi-family development with 12 or more dwelling units shall provide 30 percent of the total site area for usable open space for passive and active recreational uses. Usable common open space areas shall have minimum dimensions of 15 feet in width.

     • b. Multi-Family Development - Single-Family Detached Dwelling and Single-Family Attached Condominium Projects: A minimum of 5 percent of the total site area shall be dedicated for usable open space for passive and active recreational uses. Usable common open space areas shall have minimum dimensions of 15 feet in width. Required front and streetside setback areas may not be utilized for usable common open space.

  2. Multi-family development with 12 or more dwelling units shall provide 30 percent of the total site area for usable open space for passive and active recreational uses. Usable common open space areas shall have minimum dimensions of 15 feet in width.

3. For purposes of this Chapter, usable open space shall not include a driveway, driveway easement, parking areas, required front or exterior street side open landscape setbacks, areas adjacent to or between any structures less than 15 feet apart, any portion of the required square footage for private patio/rear setback areas, or any type of roofed or enclosed structure except a specifically designated recreation structure. Interior side setbacks may apply toward open space, as well as any enclosed street side setbacks.

   4. Each one square foot of equipped outdoor recreation areas containing swimming pools; children's playgrounds with equipment; tennis, volleyball, shuffleboard, or handball courts; and similar facilities may count as fulfilling two square feet of required common open space area, subject to the Director's approval, for up to 30 percent of the total required open space.

   5. Each dwelling unit shall have direct access to the private open space designed to serve the unit.

   6. Each dwelling unit shall have a private (walled) patio or balcony, or a combination of the two, with the following minimum dimensions:

      • a. Projects up to 11 units. A minimum area of 100 square feet for upper levels with a minimum dimension of seven feet in width; or a minimum area of 150 square feet for lower ground floor units, with a minimum dimension of 10 feet in width.

      • b. Projects of 12 or more units. A minimum area of 250 square feet or 25 percent of the total dwelling unit size, whichever is less.

   7. Portions of private open space patios, balconies and rear setback areas may be applied to meeting the common open space requirement only when a private open space/patio area exceeds the minimum requirement as specified in Subparagraph 6, above.

   8. Only the square footage of the private open space that exceeds the minimum requirements may be applied towards common open space. However, private open space may not comprise more than 50 percent of the common open space requirement.

   9. Any patio enclosure shall be processed as a room addition. Setbacks of five feet from side and rear lot line shall be required.

• F. Setbacks. When a High Density Residential (RH) zone abuts a Residential Estate (RE) zone or a Low Density Residential (RL) zone at the rear or side lot line, additional setbacks are required as follows:

  1. Rear setbacks. An additional setback of five feet over the minimum 15 feet is required for two story structures, for a total of 20 feet; an additional five feet of setback is required for a third story, for a total of 25 feet.

  2. Side setbacks. An additional setback of five feet is required over the minimum setback of five feet for two story structures, for a total of 10 feet; an additional five feet of setback is required for a third story, for a total of 15 feet.

  3. Application of additional setbacks. Additional setbacks over the first story may be applied either as a setback from the lot line, or the structure may be stepped back above the first floor.

4. Variable front setback. Projects with 12 or more units shall have a minimum setback of 20 feet. Variable front setbacks are encouraged, and 50 percent of garages, where included in site design as covered and enclosed, shall be set back an additional four feet from the front lot line.

• G. Laundry facilities. For multi-family residential projects of 12 or more units, common laundry facilities shall provide a minimum of two washers and two dryers, plus one additional washer and one additional dryer for each additional 12 units. Common laundry facilities are not required when washer/dryer hookups are provided within each individual unit.

• H. Storage areas. Storage areas shall be completely screened from exterior view by a combination of landscaping, masonry walls, fences or other comparable screening devices six feet in height, subject to the approval of the Director.

• I. Trash areas. Trash collection facilities must be provided for all residential developments. If the Waste Disposal Company allows the development to utilize single-unit trash receptacles for each unit and an agreement is in place, a trash enclosure would not be required to be provided on-site. For all other residential developments that the Waste Disposal Company does not permit individual unit trash pick-up, a trash enclosure must be provided. All trash and garbage collection areas shall be screened from view from any public street and shall be enclosed on all four sides with a minimum six-foot high decorative masonry block wall and non view-obscuring gate.

  1. Areas shall be conveniently located for residents, but shall not directly abut any dwelling unit.

2. The size of trash enclosures and the construction shall be subject to approval.

(Ord. 1017, 2013)

• A. Window offset. Windows of multi-family residential units shall be offset at least three feet from, or angled to prevent a direct view into, the windows of an adjacent single-family residential dwelling in the Residential Estate (RE) zone and the Low-Density Residential (RL) zone.

• B. Upper story balconies. Upper story balconies shall face interior courtyards/open space areas within a multifamily development and shall not face into the side or rear setback areas of adjacent single-family residential zones.

• C. Multi-family residential projects 12 or more units. The following standards apply to all multi-family residential projects of 12 or more units:

  1. A six-foot high masonry block wall or other wall/fence shall be constructed along all interior lot lines and measured from the highest ground surface within 20 feet of the lot line.

  2. Structures in the RM zone shall not exceed two stories, or 32 feet. Attached single-family fee ownership or multi-family apartment structures in the High-Density Residential (RH) zone shall not exceed three stories, or 42 feet.

  3. A maximum of six units may be attached side-by-side and a minimum four-foot offset for every two units shall be provided on the front of the structure. See Figure 4-1 (Front Façade Design for Multi-Family Residential Development).

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Figure 4-1 Front Façade Design for Multi-Family Residential Development

(Ord. 1017, 2013)