Chapter 11.21 — CLUSTERED DEVELOPMENT

The purpose of this Chapter is to allow residential density flexibility through reduced lot area cluster and development in the rural foothill and mountainous areas of the County in order to facilitate the retention of natural resources, open space, agricultural lands, and wildlife habitat; avoid hazardous areas; and further implement the goals and policies of the General Plan.

(Ord. No. 1624)

The use of these clustered development provisions is allowed in the RC, RR, and RE districts located within a rural community boundary.

(Ord. No. 1624)

(a)

Pre-application review. Pre-application review pursuant to Section 11.53.160 is required prior to submitting a formal application for a clustered development project.

(b)

Conditional use permit required. Conditional Use Permit approval in compliance with Chapter 11.57, Use Permits., is required concurrent with approval of a tentative map.

(Ord. No. 1624)

Clustered development projects shall adhere to the development standards for the base zoning district, except as modified below:

(1)

Density. The total number of dwelling units (single, second, and/or multi) in a clustered development shall not exceed the maximum number permitted by the base zone density for the total area of the project.

a.

Deed Restriction Required. Deed restrictions shall be filed on each property to ensure the overall maximum density is not exceeded through future subdivision or development.

(2)

Lot size. The minimum lot size in a clustered development project shall be one acre. However, access, sewage disposal, water supply, surrounding parcel sizes, topography, adjacent land uses, applicable General Plan policies, and other factors will affect the County's decision on a project-by-project basis.

(3)

Sewage disposal/potable water. Each application for a clustered development project shall obtain tentative clearance from the Environmental Health Director for the proposed parcel sizes.

a.

Parcels one acre or smaller in size shall provide both a public sewer service and public water supply. Parcels between one acre and two and one-half acres in size shall provide either a public sewer service or public water supply as determined by the Environmental Health Director.

(4)

Open space. A minimum of 60 percent of the total project site shall be dedicated as permanent open space of which no more than ten percent may be used for infrastructure necessary to serve the development (wells, sewage disposal, drainage, detention basins and similar facilities).

a.

Guarantee. Open space shall be guaranteed in perpetuity using one or more of the following control mechanisms:

1.

Dedication of a conservation (or open space) easement to the County, other public agency or a public interest land trust;

Dedication of land in fee-title to the County or other public agency; or

3.

Deed restrictions recorded with the County Recorder.

b.

Management plan. Public and private open space shall be maintained in accordance with an open space management plan acceptable to and approved by the County. Such plans shall, at a minimum, address the following:

1.

A description of site conditions such as vegetation and habitat type, natural and man-made features, and other characteristics of the site;

2.

Grass and brush clearing for fire fuel management, as required by site conditions;

3.

Erosion control;

4.

Sewage disposal, water well, and stormwater drainage facilities, including ditches and detention basins, if proposed for the development;

5.

Fencing if required for the protection of resources;

6.

Recreational activities compatible with open space; and

7.

Other natural resource management activities and uses. Open space management plans shall include provisions for long-term maintenance of improvements and facilities that will not result in a fiscal impact on the County.

c.

Uses. Uses and activities within dedicated open space shall be compatible with open space land. Unless limited or restricted by a conservation easement, development agreement, conditions on the approved tentative map, or other restricting mechanism, the following uses shall be permitted:

Agriculture, including grazing and timber management, when allowed by the underlying base zoning;

2.

Resource conservation;

3.

Wildlife management;

4.

Recreational activities compatible with the objectives of the open space management plan;

5.

Community wells, community septic systems, community sewage disposal systems, and individual wells may be allowed as private open space and shall not exceed ten percent of the minimum 60 percent open space requirement identified in Section 11.21.040(4);

6.

Pedestrian, bicycle and equestrian trails. Public access is not required, but may be permitted subject to a public access easement being recorded; and

7.

Other similar uses, as determined through the application review process.

(5)

Flood zones. Clustered development projects shall be prohibited within flood zones unless they meet the requirements of Chapter 11.14, Floodplain Overlay District.

Figure 11.21.040: Cluster Development in a Flood Zone

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(Ord. No. 1624)

CHAPTER 11.22 - FIRE SAFE REGULATIONS