§ 22.22.140. Cluster Division.

At the option of the land division applicant, the minimum parcel sizes established by this Chapter for the Rural Lands, Recreation, Residential Rural, Residential Suburban, Residential Single-Family and Residential Multi-Family categories may be decreased as provided by this Section.

A.

Permit requirement. Conditional Use Permit approval in compliance with Section 22.62.060 through a public hearing held as set forth in Section 22.70.060, to occur at the same time as approval of a tentative map. Conditional Use Permit approval shall include conditions specifying a phasing schedule for the recordation of a final tract or parcel map, where applicable, the installation of required improvements and a date for termination of the entitlement in the event the use is not established within the specified schedule.

B.

Determining the number of parcels that can be clustered. The number of buildable lots allowed in a cluster division shall be determined through the use of the parcel size tests in Sections 22.22.050 et seq. applicable to the land use categories in which the site is located. In the Residential Multi-Family land use category, the density shall be equal to the density allowed by Section 22.10.130.B. Where a minimum parcel size for new land divisions or a density for multi-family development is set by planning area standard, the number of lots to be clustered shall be determined by dividing the total site area by the minimum parcel size or density specified in the planning area standard. The actual size of the clustered lots shall then be determined by Subsection D.

C.

Density increase bonus. The number of residential lots created by cluster division in the Residential Single-Family and Suburban categories within urban and village reserve lines may be increased from that resulting from application of the minimum parcel size standards of this Chapter by determining the allowed number of lots on the basis of gross density rather than net density, as follows:

1.

Residential single-family. One unit per 6,000 square feet of gross site area.

2.

Residential suburban. One unit per acre of gross site area.

The density bonus provided by this Section may be decreased by the Review Authority on the basis of specific site characteristics through the Conditional Use Permit approval, where it is determined that the site or vicinity cannot support the number of units resulting from the bonus without significant adverse effects.

D.

Lot size and open area requirements. The minimum size of lots created through cluster division shall be as specified in the following table:

Land Use Category	Area of Buildable Lots (1)
	Minimum (2)	Maximum (4)	Open Space Parcel Minimum Area (3)
Rural Lands	1 Acre	10 Acres	90%
Recreation	6,000 Sq. Ft.	None	90% (6)(7)
Residential Rural	20,000 Sq. Ft.	4 Acres	60%
Residential Suburban	10,000 Sq. Ft.	2.5 Acres	50%
Residential Single-Family	1,750 Sq. Ft. (5)	6,000 Sq. Ft.	40% (6)
Residential Multi-Family	None	2,000 Sq. Ft.	As set forth in Section 22.10.130.B.2

 

Notes:

(1)

Net area.

(2)

A minimum lot size less than 2-1/2 acres may be granted only when community water is provided. A minimum lot size less than one acre may be granted only when the leaching capacity of site soils for septic tank use is from 0 to 5 minutes per inch, or where community sewer is provided.

(3)

The minimum area is expressed as a percentage of the gross site area.

(4)

Larger parcel sizes may be approved by the Review Authority where requested by the applicant and justified based on specific site characteristics, provided that the minimum open space area requirement is met.

(5)

Lot sizes smaller than 2,000 square feet may be allowed only where the project is consistent with Section 22.30.475 (Small Lot Single-Family)

(6)

The minimum open space parcel shall include a CCGA as set forth in Section 22.22.145.B.1.e.

(7)

A cluster division proposed within the Recreation land use category shall meet the design requirements of Subsection B of Section 22.22.145.

E.

Planned Developments. A cluster division proposed within the Residential Single-Family and Residential Multi-Family land use categories shall be processed as and shall meet the requirements of Subsections B., E, F., and G. of Section 22.22.145 (Planned Development).

F.

Design standards.

1.

Open space parcel required. A cluster division shall include at least one open space parcel. For land use categories other than Residential Single-Family and Multi-Family, such parcel may be used for one of the allowable residential units, provided that the building site does not exceed 6,000 square feet and is defined on the recorded map. Otherwise, the open space parcel shall not be developed with structural uses except as follows: (1) in the Rural Lands, Residential Rural and Residential Suburban land use categories: agriculture accessory buildings; (2) in the Recreation, Residential Single Family and Residential Multi-Family land use categories: community buildings, community residential accessory structures, parking structures, parking spaces and driveways. The open space parcel in all land use categories may be used for any of the following: Crop production or range land; historic, archaeological, or wildlife preserves, water storage or recharge; leach field or spray disposal area; scenic areas; protection from hazardous areas; public outdoor recreation; or other similar open space use.

2.

Guarantee of open space. The required open space parcel shall be maintained as open space as long as the clustered lots exist, or such other period designated through Conditional Use Permit approval. Such period shall be guaranteed by open space easement. The open space parcel shall be held in common by the homeowners, owned by one of the lot owners with an easement for the benefit of all lot owners, or dedicated in fee or partial fee title to a quasi-public agency.

3.

Site design.

a.

Site disturbance shall be minimized by clustering, road location along contours, and building site selection.

b.

Access to off-site roads shall be controlled, with parcels having access from interior roads wherever feasible.

c.

Development shall be designed to be consistent with the character of the immediate surrounding areas as designated in the Land Use Element.

4.

Attached dwelling units. A cluster division in the Residential Single-Family category may incorporate attached dwelling units with not more than two units per structure where approved by the Review Authority.

[Amended 1984, Ord. 2163; 1992, Ord. 2583; 2013, Ord. 3242] [22.04.036]