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)
