Chapter 18.56 — PLANNED RESIDENTIAL DEVELOPMENT

• A. Description. For purposes of this chapter, a "planned residential development (PRD)" shall be defined as a development comprised of one-family dwellings, including, but limited to, cluster subdivisions, condominiums, patio homes, community apartments, townhouses, duplexes, stock cooperatives, or any other hybrid form of ownership combining individual and communal interest in either land, buildings, structures and/or airspace on any parcel or related parcels, planned as a single entity rather than an aggregate of individual lots and having a predominant developmental feature which serves to unify or organize development. The PRD designation is intended for application to medium-low and medium density residential land uses proposed, including 4,500 square foot lots, single-family attached dwelling units, and apartments. Note that the PRD standards are designed to increase design flexibility. Density in the PRDD zone is controlled by the density as designated in the underlying zone.

• B. Purpose.

  1. The purpose of this chapter is to set forth criteria, standards, procedures and guidelines for the development of any planned residential development, the conversion of any existing buildings, structures, lands and/or open-spaces thereto, and for the maintenance of any buildings, structures, lands and/or open spaces therefor.

  2. The legislative intent of these provisions is to provide for greater design flexibility in singlefamily residential developments from siting regulations for conventional subdivisions in order to encourage:

     • a. A more creative approach to the development of land;

     • b. Variety in the physical development pattern of the city;

     • c. The conservation and enhancement of open space;

     • d. The conservation and efficient utilization of energy resources;

     • e. Economics in housing construction and maintenance to expand housing opportunities for all economic segments of the community;

     • f. Efficiencies in the provision of city services; and

     • g. The protection and enhancement of community property values.

  3. It is the express intent of the city to ensure that all PRDs include areas for living, open space, storage, recreation, vehicle circulation and parking, and other amenities, appropriate for the creation and enhancement of a desirable single-family residential living environment. All such areas shall be adequately maintained.

4. It is the further intent of the city that no planned residential development should be approved which exceeds the density of the underlying zone in which located, excepting within any approved density bonus area, or exceeding densities inhibiting the provision of amenities characteristic of conventional, single-family residential developments.

(Prior code § 9642.010)

The following uses may be permitted in the SFR and MFR zones subject to approval of a conditional use permit (CUP) in compliance with procedures and conditions as set forth in Chapter 17.16 , Development Application and Review Procedures, and as provided in this section:

One-family dwellings detached, semi-attached or attached; provided, however, that in any SFR zone, no building shall contain more than eight dwelling units except as may be specifically found to be in keeping with the intent and purpose of enhancement of single-family environs. (Prior code § 9642.020)

The following uses and/or structures may be permitted only where clearly incidental to a primary use:

• A. Accessory buildings and uses, including, but not limited to, private garage, recreational facilities, laundry rooms;

• B. Home occupation in compliance with all conditions and limitations of Chapter 17.124;

• C. Fences, hedges and walls, in compliance with the regulations prescribed hereinafter, and in Chapter 17.18, "Site Development Standards—General;

• D. Signs in compliance with the regulations prescribed hereinafter, and in Chapter 17.15 , Sign Regulations.

(Prior code § 9642.030)

Construction trailers, sales offices, temporary real estate signs in compliance with Section 17.15.090 , and such other temporary uses and/or structures as the administrative committee may determine to be similar to, or no more obnoxious than, the uses set forth hereinabove. (Prior code § 9642.040)

All planned residential developments (PRDs) including any land, buildings, structures and/or airspace therefor, and including the conversion of any existing land, buildings, structures and/or

airspace thereto, shall be subject to approval of a conditional use permit in compliance with all provisions of this chapter and Chapter 17.16 , Development Application and Review Procedures. (Prior code § 9642.050)

Any building or structure erected or located in any PRD shall comply with the provisions of Chapter 17.18, Site Development Standards—General, and of this chapter; provided, however, that in recognition of the many design variations possible in the various forms of planned residential developments, the planning commission and/or city council may improve such additional conditions on the approval of any PRD or allow such deviations from the guidelines set forth hereinafter as may be deemed necessary to ensure that the purpose and intent of this chapter is observed. (Prior code § 9642.100)

The following minimum standards shall apply:

• A. Minimum Project Site Area. Not less than one acre, excepting as may otherwise be deemed appropriate by the city, to provide adequate area to permit unified planning and development consistent with the intent and purpose of this title.

• B. Maximum Residential Density. When located in any SFR (single-family) or MFR (multifamily) zone, not to exceed the maximum density allowable in the underlying zone in which such PRD is located excepting within any adopted density bonus area.

• C. Maximum Project Site Coverage. The maximum coverage by all buildings and structures, excepting roof overhangs, open balconies and uncovered porches, shall not exceed the maximum site coverage allowable in the underlying SFR or MFR zone.

• D. Minimum Floor Area per Dwelling. The minimum floor area per residential dwelling unit shall not be less than the minimum floor area allowable in the underlying SFR or MFR zone.

• (Prior code § 9642.102)

Excepting permitted encroachments into required yards, as set forth in Chapter 17.18, the setback of any buildings or structures exceeding 42 inches in height shall be not less than as provided in the underlying SFR or MFR zone; provided, however, that the city may modify the standards of the underlying zone in which any PRD is to be located to provide greater or lesser setbacks. Such deviation from the underlying zone will be allowed in order to ensure compatibility with contiguous land uses, or permit such higher walls or other visual/acoustical barriers within setback areas as determined necessary by the city to protect the public safety and welfare. All required setback and/or yards, excepting vehicular or pedestrian accessways and recreational facilities as permitted, shall be landscaped in accordance with a landscaping plan as approved by the city's design review committee.

(Prior code § 9642.103)

Notwithstanding the setback and yard provisions of this zone, projections may be permitted into required yards in compliance with the provisions of Section 17.128.080, and the following:

• A. Openwork fences, hedges, landscape architectural features, including patios, open air grills and similar features, or guard railing for safety, protection around depressed ramps, not more than three and one-half feet in height, may be located in any required front, side or rear yard;

• B. Roofed patios open on at least three sides may be permitted in a required rear yard, but shall not be located less than 10 feet from a rear property line as measured from the rear property line to the nearest face of any post of the roofed patio.

• (Prior code § 9642.104)

• A. Each planned residential development shall contain private outdoor living space as follows:

Each dwelling unit shall be provided with a minimum of 60 square feet of private outdoor living space in the form of a balcony, a fenced yard or a combination thereof. The minimum dimension of such space shall be six feet in either direction.

• B. Common Outdoor Living Space. A minimum of 250 square feet of usable common outdoor living space per dwelling unit shall be provided in both planning areas 9 and 11 in the San Antonio Lakes specific plan area.

  1. The minimum dimension for the space will be 25 feet in either dimension.

  2. Portions of setbacks (excluding the front yard setback) which are contiguous with and an integral part of the outdoor living space may be included in calculating the area and minimum dimensions of such space.

  3. Pools and paved recreation areas may be developed in the required common space.

  4. Not less than 30 percent of this common required space shall be in permanent landscaping.

  5. Outdoor living areas shall be reasonably accessible to dwelling units served.

  6. Driveways and parking areas shall not be included in calculations of outdoor space.

  7. Such areas shall not be located within 10 feet of any ground floor dwelling unit wall having windows or other openings.

  8. No public, active recreational facilities shall be located nearer than 20 feet to any dwelling unit wall having windows or other openings, or to any site boundary abutting a private residential zoned property.

• C. This provision of private and common outdoor living space shall be subject to review and approval by the planning director through the design review process as per Chapter 17.16 .

• D.

1. An active outdoor recreational facility and a play area for children shall be provided for the occupants in both planning areas 9 and 11 in the San Antonio Lakes specific plan area. The active outdoor recreational facility shall contain a minimum of two of the following facilities:

   • a. Swimming pool and spa;

   • b. Tennis court(s);

   • c. Basketball courts;

   • d. Racquetball courts;

   • e. Volleyball courts;

     • f. Barbecue pits and picnic areas;

     • g. Such other facilities as may be approved by the planning director.

   2. The exact design and types of outdoor recreation facilities and children's play areas, as well as the extent of developments, shall be subject to review and approval by the planning director through the design review process as provided in Chapter 17.16 .

• E. Required Fencing. Fences, hedges and walls not to exceed six feet in height may be permitted on or within the rear or side property lines on any interior lot or any normal corner lot and to the rear of any required front setback or yard line, and as otherwise provided in this subsection:

1. Common outdoor open space areas shall be separated from adjoining residential side and rear yards by a minimum five-foot-high decorative block and wrought iron fence (to permit views into the open space from the residential yard), or a minimum five-foot-high decorative solid block wall, subject to review and approval by the planning director.

   2. A six-foot-high fence or wall shall be constructed at the tops of slopes when all of the following conditions apply:

      • a. Where the top of the slope is a property line between the adjoining lots held under separate ownerships;

      • b. Where the difference in vertical elevation between the top and the toe of the slope is six feet or more; and

      • c. Where the grade of the slope between the property line at the top of the slope and the toe of said slope is 2:1 or greater.

   3. On Corner Lots. Excepting reverse corner lots, a six-foot-high fence, hedge or wall may be located on the side property lines on the street side of a corner lot.

   4. On Reverse Corner Lots.

      • a. No fence over four feet in height, nor any wall or hedge over three feet in height shall be permitted in any required front yard or in any required side yard on the street side of a reverse corner lot, excepting any SFR zone wherein a fence, wall or hedge, not less than five feet nor more than six feet in height, may be permitted in the required side yard on the street side of any reverse corner lot, provided the fence, wall or hedge is set back not less than 15 feet from the street side property line of the lot.

      • b. On any newly created reverse corner lot, a solid masonry wall, not less than five feet nor more than six feet in height, shall be erected along the entire length of the streetside yard of the lot; provided, however, that the wall shall be set back not less than 15 feet from the side property line, as specified in Section 17.18.060, Structural setbacks and yards—Special.

   5. A solid six-foot-high masonry wall designed to building department specifications shall be constructed around the project perimeter zone boundary and all areas designated by the planning department to be dangerous to the health and safety of the general public.

   6. Prohibited wall and fencing materials include barbed wire, electrically charged fences, plain exposed concrete block, plastic materials, corrugated metal, chain link, and grapestake.

   7. Nothing in this section shall be deemed to set aside or reduce the requirements established for security fencing by either local, state or federal law, or by safety requirements of the board of education.

• F. Care and Maintenance of Communal Facilities. Approval of Any PRD shall be subject to the approval of a legal instrument(s) setting forth a plan or manner of permanent care and maintenance of all setbacks, yards, recreational/open space areas and all communally-owned

facilities. All such instrument(s) shall be subject to approval of the city attorney as to legal form and effect and by the city council as to suitability.

(Prior code § 9642.105)

The maximum height of any structure shall not exceed 35 feet except as provided in Section 18.08.150 , Structural height limitations, or such lesser height as the city council may find necessary so as to ensure compatibility with development in the environs in which any such PRD is to be located.

(Prior code § 9642.106)

All utilities providing service to PRDs shall be installed in underground locations as appropriate and shall be subject to the following provisions:

• A. All dwellings shall be separately metered for gas and/or electrical utility services;

• B. A water shut-off value shall be provided for each dwelling;

• C. Sewer lines and/or mains shall be so located that no such line or main shall extend under any building or structure other than the building or structure such utility is intended to serve. In no case shall individual lines or mains for any dwelling extend under any other dwelling.

• (Prior code § 9642.107)

The provisions of Chapter 17.22 shall apply, excepting as provided in this section:

• A. Vehicle Access. In order to provide greater flexibility of development and to preserve natural terrain features and open areas, the city council may, upon the favorable recommendation of the planning commission and the city engineer, grant such modifications of city street design standards for interior local streets as may be deemed necessary to assure that the spirit and intent of this chapter are observed and the public welfare and safety secured; provided, however, that the minimum clear width of any roadway necessary for fire lane purposes, shall be not less than the following: where parking is permitted on both sides of such roadway, not less than 36 feet.

• B. Lighting. In addition to standard street lights for all dedicated streets, a system of adequate lighting shall be provided for all private interior streets and walkways. The spacing and height of all light support structures and the intensity of all lights shall be reviewed by the city engineering department to determine the adequacy of such lighting for safe pedestrian and vehicle circulation.

• C. Minimum Number and Type of Parking Spaces per Dwelling.

  1. Not less than two parking spaces, in an enclosed garage, designated for exclusive use by occupants of the dwelling each such garage is intended to serve, shall be provided for each dwelling.

  2. Additional parking spaces shall be provided as follows:

One-half of a standard parking space is required for guest parking per each dwelling.

• D. Required Location of Parking Spaces. All enclosed parking spaces shall be located not more than 100 feet from, and be readily accessible to, the dwelling such spaces are intended to serve. Open or covered parking spaces may be dispersed throughout the project site in such off-street areas as common bays and/or tandem spaces in garage driveways, or such other locations as may be determined by the planning commission to meet the intent and purpose of these provisions; provided, however, that not more than five uncovered spaces shall adjoin each other without intervening landscaped areas improved to the satisfaction of the city's design review committee. It is the spirit and intent of this chapter that parking areas shall not dominate either open space or landscaping areas.

• E. Required Screening of Parking Facilities. The entryways to all enclosed parking spaces shall be screened from adjacent streets and properties and from living or recreational and/or open space areas to the satisfaction of the design review committee.

• F. Storage of Recreational Vehicles. The outdoor storage of boats, campers, trailers or other similar recreational vehicles shall not be permitted excepting within areas exclusively reserved and designed for such purposes. Any such areas proposed or required shall be designed on development plans and provided for in the project associations covenants, conditions and restrictions (CC&Rs); any such areas shall be enclosed and screened from public view to the satisfaction of the community development director through the city's design review process. Where the CC&Rs make allowance for storage of recreational vehicles on individual residential lots, the provisions of Chapter 17.24 shall apply.

(Prior code § 9642.108)

The provisions, covenants and restrictions of Chapter 17.15 pertaining to sign regulations for multifamily residences shall apply. (Prior code § 9462.110)

The provisions, covenants and restrictions of Section 17.126.090, Development review and permits, shall apply.

(Prior code § 9462.120)

All proposals for the establishment of a planned residential development (PRD) shall be subject to application for, and approval of, a conditional use permit (CUP) in compliance with all provisions of this title, the California Subdivision Map Act (SMA) and as further provided in this section:

• A. Pre-Submittal Review. Prior to submission of an application for a conditional use permit (CUP), the applicant(s) shall submit to the planning director generalized development plans, including lot sizes and open spaces proposed, existing and proposed deed restrictions and easements, existing neighborhood development, and any other information which may be reasonably required to aid and assist the planning department in its initial consideration of the planned residential development.

• B. Application for Conditional Use Permit. After completion of preliminary conference(s), the applicant(s) shall file a request for a conditional use permit. A professional team approach in the preparation of the planned residential development plan is required. This team should include,

but is not limited to, a registered architect, registered landscape architect and a registered civil engineer. The following shall be submitted:

1. Preliminary title report showing vested ownership and all covenants, conditions, restrictions and reservations of record;

2. Statement of intent:

   • a. Reason why the subject property is suitable for planned unit development,

   • b. Type of residences to be constructed or converted,

   • c. Method and time schedule of development and improvement of the projects. The sequence of construction of various portions of the development shall be indicated if the construction is to occur in stages,

   • d. Purpose and proposed use of the open space(s) to be provided,

   • e. State the manner in which the units will be sold (i.e., type of ownership);

3. Development plans (drawn to a scale of not less than 60 feet to the inch) indicating the boundaries of the site, topography and a proposed grading plan, with contours at intervals not greater than five feet, extending a distance of 50 feet beyond the boundaries of the development; the width, location and names of surrounding streets, proposed street sections and improvements; existing and proposed sewer lines; existing and proposed surface and improved drainage; the topography, location, dimensions and uses on adjacent property of all existing buildings and structures within 100 feet of the boundary line of the subject site; the location, dimensions, ground floor area and uses of all existing and proposed buildings and structures on the subject site; landscaping; parking areas, including the size and number of stalls and the internal circulation pattern; signs, including location, size and height; pedestrian, vehicular and service ingress and egress; location, height and material of walls and fences; and other specific uses of the site;

4. Schematic drawings and rendering to scale showing the architectural design of all buildings and structures;

5. Statistical information including the following:

• a. Total site acreage of site area,

  • b. Height, ground floor area and total floor area of each building,

  • c. Number of dwelling units in each building,

  • d. Building coverage expressed as a percent of the site area,

  • e. Area of land devoted to landscaping and/or open space usable for recreation purposes, and its percentage of the site area and net area;

6. Landscaping plan shall be in accordance with the provisions of Chapter 17.12 and indicating:

   • a. All mature trees, indicating those to be retained, removed, or relocated,

   • b. Special landscape features to be retained or created, such as rocks, walls, fences, etc. and all other landscaping to be provided and irrigation facilities, therefor,

   • c. Recreation areas and facilities to be provided,

   • d. Proposed grading in contour intervals of not less than two feet;

   7. All architectural plans shall be submitted in accordance with the policy of the city's design review committee relative to residential planned unit developments;

   8. Where subdivision of land is intended, Title 16 of the Upland Municipal Code, as amended or superseded, shall apply on approval of the conditional use permit application;

   9. Such other information reasonably required to assist and aid the planning commission and city council in a proper consideration of the proposal. In the case of any proposed conversion of existing buildings, structures, land and/or open spaces to a planned residential development, the submittal provisions of subsection C of this section shall also apply as provided hereinafter.

• C. Physical Elements Report. In addition to the submittal requirements of subsection B of this section, any proposal for the conversion of any existing buildings, structures, lands and/or open spaces to a planned residential development shall include a report on the physical elements of all existing structures and facilities to be converted for such purposes. The final form of the physical elements report and other documents shall be as approved by the administrative committee. The reports in their acceptable form shall remain on file with the department for review by any interested persons. The report shall be referenced in the subdivision report to the planning commission. The physical elements report shall include, but not be limited to, the following information:

f the physical elements report and other documents shall be as approved by the administrative committee. The reports in their acceptable form shall remain on file with the department for review by any interested persons. The report shall be referenced in the subdivision report to the planning commission. The physical elements report shall include, but not be limited to, the following information:

1. Structural Condition. A report detailing the condition and estimating the remaining useful life of each project proposed for conversion: roofs, foundations, exterior paint, paved systems, including sewage systems, swimming pools, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including automatic sprinkler systems, alarm systems, or standpipe systems, and structural elements. Such report shall be prepared by an appropriately licensed contractor or architect or by a registered civil or structural engineer other than the owner. For any element whose useful life is less than five years, a replacement cost estimate shall be provided. Regarding each such element, the report shall state, to the best knowledge or estimate of the applicant, when such element was built; the condition of each element when the element was replaced; the approximate date upon which the element will require replacement; the cost of replacing said element; and any variation of the physical condition of the element from the city housing code and city building code in effect on the date that the last building permit was issued for the subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed.

2. Pest Control Report. A report from a licensed structural pest control operator, approved by the city, on each structure and each unit within the structure.

3. Soils. A report on any known soil and geological conditions regarding soil deposits, rock formations, faults, groundwater, and landslides in the vicinity of the project and a statement regarding any known evidence of soils problems relating to the structures. Reference shall be made to any previous soils reports for the site and a copy submitted with said report.

4. Refurbishings. A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a high degree of appearance and safety.

5. Unique Provisions Report. A statement of any unique provisions of the proposed covenants, conditions and restrictions which would be applied on behalf of any and all owners of condominiums units within the project. With regard to stock cooperatives, this submission shall consist of a summary of proposed management, occupancy and maintenance policies on forms approved by the city attorney.

6. Notification of Intent to Convert. The subdivider shall submit evidence that a certified letter of notification of intent to convert was sent to each tenant for whom a signed copy of the

notice is not submitted. All such notices of intent to convert shall contain not less than the following information:

  - a. Name and address of the current owner(s) and proposed subdivider(s); 

  - b. Approximate dates on which both the tentative map and final map are proposed to be filed; 

  - c. Approximate date on which the unit is to be vacated by nonpurchasing tenants; 

  - d. Tenant's Right to Purchase. As provided in Government Code Section **66427.1(b)** any present tenant or tenants of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least 60 days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later; 

  - e. Vacation of Units. Each nonpurchasing tenant, not in default under the obligations of the rental agreement or lease under which he or she occupies his or her unit, shall have not less than 120 days from the date of receipt of notification from the owner of his or her intent to convert or from the filing date of the final subdivision, whichever date is later, to find substitute housing and to relocate. 

  - f. Increase in Rents. From the date of approval of the tentative subdivision map, until the date of conversion, no tenant's rent shall be increased (i) more frequently than once every six months; and (ii) at a rate greater than the rate of increase for residential construction in the dodge construction potential for San Bernardino County, on an annualized basis, for the same period. This limitation shall not apply if rent increases are provided for in leases or contracts in existence prior to the filing date of the tentative map. 

  - g. Moving Expenses. Any relocation assistance plan proposed by the subdivider, including, but not limited to, any provisions for payment of moving expenses, shall be contained in the notification of intent to convert. 

  - h. Notice to New Tenants. After submittal of the application to convert, any prospective tenants shall be notified in writing of the intent to convert prior to leasing or renting any unit and shall not be subject to the provisions of subsections (C)(6)(f) and (g) of this section. 

• D. Application Processing. The procedure for consideration of a conditional use permit shall be as prescribed in Chapter 17.16 , Development Application and Review Procedures in the same manner as prescribed in Section 17.126.090 for the processing of applications for residential planned unit developments.

• E. Conditions, Restrictions and Modifications.

  1. As a condition of the approval of a development plan, hereunder, the planning commission may recommend and the city council may impose such other appropriate and reasonable conditions and restrictions, and permit such modifications as it may deem necessary to ensure that the purpose and intent of this title are observed.

2. Once a development under these provisions is initiated, the conditional use permit, the development plan upon which it is based, and the conditions attached thereto, shall (except as may be amended) be binding upon the applicants, their successors and assigns; shall run with the land; and shall regulate the construction, location, use and maintenance of all land and structures within the development.

   3. Revision of Plans. Revised development plans shall be submitted and processed in the same manner as the original development plan. When approved, such revised

development plan shall automatically supersede any previously approved plan.

• F. Conditions, Covenants and Restrictions. Any conditions, covenants and restrictions governing any planned residential development shall be in conformity with all provisions of Section 17.18.010 of the Upland Municipal Code.

(Prior code § 9643; Ord. 1854 § 31, 2010)

The provisions, covenants, restrictions, conditions, procedures and required findings specified in Chapter 17.16 , Development Application and Review Procedures, shall apply. (Prior code § 9643.140)

The provisions, covenants and restrictions of Section 1.16.010 , Penalty provisions—Infractions, of the Upland Municipal Code shall apply. (Prior code § 9643.150)