§ 13-205. Provisions for multi-family zones for rebuilding after voluntary destruction

(a) If units in the R2-MD, R2-HD, R3 or PDR zones are voluntarily demolished, an equal or lesser number of units may be rebuilt so long as the development complies with all other applicable sections of this Zoning Code and other codes. This includes but is not limited to the following development standards: building setback, lot coverage, building height, parking, open space and landscaping. Furthermore, the allowable density or number of units to be redeveloped shall be limited to the general plan rebuilding incentive for the current land use designation. The resulting number of units shall not exceed the existing number of legal nonconforming units nor be more than the number of units that would have been allowed on March 15, 1992. The rebuilding shall not increase the development's nonconformity.

(b) Consideration may be given through the master plan process, to allow rebuilding of existing multiple-family residential projects that do not fully meet all the other applicable sections of this Zoning Code and other code standards. Consideration shall be given to the provision of tandem parking for units requiring more than one dedicated parking space and for cantilevered second story living areas over drive or yard areas. Through the master plan process, the rebuilding project must demonstrate why strict compliance with each of the current standards is either infeasible or unnecessary. In exchange for any deviation from current standards, the project must provide additional amenities such as those listed below:

(1) Provision of garages instead of carports for greater security.

(2) Useable open space with amenities.

(3) Flower beds and adequate lawns of sufficient area to create a useable recreation area.

(4) Individual vegetable garden areas screened by hedges.

(5) Masonry planters, potted flowers and shrubs on decks and balcony flower boxes.

(6) Trellises with vines.

(7) Minimum size trees based on box size rather than gallons such that thirty (30) per cent or more of the trees are a minimum twenty-four-inch box size.

(8) CC & Rs to ensure landscape maintenance.

(9) On-site manager for projects of fifteen (15) units or less.

(10) Awnings, especially along the front for color and product definition, and a better facade.

(11) Stamped concrete or decorative at entrances and critical driveway intersections.

(12) Meandering rather than straight sidewalks.

(13) Terraced elevations at all sides to reduce scale and massing.

(14) Upgraded windows and doors for noise reduction.

(15) Covered/screened dumpsters for projects of four (4) units or less.

(16) Concrete slab where the trash truck would stop to compact trash to prevent damage, or contract for roll-off service so that the trash truck does not come on-site.

(17) Orientation of units away from the street toward interior courtyards.

(18) Adequate lighting for security (beyond parking and driveway lighting required by code).

(19) Gates and intercom system for security.

(20) Other amenities that enhance the project and the overall neighborhood.

(c) In reviewing the master plan, the planning commission shall decide if the degree of deviation is warranted, if the proposed amenities are sufficient to offset the deviation, and if the maximum allowable density shall be reduced due to the deviation.

(d) The master plan shall be processed as shown in Chapter III, Planning Applications.

(e) Findings. The findings necessary to grant the master plan are:

(1) Full compliance with current development standards would make rebuilding infeasible;

(2) The proposed rebuilding is substantially compatible with surrounding developments and would not be materially detrimental to other properties in the area;

(3) The proposed rebuilding is less nonconforming than the existing development; and

(4) The proposed rebuilding provides additional amenities that ensure a high quality development.

(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 29, 3-2-98; Ord. No. 05-3, § 1h., 2-7-05 )