Note: Prior ordinance history: Ord. 530.
Whenever a conditional use permit has been granted for a planned
residential development in the R-1 or R/HP districts, conditional
exceptions to certain subdivision standards may be recommended by
the planning commission and authorized by the city council as follows:
(a)
Exceptions to the requirements and regulations relating to lot size
and shape, setbacks and open space may be permitted when:
(1)
An open space or recreational area is provided for the use and benefit
of the dwelling units in the development. Open space shall be a minimum
of sixty-five percent of the gross project area which shall not include
rights-of-way; vehicle parking areas; areas fifteen feet or less in
width adjacent to structures; setbacks; patios; and any proposed private
yards;
(2)
The total land area of the development divided by the total number
of dwelling units provides an average land area per dwelling unit
equal to or more than required by the regulations of the district
in which the development is located. Total land area of the development
shall include the land area of open space or recreational area, but
shall not include any land area being set aside for the rights-of-way
of public or private streets and alleys; and
(3)
The minimum front, rear and side structural setback from the project
perimeter boundary shall be twenty feet. The minimum structural setback
between structures containing dwelling units is ten feet plus one
foot for each fifteen feet of structural length.
(b)
Exceptions to the requirement that lots abut on a street may be permitted
when:
(c)
Private streets may be permitted when there is a homeowner's association or other city approved method established to maintain them and only when there is no potential that such privatization could adversely impact public use of and access to public open space and recreation areas, including, but not limited to public shoreline access, public parks and public trails. The streets shall be built to standards of design established in Chapter 21.12 of the Municipal Code.
(Ord. 1303 § 2, 1995; Ord. 1485 § 1, 2008)
As a condition of approving the subdivision and conditional
use permit for a planned residential development the subdivider shall
provide in writing with the tentative map and conditional use permit
applications the means by which the permanent upkeep and maintenance
of the open space and common facilities are to be accomplished and
enforced.
(Ord. 1303 § 2, 1995)
In recommending such exceptions, the planning commission shall
secure substantially the objectives of the regulations to which the
exceptions are granted, as to light, air and the public health, safety,
convenience and general welfare.
In recommending the authorization of any exception under the provisions of Section 21.14.010, the planning commission shall report to the city council its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exception recommended and the conditions designated.
(Ord. 1303 § 2, 1995)
Upon receipt of such report, the city council may approve the
tentative map with such exceptions and subject to the conditions the
city council deems necessary to substantially secure the objectives
of this title.
(Ord. 1303 § 2, 1995)
In addition to such written findings as may be required by state
law or the Municipal Code, the following written findings shall be
made by the approving authority prior to the approval or conditional
approval of any planned residential development:
(a)
That the planned residential development will be constructed, arranged
and operated so as to: (1) minimize mass and scale, (2) not increase
hazard to neighboring property, and (3) not interfere with the development
and use of neighboring property.
(b)
That the planned residential development will be adequately served
by essential public facilities and services such as streets, parking
spaces, police and fire protection, drainage structures, refuse disposal,
water and sewers, and schools.
(c)
That the planned residential development will not result in the destruction,
loss or damage of any natural, scenic or historic feature, (such as,
but not limited to, natural drainage courses, flora or fauna habitat,
stands of trees and rock outcroppings), of significant importance.
(d)
That the planned residential development has a diversity and originality
of lot layout and individual building design to achieve the best possible
relationship between development and the land, and that it minimizes
grading.
(Ord. 1303 § 2, 1995; Ord. 1485 § 1, 2008)
