§ 8-7

The purpose of this chapter is to protect the public health, safety and welfare by the regulation of development of planned unit developments, condominiums, community apartments and stock cooperatives. The chapter is intended to implement the Yuba City Urban Area General Plan Housing Element by:

(a)

Providing a wide range of housing opportunities for all segments of the population.

(b)

Providing for balanced neighborhoods with differing housing supplies.

(c)

Reducing impact of planned unit developments, condominium projects, community apartment projects and stock co-operative projects on adjacent residential areas.

(§ 1, Ord. 839, eff. July 16, 1980)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

"Community apartment project" shall mean a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

(b)

"Condominium" shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property.

(c)

"Condominium project" shall mean the subdivision of real property to create five or more condominiums.

(d)

"Planned unit development" shall mean a residential development in which the subdivision and zoning regulations apply to the project as a whole, rather than to its individual lots. Densities are calculated on a project-wide basis permitting, among other things, the clustering of houses and provision of open space. Overall density cannot exceed that established in the General Plan.

(e)

"Stock co-operative" shall mean a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of real property, title to which is held by the corporation, which right to occupy is transferable only concurrently with the transfer of share or shares of stock in the corporation held by the person having such right of occupancy.

(§ 1, Ord. 839, eff. July 16, 1980)

No person, firm, corporation, partnership or other entity shall develop a planned unit development, a condominium project, a community apartment project or stock co-operative project without first having secured approval of a permit allowing such development by the Planning Commission or upon appeal, the City Council and having been issued a development permit by the Planning Director. Any permit issued hereunder may be made subject to such reasonable terms and conditions as in the judgment of the Commission is necessary to ensure compliance with the purpose, spirit and intent of this chapter.

(§ 1, Ord. 839, eff. July 16, 1980)

Application for permit pursuant to this chapter shall include the following:

(a)

A development plan of the project site including:

(1)

The exterior boundaries and dimensions proposed at the project site and the names and locations of adjacent streets.

(2)

The physical development proposed on the site, including the size, shape, location, type of materials to be used and use of all buildings, structures, paved areas, landscaped areas, open spaces, walls, fences, recreational facilities, utilities, exterior lighting, directional signs and other common facilities.

(3)

Proposed elevations.

(b)

A schedule of completion for all physical development of common facilities proposed in the project.

(c)

A maintenance plan for all physical development detailing landscape, paving and building maintenance features of the project.

(d)

A copy of the proposed covenants, conditions, and restrictions to be applied to the project.

The final form of the application shall be as approved by the Planning Director and shall remain on file in the Planning Department for review by any interested persons. The application shall be referenced in the Department's report to the Planning Commission.

(§ 1, Ord. 839, eff. July 16, 1980)

Building requirements:

(a)

The project shall conform to the applicable standards of the adopted building related codes found in Title 7, Yuba City Municipal Code.

(b)

Structures abutting or within 45 ft. of developed R-1 zoned property shall be limited to one story.

(c)

Fire alarm systems shall be provided to the satisfaction of the Fire Chief.

(d)

Fire protection shall be provided to the satisfaction of the Fire Chief.

(e)

Separate meters for gas and electricity shall be provided for each unit.

(f)

Sound transmission shall meet standards established in Article 4 of Title 25, California Administrative Code.

(g)

Provision for joint use of water service shall be provided.

(h)

Weatherized, lockable storage facilities shall be provided at a rate of 200 cubic ft. per unit where individual garages do not exist.

(i)

Declarations of covenants, conditions and restrictions shall include a statement requiring each individual owner and the owners' association to comply with all building and safety codes enforced by the City Building and Fire Departments.

(j)

Domestic water shall be metered. Master meters shall be used wherever possible.

(§ 1, Ord. 839, eff. July 16, 1980)

(a)

Streets shall be constructed with a minimum structural section of two in. type B a.c. on four-in. Class II aggregate base to the satisfaction of the Public Works Director.

(b)

Drainage shall be provided to the satisfaction of the Public Works Director.

(c)

Minimum width of interior streets shall be 24 ft.

(d)

Minimum curve radii shall meet the requirements of the Fire Department.

(e)

Streets shall be identified as private streets and posted for no parking.

(f)

Dead-end streets shall provide turn-around space as required by the Fire Chief and Public Works Director.

(g)

No obstructions shall be placed within 14.5 ft. vertical clearance.

(h)

Private street intersections with public streets shall be constructed as standard intersections or driveways as required by the Public Works Director.

(i)

Private streets shall be designed in loops wherever possible.

(§ 1, Ord. 839, eff. July 16, 1980)

(a)

Screened rubbish collectors shall be provided sufficient to serve all units and located for convenience to users and rubbish disposal contractors.

(b)

Pedestrian pathways shall connect parking areas to individual units.

(c)

Lighting shall be provided to avoid dark spots in the common areas.

(d)

Sewer collection system shall be designed to the satisfaction of the Public Works Director.

(e)

Landscaping and recreation facilities shall be provided in conformity with the plan submitted. Such landscaping shall cover at least 15% of the site and be designed to maximize the benefit to the residents of all units in the development.

(f)

Laundry facilities shall be provided for the units. Common laundry facilities shall provide one washing machine and one clothes dryer per eight units without individual facilities.

(g)

Unit numbers shall be provided so as to be visible for emergency use to the satisfaction of the Fire Chief.

(h)

Lighted directory providing guidance to units shall be provided to the satisfaction of the Fire Chief.

(i)

All other regulations of the City and State of California applicable to the development project, including subdivision and zoning regulations, shall be complied with.

(§ 1, Ord. 839, eff. July 16, 1980)

(a)

Parking lots shall be paved with two in. type B a.c. on four-in. Class U aggregate base.

(b)

Drainage shall be provided to the satisfaction of the Director of Public Works.

(c)

Parking shall be provided at a rate of at least 1½ spaces per one bedroom or studio unit and two spaces per unit containing two or more bedrooms per unit. Such spaces shall be assigned to specific individual units to provide no less than one designated space per one bedroom or studio unit and no less than two designated spaces per unit containing two or more bedrooms. Guest parking shall additionally be provided at a rate of one space per three units. Required guest parking may include spaces not assigned to individual units. Such spaces shall be designated for guest parking only.

(d)

Parking spaces and maneuvering areas shall be designed in accordance with City regulations.

(e)

Declaration of covenants, conditions and restrictions shall provide that no recreational vehicles or trailers shall be parked on the project property unless a parking area for such vehicles is specifically set aside and such parking area is in excess of the 2.3 parking spaces per unit required under Section 8-5.708(c).

(§ 1, Ord. 839, eff. July 16, 1980)

Public notice of consideration of all applications pursuant to this chapter by the Planning Commission, or the City Council on appeal shall be given in the same manner as that given for subdivision considerations.

(§ 1, Ord. 839, eff. July 16, 1980)

The Planning Commission, or the City Council on appeal, shall not approve any applications unless the Planning Commission or City Council can find that:

(a)

All provisions of this chapter are met.

(b)

The project is not detrimental to the health, safety, or general welfare of the community.

(c)

The project is consistent with the General Plan Land Use and Housing Elements.

(§ 1, Ord. 839, eff. July 16, 1980)

Report to the City Council. Following action by the Planning Commission, a report on the project and the Planning Commission action thereon shall be transmitted to the City Council for its information.

(§ 1, Ord. 839, eff. July 16, 1980)

The City Council shall establish by resolution, and may amend and revise from time to time, fees for

processing the various applications authorized or required by this chapter. All fees shall be paid at the time an application is filed, and no processing shall commence until the fee is paid in full.

(§ 1, Ord. 839, eff. July 16, 1980; § 1, Ord. 1022, eff. Mary 11, 1987; § 1, Ord. 17-92, eff. September 3, 1992)

The requirements of this chapter may be modified by the Planning Commission, or on appeal by the City Council, when at least one of the following findings can be made based on evidence presented at the hearing:

(a)

There are exceptional or extraordinary circumstances or conditions applicable to the property; or

(b)

The unique nature of the particular project requires design innovations to carry out the intent of this chapter; or

(c)

The granting of the modification will not be detrimental to the public welfare of safety or be injurious to other property in the surrounding area.

(§ 1, Ord. 839, eff. July 16, 1980)

Appeals may be made from any determination of the Planning Commission in the same manner as prescribed for subdivision appeals in Section 8-2.1001 of the Yuba City Municipal Code.

(§ 1, Ord. 839, eff. July 16, 1980)

CHAPTER 8. - GENERAL PLAN Article 1. - General Plan Amendments