§ 23.04.036. 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 and Residential Single- Family categories may be decreased as provided by this section.

a.

Permit requirement: Development Plan approval pursuant to Section 23.02.034 through a public hearing held as set forth in Section 23.01.060, to occur at the same time as approval of a tentative map. Development Plan 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. [Amended 1992, Ord. 2584]

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 23.04.025 et seq. applicable to the land use categories in which the site is located, except:

(1)

Where a minimum parcel size for new land divisions 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 specified in the planning area standard. The actual size of the clustered lots shall then be determined by subsection d below.

(2)

Where division is proposed between an urban services line and urban reserve line in a community that is subject to a Resource Management System alert Level II or III, the number of lots that may be clustered shall be determined as set forth in Section 23.04.021c(2), and no density increase bonus shall be allowed pursuant to subsection c of this section.

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 Development Plan approval, where it is determined that the site or vicinity cannot support the number of units resulting from the bonus without significant adverse effects.

[Amended 1992, Ord. 2584]

d.

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

AREA OF BUILDABLE LOTS
Land Use Category	Minimum	Maximum	Open Space Parcel Minimum Area
Rural Lands	1 Acre	10 Acres	90%
Recreation	6,000 Sq. Ft.	None	90%
Residential Rural	20,000 Sq. Ft.	4 Acres	60%
Residential Suburban	10,000 Sq. Ft.	2.5 Acres	50%
Residential Single-Family	2,000 Sq. Ft.	6,000 Sq. Ft.	40%

 

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. [Amended 1992, Ord. 2584]

e.

Design standards:

(1)

Open space parcel required. A cluster division is to include at least one open space parcel. 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 is not to be developed with structural uses other than agriculture accessory buildings. The open space parcel 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 is to be maintained as open space as long as the clustered lots exist, or such other period designated through Development Plan approval. Such period is to be guaranteed by open space easement, or dedication of fee or partial fee title to a public or quasi-public agency. [Amended 1992, Ord. 2584]

(3)

Site design:

(i)

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

(ii)

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

(iii)

Development is to 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 1992, Ord. 2584]