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A. Purpose. The purpose of the cluster (C-L) combining district is to promote development of imaginative well-designed residential and commercial developments which may have special setback, design or other features to preserve open space, promote desirable and/or affordable housing, preserve agricultural lands, and maximize the use of shared public and private recreational facilities.

B. Permitted Uses and Permit Requirements. Uses permitted or conditionally permitted shall be those uses permitted by the base zone with which the C-L district is combined. Although the overlay is combined with a base zone, once applied, uses and development requirements shall be consistent with the approved C-L site plan review permit. A C-L site plan review permit shall be approved concurrently with approval of the C-L combining district. C-L site plan review permit requirements are outlined below in subsection (D) of this section.

C. Development Standards. The following general development standards apply within the C-L overlay zone:

Table 2-13. General Development Standards
Cluster Combining District

Development Standard

Requirement

Additional Requirements

Lot Standards

Minimum lot area/density

None, except the overall development density shall not exceed the density established by the general plan land use category applicable to the area in which the development is located

Parking

Per the requirements of the base zone

Landscaping

Minimum Setbacks

Front

Side

Rear

Per the requirements of the base zone

Structure Height

Height

Per the requirements of the base zone

1. Development proposed within a C-L district shall be superior to development that could occur under the development standards of the base zone district in at least two of the following ways:

a. Greater open space and common areas than required;

b. Greater landscaping than required that enhances the public street appearance (including street trees, benches, lights, special paving, water fountains, etc.) or increases landscape buffers with adjacent properties;

c. Design features beyond those required through the design district or subdivision regulations to achieve superior site and/or building design;

d. Greater connectivity to surrounding public streets, bike paths, pedestrian walkways, and public open spaces than required by zoning or subdivision regulations;

e. Enhanced environmental preservation by clustering development to preserve sensitive plant or wildlife habitat, biological resources, or contiguous open space;

f. Reduced impacts on surrounding properties, in terms of privacy, access to sunlight, shadow, views, building bulk, noise, or other types of negative impacts, beyond what would be achieved under existing requirements.

2. Development standards and criteria may be deviated; provided, that such deviations are identified in the permit application and justification provided to support all requested deviations to standards to the satisfaction of the planning commission.

D. C-L Plan Permit Procedures. No use shall be established, no development shall occur or grading permit shall be issued for any use or development within a C-L district until a C-L site plan review permit application has been submitted to and approved by the planning director in accordance with the procedures set out in Sections 17.52.060.

1. Application Contents.

An application for C-L site plan review permit shall include the following:

a. Legal description of property;

b. Preliminary title report;

c. A site development plan drawn at the scale specified by the planning director, which includes the following information:

i. Topography and proposed grading;

ii. Proposed development in relationship to all surrounding development plans;

iii. The location, dimension and ground floor area, and uses of all existing and proposed buildings and structures on the subject property;

iv. Proposed landscaping;

v. Streets and existing and proposed driveways and curb cuts;

vii. Location, height and materials of walls and fences;

viii. Existing and proposed utility connections (locations of utility connections).

d. A narrative description of the proposed development including the development objectives, proposed mix of uses, target market, and timeframe of development.

2. Time Limit on Approval. If development approved in accordance with this chapter has not commenced within two years of the approval, the approval shall become null and void and of no effect, unless an extension has been requested and granted by the planning director. All requests for extensions must be in written form and must be received by the planning director. This provision shall also apply to any applications approved in conjunction with a tentative parcel map or a tentative tract map. In such case, the expiration period shall coincide with that of the approved tentative parcel map or the tentative tract map, as applicable.

3. Minor Plan Modifications. The planning director may approve minor plan modifications to an approved C-L site development plan in accordance with the procedures set out in Section 17.52.100, but only if the planning director can determine that the requested modification(s) do not constitute a substantial change in the approved project.

4. Permit Revocation and Modifications. Any permit issued pursuant to this chapter may be revoked or modified pursuant to Section 17.52.110. (Ord. 706 § 3 (Exh. A), 2019).