Fontana Municipal Code Div. 24 Planned Unit Development (PUD)

This division establishes the regulations and procedures for the approval of a planned unit development (PUD) project, major and minor.

(1) Purpose. The purpose of this division is as follows:

a. To encourage within the density standards of the general plan and Zoning and Development Code the development of a more desirable living environment by application of modern site planning techniques and building groupings or arrangements that are not permitted through strict application of the present zoning and subdivision ordinances;

b. To encourage the reservation of greater open space and amenities for visual enjoyment and recreational use;

c. To encourage a more efficient, aesthetic and desirable use of land; and

d. To encourage variety in the physical development patterns of the City.

(2) Intent. The intent of this division is to ensure that:

a. Planned unit development permits will be issued only where the subject parcel is suitable to make innovative and creative site planning possible;

b. Applicants for planned unit development permits have the professional capability to produce a creative plan;

c. The public's interest in achieving goals stated in the general plan will be served more fully through the planned unit development process than through application of conventional zoning regulations;

d. The advantages to landowners afforded by the planned unit development process will be balanced by public benefits; and

e. Natural or man-made features and resources of the site such as topography, trees, watercourses, and the like are preserved.

(Ord. No. 1936, § 4(Exh. A), 12-12-23)

Minor planned unit developments are allowed by-right in applicable zoning districts. The Planning Commission is authorized to approve or deny a major planned unit development application and to impose reasonable conditions upon approval.

(Ord. No. 1936, § 4(Exh. A), 12-12-23)

Only those uses permitted in the zoning district shall be permitted under conditions of this division.

Any project developed pursuant to this division shall comply with the following regulations, and any permit issued shall be subject to such provisions established as conditions of approval.

(1) Major planned unit development.

a. Area of project. Planned unit development projects shall not be less than one acre in total area, except as modified below:

1. For residential projects or mixed-use projects where all units are affordable according to City standards, the minimum land area shall be the minimum lot area requirement of the zoning district in which the project is located.

2. For applications involving conversions of cooperatives to condominiums, the minimum lot area shall be the minimum lot area requirement of the zoning district in which the project is located.

b. Maximum density. The dwelling unit density shall not exceed a number of units as set forth in the zoning district in which the project is located.

c. Minimum area and dimensions of lot. The area, width and depth of individually owned parcels of land within the development shall be established as a condition of approval, based on the following factors:

1. Topography of the land.

2. The ground area covered by individual dwellings and accessory structures.

3. Location of common open space and its relationship to the dwelling to be served.

4. Aesthetic relationships between individual units and open spaces.

5. Yards and setbacks.

i. Front, side, and rear yards shall be established as a condition of approval. Building lines shall be indicated on the approved site plan map.

ii. All buildings shall be set back from all perimeter lines of the project a distance not less than 15 feet for rear yards and ten feet for side yard setbacks. Greater perimeter setbacks may be required as a condition of approval.

d. Distance between buildings. The distance between any two buildings within the project shall be established as a condition of approval but shall not be less than ten-foot between the edges of the eaves.

e. Maximum building height. The maximum building height permitted in the zoning district shall apply.

f. Required on-site parking.

1. The number of required parking spaces shall conform to provisions of Article XI.

2. The location and arrangement of parking shall be subject to review by the Planning Commission.

g. Walls, fences, and landscaping.

1. Appropriate walls, fencing and landscaping around the perimeter of the project shall be required.

2. A landscaping plan for all common open areas shall be submitted with required plans. Approval of the landscape element shall include approval of an acceptable watering system, and assurance of continued maintenance.

h. Signs. The provisions of the zoning district in which the project is located shall apply.

i. Access.

1. Vehicular access shall be subject to review and approval of the Planning Commission.

2. Conflicts between pedestrian and vehicular circulation shall be minimized. Where such conflicts exist, adequate safety measures shall be in place to protect pedestrians.

3. All pedestrian access to common recreation and open areas shall be subject to review and approval of the Planning Commission.

4. Amenities adjacent to drive aisles and streets shall be separated by a physical barrier (i.e. low walls).

5. A variety of pavement textures and colors are required for streets, access ways and driveways, including stamped concrete, pavers, colored concrete and interlocking paving materials.

j. Minimum dwelling unit floor area. The minimum floor area for each dwelling unit shall not be less than the requirements established by the zoning district.

k. Common open space elements. The Planning Commission shall review and approve the location, intent, landscape treatment and method of maintaining each common open space or recreational elements proposed. The Planning Commission may require, as a condition of approval, such improvements as fencing, walls, and/or landscaping necessary to protect abutting residential development.

l. Fencing. All fences and walls shall be constructed of durable, long-lasting materials. Walls constructed of concrete block shall vary in texture, color, and/or incorporate landscaping in order to provide visual relief. Wood, chain link fencing, and barbed wire are prohibited.

m. Amenities/recreational uses. Active and passive recreational uses shall be encouraged, including greenbelts, hiking and walking trails, parks, swimming pools, spas, barbecue areas and sports courts. The design of such recreational uses shall be properly integrated into the overall design of the project. Amenities adjacent to drive aisles and streets shall be separated by a physical barrier (i.e. low walls).

n. Private yards. Private yards shall be of sufficient size to be useable for passive outdoor use by occupants.

o. Orientation. Buildings shall be oriented and located in such a manner as to maximize views and privacy and minimize exposure to intrusive elements such as noise, traffic and negative views.

p. Nuisance factors. The Planning Commission may impose standards, including restrictions on operating hours, for nuisance factors such as lighting, noise, vibrations, smoke, dust, dirt, odors, gases, heat, glare, or other physical impacts.

q. Natural features. The development shall incorporate, where possible, natural terrain and trees or other vegetation into the overall design of the project.

r. Other conditions. The Planning Commission may impose other conditions that it deems necessary or desirable to ensure that the project will be established, operated, and maintained in accordance with this division and all other requirements of this chapter and other provisions of law. The decision-making authority may further require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(2) Minor planned unit development. Where a conflict exists between the standards in this section and those pertaining to the underlying zoning district, this section shall take precedence.

a. Area of project. Minor planned unit development projects shall be located on sites that meet the following criteria:

1. Located within the medium density residential (R-2) zoning district.

2. Located where at least 80 percent of the land within a 300-foot radius of the site has been developed, and where water, sewer, streets, schools and fire protection are provided.

3. Not larger than three acres in size.

b. Maximum density. The dwelling unit density shall not exceed a number of units as set forth in the zoning district in which the project is located, except in cases of utilizing units from any allowable density bonus program.

c. Minimum area and dimensions of lot.

1. The lot area of individually owned parcels of land within the development shall be established as part of the minor planned unit development approval, with a maximum deviation of 20 percent from the requirements of the applicable zoning district unless otherwise approved by the Director of Planning.

2. The lot width and depth shall meet the purpose of the minor PUD and be approved by the Director of Planning as part of the minor planned unit development approval. The Director of Planning may, at his/her discretion, forward applications for deviations in excess of 20 percent to the Planning Commission for decision.

d. Setbacks. Front, side and rear setbacks shall be permitted to deviate from the requirements of the underlying zoning district. However, the front, side and rear setbacks shall not be less than the following:

1. At no time shall the front setback be less than 15 feet between the front of the structure and the front property line.

2. At no time shall the rear setback be less than ten feet between the rear of the structure and the rear property line.

3. At no time shall the side setback be less than four feet between the sides of the structure and the side property lines.

e. Lot coverage. Lot coverage shall be established as part of the minor planned unit development approval, with a maximum deviation of 20 percent from any applicable lot coverage of the zoning district.

f. Distance between buildings. The distance between any two buildings within the project shall be established as part of the minor planned unit development approval but shall not be less than six-feet between the edges of the eaves.

g. Maximum building height. The maximum building height permitted in the zoning district shall apply.

h. Required on-site parking.

1. The number of required parking spaces shall conform to provisions of Article XI.

2. The location and arrangement of parking shall be determined as part of the minor planned unit development approval.

i. Walls and fences.

1. Fences and walls shall be designed to be an attractive part of the project with materials and designs that are compatible with the exterior building materials and demonstrate design integrity with the project as a whole. Wood fencing, chain link or chain link with slats, and barbed wire shall be prohibited.

j. Landscaping.

1. Landscaping shall meet the requirements of Article X (General Landscape Requirements).

2. Landscaping shall be incorporated to create an attractive visual for residential units, to provide privacy for adjacent residential units and to create useable open space when possible.

3. The landscape design shall provide shade and accent plant materials of distinctive texture and color.

4. A tiered planting plan shall be proposed and installed.

i. A minimum of three tier types that include a combination of groundcover, shrubs, and specimen trees shall be incorporated.

ii. Different scales, forms, colors and/or textures of plant materials shall be used as "tiered" planting visually increases the depth of planters and promotes interest and diversity.

iii. The tiered concept shall be applied to areas facing the right-of-way and in front of individual residential units or multi-family housing projects.

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k. Signs. The provisions of the zoning district in which the project is located shall apply.

l. Access and paving.

1. Decorative pervious paving shall be incorporated into paved and landscaped areas in order to enhance the appearance of the project, reduce the visual impact of paved surfaces and act as a traffic calming measure.

i. Decorative paving, including stamped concrete, pavers, brick, grasscrete, interlocking paving materials and other comparable materials, shall be used for all drive aisles in the entire development.

2. Conflicts between pedestrian and vehicular circulation shall be minimized. Where such conflicts exist, adequate safety measures shall be in place to protect pedestrians.

3. The development shall include entry monumentation to provide an aesthetically pleasing, "celebrated" entry statement. The development shall provide all of the following components:

i. A minimum of two 36 inch box trees.

ii. Uplighting on the building and landscaping.

iii. Architectural elements, such as columns, pergolas, low walls, and similar elements with signage identifying the community and/or address.

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m. Minimum dwelling unit floor area. The minimum floor area for each dwelling unit shall be established as required by the applicable zoning district.

n. Architectural design and site criteria. All criteria in Section 30-435 and 30-477 shall apply to projects utilizing the minor planned unit development.

o. Orientation. Buildings shall be oriented and located in such a manner as to maximize views and privacy and minimize exposure to intrusive elements such as noise, traffic and negative views. End units shall be oriented toward, and take access from, the public right-of-way.

p. Frontage and entries. Each residential unit taking access from the ground floor shall incorporate one of the following frontage types:

1. Porch. In the porch frontage type, the main facade of the building has a small-to-medium setback from the frontage line. The resulting front yard is typically small and can be defined by a wall or fence to spatially maintain the edge of the street. The engaged porch has two adjacent sides of the porch that are attached to the building while the other two sides are open.

2. Dooryard. In the dooryard frontage type, the main facade of the building is set back a small distance and the frontage line is defined by a low wall or hedge, creating a small dooryard. The dooryard shall not provide public circulation along a ROW. The dooryard may be raised, sunken, or at grade and is intended for ground-floor residential.

3. Stoop. In the stoop frontage type, the main facade of the building is near the frontage line and the elevated stoop engages the sidewalk. The stoop shall be elevated above the sidewalk to ensure privacy within the building. Stairs or ramps from the stoop may lead directly to the sidewalk or may be side-loaded. This type is appropriate for residential uses with small setbacks.

q. Natural features. The development shall incorporate, where possible, natural terrain and trees or other vegetation into the overall design of the project.

r. Private open space. A minimum of 200 square feet of private open space shall be provided for each residential unit. Private open space shall be accessed directly from the ground floor of the dwelling unit and shall be outside of the minimum front setback.

(Ord. No. 1936, § 4(Exh. A), 12-12-23; Ord. No. 1961, § 4(Exh. A), 1-28-25)

(a) Phased development. A proposed planned unit development project that is phased over time shall be accompanied by a schedule establishing approximate dates when each phase shall be complete. Each phase of a phased development shall include its pro-rata share of total planned common space, facilities, services and inclusionary units, as applicable.

(b) Common areas. Where common areas or facilities are proposed, an operation and maintenance program shall be prepared.

(c) Development agreements. Completion time and complexity of proposed planned developments may make desirable a development agreement between the project applicant and the City. Any such development agreement shall be subject to the provisions of Division 23, of this article herein.

(Ord. No. 1936, § 4(Exh. A), 12-12-23)

Prior to the filing of an application for a planned unit development, the applicant or the applicant's representative shall apply for a pre-application review with City staff.

(Ord. No. 1906, § 66, 10-25-22)

An application for a planned unit development shall include a development plan that includes the following information:

(1) Location and boundaries of property.

(2) Site plan.

(3) Existing and proposed land uses.

(4) Density and floor-area ratios of proposed development.

(5) Location of natural features.

(6) Parking areas and circulation patterns.

(7) Soils, grading, and drainage report.

(8) Elevations of existing and proposed buildings.

(9) Landscaping plan.

(10) Fencing plans showing heights and materials proposed for fences and walls.

(11) Signage plan.

(12) Phasing plan, if applicable.

(13) Amenities and Recreational areas within the development.

(14) Other data and information deemed necessary by the City.

Editor's note— Ord. No. 1906, § 67, adopted Oct. 25, 2022, repealed § 30-330, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Before the Planning Commission may grant a major planned unit development permit, it must make all of the following findings:

(1) The proposed project conforms to the general plan and is consistent with the purposes and requirements of this division.

(2) The uses within the project are compatible.

(3) New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of buildings and structures in the surrounding vicinity.

(4) The project is consistent with any adopted design guidelines applicable to the project area.

(5) The overall project reflects a high level of development and design quality that will enhance and benefit the City as a whole.

(6) The proposed project will be served by adequate water, sewer, public utilities and services, and will have adequate vehicular and pedestrian access to ensure that it will not be detrimental to the public health, safety, or welfare.

(Ord. No. 1936, § 4(Exh. A), 12-12-23)

Notice of the hearing shall be made in accordance with the provisions of Division 4, of this article herein.

(a) Major planned unit development.

(1) Upon the filing of a complete application for the required entitlements for a proposed residential development requesting to utilize the major planned unit development, the matter shall be set for hearing before the Planning Commission.

(2) The Planning Commission shall hold at least one public hearing upon the matters referred to in the application for amendment. If the Planning Commission finds that the proposal substantially promotes the goals of the City's general plan, the Planning Commission shall recommend the change to the City Council. The Planning Commission shall transmit its report in writing to the City Council within 90 days following the public hearing. The report shall set forth the reasons of the Planning Commission recommendations and the relationship of the proposed change to the general plan. The Planning Commission shall also have the authority to forward the application to the City Council for consideration.

(b) Minor planned unit development.

(1) Minor planned unit developments are allowed by-right in applicable zoning districts. Compliance with the development standards in this division is required for approval of the minor planned unit development application but does not preclude the proposed development from being subject to other required review and approval for site, architectural, subdivision, and other applicable applications.

(Ord. No. 1936, § 4(Exh. A), 12-12-23)

Editor's note— Ord. No. 1936, § 4(Exh. A), adopted Dec. 12, 2023, repealed the former § 30-333 and enacted a new § 30-333 as set out herein. The former § 30-333 pertained to hearing—planning commission and had no amendatory history.

The City Council shall hold at least one public hearing upon the matters referred to the Council by the Planning Commission or by appeal. The City Council may approve, modify or reject any part of the recommendation of the Planning Commission. The determination of the City Council shall be final and conclusive, except that whenever the City Council shall consider a change not previously considered by the Planning Commission, the Council may refer such change to the Planning Commission for its recommendation.

If an application for a general plan amendment is denied by either the Planning Commission or City Council, another application of the same nature and affecting the same property shall not be filed within a period of one year from the date of denial. However, the hearing body denying the application may give permission for a new application to be filed if a change in circumstances or plans indicate a new application is warranted. Nothing contained in this section shall prohibit either the City Council or Planning Commission from initiating a change of general plan amendment at any time.