Zone RPD is an overlay zone which may be applied to any residential zone in the city. Application of the zone RPD overlay shall be pursuant to Chapter 17.16, and such zone may be used for the purposes set out in this article.
(Prior code § 3-2-B-9)
Any use permitted in the underlying zone, under the same limitations and conditions, including auxiliary and transitional uses, front, side and rear setbacks, garages and carports, height limitations, area requirements and applicable area requirements of Chapter 17.40 which relate to residential zones.
(Prior code § 3-2-B-9(1); Ord. 598-88 § 3)
A.
Short-term
rental is a prohibited use in the RPD zone.
B.
Notwithstanding
any other provision of this code, it is unlawful for any person to
offer or make available for rent or to rent (by way of a rental agreement,
lease, license or any other means, whether oral or written), for compensation
or consideration, a short-term rental unit.
C.
Notwithstanding
any other provision of this code, it is unlawful for any person to
occupy a short-term rental unit pursuant to a rental agreement, lease,
license or any other means, whether oral or written, for compensation
or consideration.
(Ord. 1139-17 § 12)
A.
If a special use permit has first been obtained as provided in Chapter 17.28, property in zone RPD may be used for a planned residential development subject to approval by the commission, and any conditions attached thereto, which will afford the same, a lesser, or greater density of population or intensity of use, than is specified in the underlying zone. It is the intent of planned residential development to promote residential amenities beyond those expected under conventional development, to achieve greater flexibility in design, to encourage well planned neighborhoods which offer a variety of housing and environments through creative and imaginative planning, and to provide for appropriate use of land which is significantly unique in its physical characteristics or other circumstances to warrant special methods of development and provided that each planned residential project shall be consistent with the land use designation set forth in the general plan.
B.
Approval by the commission shall be based upon findings that the plan complies with the intent of planned residential development as set forth in this article, provides as well or better for light and air, for public safety and convenience, the protection of property values and the preservation of the general welfare of the community, than if developed as provided in Section 17.48.290, and shall be subject to all of the provisions set out in the article.
(Prior code § 3-2-B-9(2); Ord. 710-92 § 5)
The proposed development plan shall include a parcel of land
containing not less than twenty thousand square feet. A development
plan may be considered on a parcel of land less than twenty thousand
square feet in area when such property is in zone RPD and has a common
boundary with property which has been developed under an approved
plan pursuant to this article. In this case, the plan shall indicate
that the proposed development will constitute an orderly extension
in arrangement of buildings, facilities and open space throughout
the combined parcels of land in addition to all other requirements
for approval of a special use permit.
(Prior code § 3-2-B-9(2)(a))
When property in zone RPD is developed pursuant to this article,
determination of the permitted density will be based upon consideration
of existing and projected area zoning and development, street widths,
and availability of public facilities. When justified by these aforementioned
factors and in cases where the commission finds that the proposed
development offers amenities and benefits to the community substantially
in excess of those normally provided, it shall have the power to permit
a density not more than fifteen percent greater than that permitted
in zone R-4.
(Prior code § 3-2-B-9(2)(b))
Dwelling units may be in single-family detached structures or
in two-family or multiple residential structures depending upon adjacent
development and the compensating features of the development plan.
The commission may approve places of public assembly, recreational
buildings and accessory buildings if for the primary use of persons
residing within the planned development project and located so as
not to be detrimental to adjacent properties. Distance between buildings
shall not be less than ten feet for one-story and two-story structures,
plus two feet additional for each story above two.
(Prior code § 3-2-B-9(2)(c))
The commission, in considering placement and type of structures, may modify or require a greater depth for yards than would be required if developed as provided in Section 17.48.290.
(Prior code § 3-2-B-9(2)(d))
Open space shall comprise not less than thirty percent of the
net area; provided, however, that where the applicant submits evidence
to the satisfaction of the commission that the particular development
will contain compensatory characteristics which will provide as well
or better for planned unit development within the intent of this section,
the commission may modify said requirements. Subject to the approval
of the commission, open space may include one or more of the following
designated for the use and enjoyment of all of the occupants of the
planned residential development or appropriate phase thereof:
A.
Common
open space developed for recreational purposes;
B.
Areas
of scenic or natural beauty forming a portion of the proposed development;
C.
Present
or future recreational areas of a noncommercial nature;
D.
Landscaped
portions adjacent to streets or highways which are in excess of minimum
required rights-of-way;
E.
Other
similar areas determined appropriate by the commission. In approving
such open space, the commission shall give consideration to the project
to be developed, the characteristics of such open space, the manner
in which the open space is to be improved and maintained, and such
other information as the commission deems pertinent. Reservation of
open space shall be made a condition of approval. Such reservation
shall be by public dedication, establishment of a maintenance district,
common ownership or other satisfactory means to ensure the permanent
reservation of, and where appropriate perpetual maintenance of, required
open space.
(Prior code § 3-2-B-9(2)(e))
Buildings shall not occupy more than fifty percent of the net
area; provided, however, that where the applicant submits evidence
to the satisfaction of the commission that the particular development
will contain compensatory characteristics which will provide as well
or better for planned unit development within the intent of this section,
the commission may modify said requirements.
(Prior code § 3-2-B-9(2)(f))
The provisions of Chapter 17.72, relating to dwellings, places of public assembly, other similar uses, and minimum design requirements shall apply, except that the planning commission may modify the location or the number of parking spaces permitted within individual structures. The commission may require additional off-street parking for guests.
(Prior code § 3-2-B-9(2)(g); Ord. 662-90 § 6)
The applicant shall submit to the commission satisfactory evidence,
and it shall be made a condition of approval, that the applicant has
made arrangements with the serving utilities to install underground
all new facilities necessary to furnish service in the development.
This requirement may be waived where it would cause undue hardship
or constitute an unreasonable requirement.
(Prior code § 3-2-B-9(2)(h))
The commission shall approve a progress schedule indicating the development of open space related to the construction of residential dwelling units, which shall become a condition of approval. Where development is to be completed in phases, the said development may, with the approval of the commission be coordinated between phases as approved in Section 17.48.290. The commission may modify, without a hearing, this condition pertaining to the development schedule based upon an affirmative showing, in writing, of hardship.
(Prior code § 3-2-B-9(2)(i))
A tentative map shall be filed when required by Title 16. Where
a tentative map is not required, a plot plan shall be filed indicating
the precise location, width and type of improvements for private or
public streets and pedestrian walkways.
(Prior code § 3-2-B-9(2)(j))
A plan for landscaping all open spaces, where appropriate, shall
be submitted to and approved by the commission.
(Prior code § 3-2-B-9(2)(k))
A.
Planned development projects developed in phases shall be designed so that each successive phase will contain sufficient open space to independently qualify under the provisions of Section 17.48.350; provided, however, that where the applicant submits development plans indicating to the satisfaction of the commission that the proposed development will provide as well or better for planned unit development within the intent of this section, the commission may approve a division of open space encompassing more than one phase.
B.
Where
a division of open space will encompass more than one phase, the applicant
shall provide the commission with a map indicating cumulative allocation
and utilization of open space for each successive phase in each subsequent
application.
(Prior code § 3-2-B-9(2)(l))
In addition to a tentative division of land map when required by the subdivision ordinance, where lots or parcels of land are to be sold or separated in ownership from other property in the development, or applicable phase thereof, a map shall be submitted to the commission indicating the proposed boundaries of the lots or parcels of land to be sold or separated in ownership. Where the proposed division would create one or more lots or parcels of land having an area of less than that specified if developed as provided in Section 17.48.350, such map shall also delineate the relationship between said lots or parcels of land and open space provided as required in Section 17.48.350. The commission shall consider the proposed separation in ownership and may approve such separation where, in the commission's opinion, the proposed separation provides as well or better for planned development within the intent of this section.
(Prior code § 3-2-B-9(2)(m))
Where lots or parcels of land are sold or otherwise separated in ownership, no dwelling unit or lot or parcel of land for a residential building shall be sold or encumbered separately from an undivided interest in the open space appurtenant to such dwelling unit or lot or parcel of land where required by Section 17.48.350. Such undivided interest shall include either: (a) an undivided interest in the open space, or (b) a share in the corporation, or voting membership in an association owning the open space where approved as provided in Section 17.48.350. This provision shall not apply when said required open space has been accepted for public dedication; or where held in separate ownership with recreational rights to the required open space reserved to the lot owners and maintenance easements granted to an established maintenance district; or where other satisfactory means to ensure permanent reservation of required open space have been approved by the commission.
(Prior code § 3-2-B-9(2)(n))
