The title of this chapter is Planned Residence Developments.
(Ord. 2585, 1957; Ord. 3710, 1974)
A.
Title 1, Division 7, Chapter 12, Sections 6950 - 6954 of the Government Code of the State of California provide that a city may acquire by purchase, bequest, devise, grant, gift, or otherwise, any interest or right in real property in order to preserve, through limitation of their future use, open spaces and areas for public use and enjoyment; and
B.
Section 6953 of said Government Code provides that the acquisition of such open area constitutes a public purpose, and that the City may acquire the fee or any lesser interest, development right, easement, covenant or other contractual right necessary to achieve the purposes of Chapter 12 of said Government Code;
C.
Therefore, it is declared to be the legislative intent of the Council of the City of Santa Barbara to provide for greater flexibility in the development of residential properties, and for greater amenities and open spaces related thereto, when in the public interest and welfare; to encourage a more creative approach to the development of land; to protect and enhance property values and to provide more desirable spatial relationships between buildings and structures on the land than would be possible under strict adherence to ordinance requirements of the basic zone; and to encourage the preservation and enhancement of natural beauty and the provision of landscaped open spaces for visual and recreational enjoyment.
(Ord. 2585, 1957; Ord. 3710, 1974)
Prior to submission of an application for a conditional use permit for a planned residential development, the applicant shall submit to the Chief of Building and Zoning basic site information including aerial photos where deemed necessary by the Chief of Building and Zoning, 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 by the Chief of Building and Zoning to assist the Division of Land Use Controls in its initial consideration of the planned residential development.
A.
After completion of preliminary conference(s), the applicant shall file a request for a conditional use permit, submitting therewith:
1.
A preliminary title report showing vested ownership and all covenants, restrictions and reservations of record.
2.
Statement of intent indicating:
a.
Reason why the subject property may be suitable for planned residential development;
b.
Type and class of residence to be constructed;
c.
Any deed restrictions contemplated or proposed;
d.
Method and schedule of development and improvement of the tract;
e.
Purpose and proposed use of the open space to be provided.
3.
Site (plot) plans drawn to a scale of not greater than 100 feet to the inch showing:
a.
Proposed lots and lot size;
b.
Street rights-of-way, existing and proposed;
c.
Street improvements proposed including any proposed modification of City standards;
d.
Contours at intervals not greater than five feet extending a distance of 100 feet beyond the boundaries of the development;
e.
Existing and proposed easements;
f.
Proposed open spaces.
4.
Landscaping plan drawn to a scale of 40 feet or less to the inch showing:
5.
Other information reasonably required by the Chief of Building and Zoning to assist the Division of Land Use Controls in a proper consideration of the proposal.
B.
The procedure for consideration of a conditional use permit shall be as outlined in Chapter 28.94. If such permit be approved, the Planning Commission and City Council shall first state their finding that the proposed development is consistent with the purposes and objectives outlined herein; and the Planning Commission and the Council may impose such conditions as are necessary to protect the public welfare and to insure proper development under the approved plans.
C.
Upon approval of a conditional use permit the applicant may submit a tentative subdivision map which shall conform to the approved conditional use permit plans and conditions.
(Ord. 2892, 1962; Ord. 3710, 1974)
A.
Single-family dwellings.
B.
Private parks, public parks, open spaces and areas for public or private use and enjoyment.
C.
A State-licensed small family day care home.
E.
State authorized, licensed, or certified uses to the extent they are required by State law to be allowed in residential zones.
(Ord. 2585, 1957; Ord. 3710, 1974; Ord. 4858, 1994)
A.
Minimum lot size.
1.
To preserve and protect the value of properties adjacent to the proposed development and to provide for an orderly and uniform transition, lots which will adjoin existing developments shall be required to provide an amount of street frontage not less than that of existing lots but not greater than minimum requirements for the zone in which located.
2.
The Planning Commission may, upon its own motion or upon verified application of the developer, permit lot sizes in a planned residential development to be reduced below the minimum standards required by the Zoning Ordinance. As a prerequisite and condition to the granting of such a permit, the developer shall demonstrate to the Planning Commission that there is a reasonable relationship between the requested lot size and the proposed open areas within the development; that such lot sizes are compatible with the comprehensive plan for the residential development and are necessary to assure that the spirit and intent of this chapter, as set forth in Section 28.33.005 is observed. Reduction in lot size shall only be permitted as an incident to the exercise of discretion by the Planning Commission and not as consideration for an arbitrary exercise of the zoning power; however, lot area and frontage shall not be reduced below the following minimum requirements, except as otherwise provided:
MINIMUM LOT AREA | MINIMUM LOT FRONTAGE | |
|---|---|---|
R-1 | 5,000 sq. ft. | 60 ft. |
E-3 | 6,000 sq. ft. | 65 ft. |
E-2 | 8,000 sq. ft. | 75 ft. |
E-1 | 10,000 sq. ft. | 80 ft. |
A-2 | 15,000 sq. ft. | 90 ft. |
A-1 | 25,000 sq. ft. | 100 ft. |
Exception: Where justified by improved subdivision design, building placement or natural terrain features, the Planning Commission, on recommendation of the Chief of Building and Zoning, may permit interior lots with useable lot area not less than the minimum lot area herein prescribed, and with not less than 25 feet of frontage on a public street, provided that such approval shall be consistent with the spirit and intent of this chapter. |
B.
Streets. 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 Public Works Director, grant such modifications of City street design standards as may be deemed necessary to assure that the spirit and intent of this chapter are observed and the public welfare and safety secured.
C.
Yards and setbacks. Yards or setback lines for individual lots shall be not less than the minimum required in the basic zone district in which the lots are located, except no main or accessory building or structure shall be located closer to the exterior boundary of a planned residential development than a distance equal to the height of such structures, such height to be determined as provided in Chapter 28.04 of this title.
D.
Distance between buildings. No main or accessory buildings in a planned residence development shall be located closer to each other than 1/2 of the aggregate height of both buildings, such height to be determined as provided in Chapter 28.04 of this title, except:
1.
Where buildings are so offset that no portion of one building falls within the projection of the outer walls of another, the common space between then may be reduced to not less than 20 feet; and
2.
Where buildings face on, or back to, any other residential building, the minimum distance between them shall be 30 feet.
E.
Density of development. Density of development (permissible number of dwelling units) shall be computed by the following formula: Total net acreage within the planned residential development area divided by the minimum lot area required in the basic zone district. Total net acreage shall mean the total site area exclusive of existing and proposed public street rights-of-way, existing public or quasi-public open spaces, historical sites, schools, churches and similar institutions and land unacceptable for development or open space purposes. Quasi-public open spaces shall be considered to include areas such as golf courses, cemeteries, private parks and recreation areas and similar open uses which are not publicly owned but which provide similar amenities.
F.
Open spaces.
1.
Control of the design of open spaces is vested in the Planning Commission subject to review as to reasonableness by the City Council; design shall mean size, shape, location and useability for proposed public or quasi-public purposes and development.
2.
Approval of such open spaces by the Planning Commission and City Council shall be expressly conditioned upon a conveyance by the developer to the City of Santa Barbara of the development rights, the fee or any lesser interest, any other contractual right or a combination of any of the foregoing necessary to achieve the purposes set forth in Section 28.33.005.
3.
No planned residential development shall be approved prior to the submission of a legal document or documents setting forth a plan or manner of care and maintenance of such open spaces, recreational areas and communally owned facilities. No such document shall be acceptable until approved by the City Attorney as to legal form and effect and the Planning Commission as to suitability for the proposed use of the open areas.
(Ord. 2585, 1957; Ord. 3710, 1974; Ord. 4633, 1990; Ord. 5459, 2008)