§ 17.92

Planned Unit Development permits allow greater flexibility in design in integrated developments than is possible through the strict application of zoning district regulations, and encourage the design of wellplanned facilities which offer a variety of land uses through creative and innovative planning, including but not limited to the following types of development:

A.

Residential Development. Residential developments, which may include a variety of housing types and site plans, accessible open (green spaces) or common recreational areas and facilities, and other features of

substantial benefit to a viable and balanced community.

B.

Residential/Commercial Development. Mixed residential/commercial developments that would permit but not be limited to apartments, convenience shopping facilities, professional office, commercial, recreational facilities, or other compatible land uses grouped in a well-designed and coordinated site development.

C.

Industrial/Commercial Development. Well-designed and controlled groupings of research, service and/or light industrial/commercial uses within an area containing visual and operational amenities, and features, such as selective occupancies, setbacks, landscaping and bulk and building material controls.

(Zoning Ord. dated 1/31/06, § 9123.01.)

A.

In administering the provisions of this chapter, the Community Development Department and the Planning Commission shall take into consideration the extent to which the proposed Planned Unit Development (PUD) generally promotes the purposes of this chapter. It is intended that this chapter be applied to developments capable of achieving the distinct environmental and developmental characteristics and benefits intended by the Planned Unit Development criteria set forth in this chapter.

B.

The PUD shall observe the following design criteria:

1.

The overall plan shall be comprehensive, and include all land, buildings, landscaping and their interrelationships.

2.

The plan shall provide for adequate open space, circulation, off-street parking, recreational facilities and other pertinent amenities as related to the intended use and intensity of development. Buildings, structures and facilities in the parcel shall be well integrated, and oriented to the topographic and natural landscape features of the site, including wildlife passage corridors, when possible.

3.

The proposed development shall be compatible with existing and planned land uses and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood or community.

The internal street system should not be a dominant feature in the overall design; rather it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities.

5.

Common areas and recreational facilities s shall be located so as to be readily accessible to the occupants of the PUD and shall be well related to any common open spaces provided.

6.

Architectural unity and harmony should be achieved so far as practicable within the development, as well as with historical and other desirable characteristics of the immediate neighborhood, the broader community, and environmental features such as wetlands, trees, other vegetation, and wildlife habitat.

(Zoning Ord. dated 1/31/06, § 9123.02.)

In addition to the general provisions of this ordinance and the requirements of the underlying zones, unless modified herein, a PUD shall comply with the following standards:

A.

Design standards. The PUD project shall be designed to promote more economical and efficient use of the land, to provide a higher level of urban amenities, and to preserve the natural scenic qualities of open spaces. Overall standards for open spaces, circulation, off-street parking and other design criteria should be incorporated to create a harmonious, integrated project of such high quality as to justify exceptions to the regulations that pertain to the zoning district affecting the proposed project.

B.

Density standards. The density standards of the zone in which the property is located shall apply to residential uses. The total number of dwelling units permitted on a residential portion of planned development shall be computed by multiplying the gross acreage of the site by the permitted density factor.

C.

Minimum Lot Size. Residential lot size in a Planned Unit Development may be reduced below the minimum standards required by the zoning ordinance. However, as a prerequisite, the developer shall demonstrate that there is a reasonable relationship between the proposed lot size and the usable and accessible open area within the total development. When the required minimum lot area is reduced below the standards set forth in any residential zone, the additional amount of open space provided (above the minimum requirements of the zone) shall be equal to or greater than the sum of all reductions of the required minimum lot size.

D.

Yards.

1.

Front Yards. Front yard setback compatible with the existing or potential development adjacent and/or opposite from existing development shall be required to provide for an orderly and uniform transition along the streetscape to preserve, protect, and enhance the properties adjacent to the proposed planned development. The front yard of the proposed Planned Unit Development shall not be less than that of the developed lots, and shall not be less than the minimum requirements of the zoning district in which they are located. Where this is not the case, front yard setbacks shall be shown on the development plan and shall be subject to approval as shown or modified by the Planning Commission.

2.

Side and rear yards. The side and rear yards for each lot shall be shown on the development plan and shall be subject to approval, as shown, or as modified, by the Planning Commission.

E.

Development Standards. Development standards for building height, landscaping, lot coverage, types of structures, access and signs, shall meet the requirements of the underlying zones.

F.

Parking. Parking requirements for each land use shall be consistent with Chapter 17.28, Parking Requirements.

(Zoning Ord. dated 1/31/06, § 9123.03.)

17.92.040 - Open spaces, common areas and facilities.

Common open spaces shall comprise not less than thirty percent (30%) of the gross site area. Common open space shall be that portion of the gross site area developed for recreational use (such as swimming pool, tennis court, golf course, children's playground, picnic area), and designated for the use and enjoyment of all the occupants within the development, but shall not include streets, highways or other vehicular rights-of-way.

A.

The topographic constraints of said open space shall be such that at least fifty percent (50%) thereof shall be comprised of level land, or land of moderate slopes not exceeding ten percent (10%) grade. No grading slope or area exceeding a ten percent (10%) grade shall be counted as open space.

B.

The defined streambed of any water course shall not be counted as open space.

C.

A declaration of covenants, conditions and restrictions relating to the repair, maintenance and management of the open spaces and common areas and facilities, signed and acknowledged by those parties having any record title to the land to be developed, and enforceable by the City shall be recorded. Such

declaration shall provide that an assessment for the purposes of care, maintenance and improvement of the open spaces, common area and facilities upon any lot shall be a lien upon the lot and shall establish a method for making the claim and foreclosure, including power of sale.

D.

Common open space shall be left in its natural attractive, unique or scenic state, unless landscaped in accordance with an approved landscaping plan. Preservation of scenic landscape features such as watercourses, rock outcroppings, hillsides, sensitive land areas, existing vegetation, wildlife, unique topographic features and views shall be encouraged. Open spaces shall be integrated into the overall design of the project.

E.

All improvements, located within the common open space, such as landscaping, parks, recreational facilities, travel ways, and parking area, shall be maintained in a safe condition and a state of good repair.

F.

Any failure to maintain such improvements located within the common areas shall be declared to be unlawful and a public nuisance endangering the health, safety and general welfare of the public and a determent to the surrounding community.

G.

In addition to any other remedy provided by law for the abatement, removal or correction of such public nuisance, the City, after giving proper notice, may cause the necessary work of maintenance or repair to be done, and the cost thereof shall be assessed against the development property owners and the City may record and collect this assessment in the same manner as property taxes are recorded and collected.

(Zoning Ord. dated 1/31/06, § 9123.04.)

An application for a Planned Use Development Permit shall be filed in a manner consistent with the requirements contained in Chapter 17.48, Applications and Fees.

(Zoning Ord. dated 1/31/06, § 9123.05.)

In order to classify, regulate, restrict, and control the uses of land, buildings, and structures, to regulate and limit the type, height, bulk, and architecture of buildings and structures, and to regulate landscaping, open space, and density, the uses permitted pursuant to Planned Unit Development Permit shall be limited to the following:

A.

Residentially Zoned Districts.

1.

All uses permitted in residential zones, including but not limited to single family detached or attached dwelling, duplex and multiple family dwelling units;

2.

Commercial uses are permitted, providing that the juxtaposition of commercial uses with residential uses is deemed compatible and will not unreasonably interfere with the peaceful and relatively quiet use of the residential uses; provided, however, that said commercial uses shall not occupy more than ten percent (10%) of the site;

3.

Educational, cultural and institutional uses are also permitted in PUDs which are located in residential zoning districts, and are not subject to the above ten percent maximum.

B.

Industrial and Commercial Zone Districts.

1.

All uses permitted in industrial or commercial zones, provided that the juxtaposition of industrial uses with commercial uses is compatible and complementary.

2.

Residential uses are permitted, provided that the residential use is either above or behind the primary commercial or industrial use, and that separate access is provided.

(Zoning Ord. dated 1/31/06, § 9123.06.)

Upon compliance by the applicant with the procedures set forth in this chapter and Chapter 17.48, Applications and Fees, the Community Development Department may, as provided herein and upon approval by the Planning Commission, issue in any zoning district a Planned Unit Development Permit designating an area for Planned Unit Development and establishing conditions, standards and requirements for such development pursuant to this chapter.

(Zoning Ord. dated 1/31/06, § 9123.07.)

Chapter 17.96 - SPECIFIC PLANS