Division 1 — PLANNED UNIT DEVELOPMENT

It is the intent of this division to provide greater flexibility in the application of development standards for residential projects as set forth in chapter 24 of the City Code, subdivision ordinance, and this chapter, and to encourage innovative site planning in keeping with the following principles:

(1)

The encouragement of a more desirable living environment through application of modern site planning techniques which are not generally available through strict application of conventional development standards.

(2)

The arrangement of buildings, streets, and landscaped areas in a more functional and visually satisfying pattern.

(3)

The development of a more interesting and varied project in accordance with a detailed comprehensive plan encompassing such elements as the design and location of structures, the circulation pattern, parking facilities, landscaping, open space, and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided for the common use of the persons occupying the property.

(4)

Flexibility to allow alternative housing typologies to traditional single dwelling unit developments to encourage a variety of housing opportunities for a range of residents in accordance with the land use and housing elements of the general plan.

(Ord. No. 24-03, § 2, 9-17-24)

Planned unit developments are subject to a conditional use permit and may be approved pursuant to the provisions regarding conditional use permits outlined in article V, division 6 of this chapter.

(Ord. No. 24-03, § 2, 9-17-24)

modified

The following standards shall apply to planned unit developments unless modified by the city council pursuant to the provisions of section 29-182 of this division.

(1)

Project size. There shall be one (1) or more acres of land within the project to be developed.

(2)

Townhouse or row house development. In areas where townhouse developments are proposed, no continuous group of dwellings that together form the exterior walls of a building shall exceed two hundred (200) feet in any dimension.

(3)

Land area per unit. The land area required per unit, which is owned in fee by individuals, may be waived by the city council in those instances where common open space has been provided as required in this division, except that:

a.

Each single-family detached unit shall occupy parcels of land not less than two thousand (2,000) square feet in area with a minimum average width of not less than twenty (20) feet and a minimum average depth of not less than eighty (80) feet; and

b.

Each individual townhouse or other attached unit shall occupy parcels of land not less than one thousand two hundred (1,200) square feet in area with a minimum average width of not less than twenty (20) feet.

(4)

Density. A planned unit development shall not exceed the average gross density of the zone(s) in which it is located. When a planned unit development contains two (2) or more general plan land use designations, the density of the planned unit development may not be transferred from one (1) general plan designation to another without a general plan amendment.

(5)

Local access. Nothing in this division shall cause the waiver of public street requirements established in chapter 24 of the City Code, subdivision ordinance. However, planned unit developments may be served by private ways, streets, or alleys that vary from the requirements for dedicated streets if, in the judgment of the city council, such waiver is in conformity with the provisions of this division. Furthermore, such paved private access ways, exclusive of pedestrian walkways, shall be at least:

a.

Twenty (20) feet wide for one-way traffic when parking is prohibited by posted signs.

b.

Twenty-four (24) feet wide for two-way traffic when visitor parking is provided in specially designed bays outside of the right-of-way and parking on the access way is prohibited by posted signs.

c.

Forty (40) feet wide for two-way traffic when parking is allowed on both sides.

(6)

Trash and garbage pickup. All areas set aside for storage and pickup of trash and garbage shall be completely enclosed on four (4) sides by a solid six-foot wall or fence, or completely screened by other methods acceptable to the planning commission and city council. Said areas shall be sited in a manner convenient to the residents which they are intended to serve. Solid access doors shall be of the same height as the wall or fence.

(7)

Building height limits. Building heights above the limits imposed in the zone in which the planned unit development is located shall be permitted if the city council determines that additional height furthers the objectives of this division.

(8)

Required open space. Sites shall provide a minimum of five (5) percent of the net area of the planned unit development as common open space/amenity for the development. Land occupied by buildings, streets, driveways or parking spaces may not be counted in satisfying this open space requirement. However, land occupied by recreational buildings and structures may be counted as required open space.

(Ord. No. 24-03, § 2, 9-17-24; Ord. No. 25-12, §§ 3, 4, 12-16-25)

All planned unit developments shall be subject to the following conditions of approval placed upon the project in accordance with article V, division 6 of this chapter:

(1)

Private access streets and driveways. Access to lots within a planned unit development, and to its required parking spaces, shall be provided by way of a public or private street, or an access easement. All common access streets, driveways, alleys and other access ways provided for vehicular access and serving cluster units within the project shall be developed in accordance with the plans and specifications approved as part of this action by the city council, and shall be maintained by responsible management of the project indefinitely. The council may require changes in the design of these common access elements as a condition of approval if, in their judgment, such changes are essential to provide access for fire, police and other emergency vehicles.

(2)

Dedication of public easements. The city council may require and accept dedication of public easements for utilities both public and private within, along or across the common areas of the project. The council may also require easements for pedestrian use where needed to provide through access to a public school, park, or other public facility.

(3)

Improvement and maintenance of open space. Open space areas shall be suitably improved for their intended purpose. All or any part of the required open space shall be reserved for use in common by the residents of the planned development. All lawn and landscaped areas reserved for common use shall be provided with a permanent watering system adequate to maintain such areas. All areas intended for common use shall be irrevocably reserved by deed restriction for such common use.

(4)

Dedication of open space. If, in the judgment of the city council, there exists in the project open space which might at a future time be developed in a manner conflicting with the intent of the zone or the objectives of this division, the council may require the dedication of development rights for said open space to the city as a condition of approval. The instruments used to transfer said rights shall be acceptable to the city and the deeded rights shall be clearly indicated on all maps of record.

(5)

Phased development. If development is to be accomplished in phases, the development plan shall coordinate the improvement of open space, the construction of buildings, structures and improvements in such open space, and the construction of dwelling units so that each development phase achieves, at a minimum, a proportionate share of the total open space improvements of the total planned development.

(6)

Other requirements. The city council may require other reasonable conditions of approval that relate to the physical development of the project or to the methods of managing the common elements and providing for perpetual maintenance of these elements.

(7)

Revocation of permit. Any conditional use permit granted pursuant to the provisions of this division shall contain a condition providing for the revocation of said permit if:

a.

Open areas and recreational facilities are not preserved and maintained;

b.

Automobile storage space and adequate access thereto is not preserved and maintained; or

c.

Any taxes or assessments on the common elements are not paid within the period required by law.

(Ord. No. 24-03, § 2, 9-17-24)

In addition to the procedures for submittal and review of a conditional use permit outlined in article V, division 6 of this chapter, the following procedures shall apply to all projects initiated pursuant to this division:

(1)

Pre-application meeting. Prior to the filing of an application for a conditional use permit, the developer or subdivider should meet with the community development director or designated representative to discuss the proposed project so that the necessary subsequent steps may be undertaken with a clear understanding of requirements for development under this division.

(2)

Administrative review. Subsequent to filing an application for a conditional use permit, the community development director shall review the preliminary plans submitted by the applicant with other city officials including, but not limited to, the city engineer, city attorney, assistant community development director, and fire chief. These officials shall submit their recommendations in writing to the community development director. Upon receipt of these recommendations, a meeting with the developer or subdivider shall be scheduled at which time the administrative recommendations will be made known to the developer or subdivider.

(Ord. No. 24-03, § 2, 9-17-24)

In addition to the procedures for submittal and review of a conditional use permit outlined in article V, division 6 of this chapter, the following additional information shall also be required of planned unit developments:

(1)

General development plan(s) with at least the following details shown to scale and dimensioned:

a.

The location and use(s) proposed for each existing and proposed structure in the project area as well as the number of stories, gross building area and approximate location of entrances;

b.

All existing and proposed curb cuts, driving lanes, streets, alleys and parking, loading, storage and refuse pickup areas;

c.

All pedestrian walks and open areas for common use;

d.

Types of surfacing treatment proposed for all walks, streets and driveways;

e.

Types of landscaping elements proposed for the project including fences and screen planting; and

f.

All existing and proposed physical features such as hydrants, utility facilities, drainage facilities and recreational facilities.

(2)

A boundary survey map of the project (a tentative subdivision map may be substituted for this requirement if the applicant proposes to subdivide the property).

(3)

A map showing existing topography of the project area with contours at one (1) foot intervals, and grading plans if grading is contemplated.

(4)

A subdivision map (tract map or parcel map) shall be required for the creation of a planned unit development.

(5)

Access and maintenance. An agreement for access and maintenance for all facilities used in common shall be submitted as part of the subdivision map for approval and recordation.

a.

All areas of planned unit developments with five (5) or more parcels subject to a reciprocal access and/or maintenance easement shall be maintained by an association that may be incorporated or unincorporated.

b.

Planned unit development with four (4) or less parcels subject to a reciprocal access and/or maintenance easement may execute a maintenance agreement in lieu of requiring an association.

c.

A maintenance agreement shall be formed, composed of and executed by all property owners, to maintain all common areas and appurtenances such as trees, landscaping, water treatment facilities, trash, parking, driveways, drive aisles, walkways, private water lines, meters, etc. Each owner and future property owners shall automatically become members of the agreement and shall be subject to a proportionate share of the maintenance and related costs. The maintenance agreement shall be recorded as a covenant and

agreement to run with the land. The subdivider shall submit a copy of this agreement, once recorded, to the planning division for placement in the subdivision file.

(4)

Statements in writing of all declarations, restrictions, covenants, or methods of managing the project and maintaining the common areas and elements located therein.

(Ord. No. 24-03, § 2, 9-17-24)

Modification of the requirements of this division may be granted by the city council when it determines that such modification will not be detrimental to the subject development, adjacent properties or the public interest. However, no modification shall be granted from the density or total open space area requirements specified in this division.

(Ord. No. 24-03, § 2, 9-17-24)

Where the procedures and requirements of this division will better implement the general plan or other goals or policies of the city as determined by the city council, a planned unit development may be used for a commercial, industrial, mixed land use, or public project. In such case, the open space requirements and other standards of this division may be waived by the council.

(Ord. No. 24-03, § 2, 9-17-24)

Secs. 29-184—29-187. - Reserved.