Article 16 — PLANNED UNIT DEVELOPMENTS

Planned unit developments (PUDs), involving the careful application of design, are encouraged to achieve a more functional, aesthetically pleasing and harmonious lining and working environment within the city which otherwise might not be possible by strict adherence to the regulations of this ordinance.

In certain instances, the objectives of the general plan and zoning ordinance may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated by the general plan, the zone plan or the district regulations prescribed by this ordinance. A planned unit development may include a combination of different dwelling types and/or a variety of land uses which are made to complement each other and harmonize with existing and proposed land uses in the vicinity, by design. In order to provide locations for such well-planned developments, the planning commission is empowered to grant use permits for planned unit developments, provided that such developments comply with the regulations prescribed in this article. The commission is also empowered to zone lands for PUD under the provisions of article 10 of this ordinance. The approval of a PUD that is not designated by the general plan is intended to be discretionary on the part of the city rather than an entitlement of a landowner.

(Ord. No. 2015-01, § 1, 4-8-2015)

A PUD may be located in any district upon the granting of a use permit in accordance with the provisions of this article, or by applying the PUD combining district in accordance with the provisions of article 10 of this ordinance.

(Ord. No. 2015-01, § 1, 4-8-2015)

A PUD shall include only those uses permitted, either as permitted uses or conditional uses, in the zoning district in which the planned unit development is located, subject to the following exceptions:

A.

Any combination of uses permitted in any R or RM district permitted use, or a conditional use, may be included in a PUD located in an R or RM district.

B.

Any combination of uses permitted within any C, or PDI district as a permitted use or a conditional use, may be included in a PUD located in C district.

C.

Within the redevelopment project area depicted for mixed use by the general plan, any use permitted within any zoning district except schools.

(Ord. No. 2015-01, § 1, 4-8-2015)

The minimum site area for a PUD shall be two acres, provided however that a smaller parcel may be permitted if the proposal meets the purposes described in section 1601, as determined by the planning commission.

(Ord. No. 2015-01, § 1, 4-8-2015)

A.

The standards of site area and dimensions, site coverage, yard spaced, distances between structures, offstreet parking and off-street loading facilities and landscaped areas need not be equivalent to the standards prescribed for the regulations for the district in which the PUD is located if the applicant has demonstrated by the design proposal that the objectives of the zoning ordinance and the objectives of this article will be achieved. Since planned unit development may also involve the subdivision process, the applicant must be prepared to show what changes in conventional street and lot design will be necessary to achieve desired goals.

B.

In any R zoning district, the average population density and number of dwelling units per net acre may be increased only if the PUD application meets the requirements of section 65915 of the California Government Code pertaining to housing development for very low, low or moderate income households.

C.

In any R or RM zoning district, the average housing density per net acre may exceed by not more than 25 percent of the maximum population and housing density prescribed by the general plan or the site area per dwelling unit regulations for the district in which the PUD is to be located, if the applicant can demonstrate that the proposal qualifies under applicable provisions of section 65915 of the California Government Code pertaining to the granting of density bonuses and other incentives for housing development intended for very low, low, or moderate income households.

(Ord. No. 2015-01, § 1, 4-8-2015)

No use shall be permitted and no process, equipment or materials shall be employed which is found by the planning commission to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason or odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness or heavy truck traffic, or to involve any hazard of fire or explosion.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1607 - Use permit procedure

The regulations prescribed in sections 1402 through 1417 shall control the procedure for making application for and processing of a planned unit development, subject to the following additional procedures:

A.

In lieu of the drawing of the site prescribed in subsection 1403.G, the application shall be accompanied by a general development plan of the entire planned unit development, drawn to scale and showing provisions for the following: draining of surface waters, water courses, public utility rights-of-way, streets, driveways and pedestrian walks, off-street parking and loading facilities, reservations and dedications for public uses, private uses including dwelling types, lot layout, locations, heights and elevations of structures and landscaped areas.

B.

In addition to the data and drawings prescribed in section 1403 and paragraph A of this section the application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density and number of housing units per net acre in the area or areas proposed to be devoted to residential use.

C.

When a PUD involves proposals which necessitate the filing of a tentative parcel map or subdivision map, and/or which would also necessitate the granting of exceptions of the regulations of the subdivision ordinance, the planning commission may grant tentative approval of the proposal. Where such tentative approval is requested by the applicant, the requirements of paragraphs A and B of this section may be waived temporarily, provided the applicant submits the following:

1.

In lieu of the drawing of the site prescribed in paragraph A of this section, the application shall be accompanied by a schematic drawing drawn to a minimum scale of one inch equals 100 feet, showing the general relationships contemplated among all public and private uses and existing and proposed physical features. An alternate scale may be approved by the planning commission for projects of large scale.

2.

A written statement setting forth the source of water supply, method of sewage disposal, means of drainage, dwelling types, non-residential uses, lot layout, public and private access, height of structures, lighting, landscaped areas of provisions for maintenance of landscaped areas, area to be devoted to various uses and population density per net acre contemplated by the applicant.

Upon approval of a tentative subdivision map, in accordance with the procedures prescribed by the subdivision ordinance, the applicant shall submit a development plan in accordance with the requirements of paragraphs A and B of this section before the commission may grant a final approval of the proposal.

D.

The city clerk shall give written notice to the applicant of the time when the application will be considered by the planning commission.

E.

The commission may grant a use permit for a PUD as the use permit was applied for or in modified form if, on the basis of the application and the evidence submitted, the commission makes the following findings:

1.

That the proposed location of the PUD is in accordance with the objectives of the zoning ordinance.

2.

That the proposed location of the PUD and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety and welfare or materially injurious to properties or improvements in the vicinity.

3.

That the proposed PUD will comply with each of the applicable provisions of this section.

4.

That the standards of housing density, site area and dimensions, site coverage, yard spaces, height of structure, distance between structures, off-street parking and off-street loading facilities, landscaped areas and street design will produce an environment of stable and desirable character consistent with the objectives of the zoning ordinance, and will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

5.

That the combination of different dwelling types and/or variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

6.

That the proposed PUD will satisfactorily mitigate potential environmental impacts in accordance with the provisions of section 1508 of this ordinance.

F.

The planning commission may deny an application for a use permit for a planned unit development.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1608 - Review by city council

At the first regular meeting of the city council held more than ten days after a decision on a PUD application by the planning commission, the council shall review the decision. The council may affirm, reverse or modify the decision of the planning commission, provided that if a decision denying the use permit is reversed or a decision granting the use permit is modified, the council shall, based on the record transmitted by the planning commission and such additional evidence as may be submitted, make the findings prerequisite to the granting of a use permit for a PUD as prescribed in subsection 1607.E. A PUD permit shall become effective immediately after it is granted by resolution of the city council.

(Ord. No. 2015-01, § 1, 4-8-2015)

ARTICLE 17 - ARCHITECTURAL DESIGN REVIEW

Sec. 1701 - Purposes and application

A.

The purposes of the architectural design review process are to avoid the ugly, inharmonious and monotonous appearance of structures and signs through the review of the design, materials, textures, colors and such other elements of construction which affect the exterior appearance of structures; to encourage originality in building design and construction in a manner which will enhance the physical appearance and attractiveness of the community; to preserve the investments in properties which exhibit tasteful consideration of the external physical appearance of the site and structures thereon; and to encourage and enhance the desirability of private investment within the surrounding area. The architectural

design review process is also intended to foster the architectural theme for the central commercial district called for by policies of the general plan.

B.

Architectural design review provisions of this article shall apply to any permitted or conditional use, other than single-family use, listed within the C districts, or to any RMC, C or PDI district to which and MXU mixed use District has been combined within a redevelopment project area. There shall be no exceptions to such application except as may be granted for historic structures designated by the City under the provisions of the design review guidelines referred to in subsection 1702.E of this article.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1702 - Architectural design review committee

A.

An architectural design review committee shall be established which shall review plans and drawings and report to the planning commission and the city council as prescribed in this article. The ARDC shall consist of three voting members appointed from their respective bodies: one city council member, one planning commissioner, and one historic preservation board member. The ARDC shall also include one ex-officio building official in an advisory position.

B.

The ADRC may invite a person to serve in the capacity of technical advisor to the committee who is qualified to serve in such capacity by reason of training or experience in architecture, art, landscape architecture, city planning, urban design, real estate, land development, engineering or other relevant business or profession, and by reason of sound judgment, to judge the visual characteristics and effects of a proposed development. Voting members of the committee shall serve for a term of two years, and such term may be extended at the pleasure of the city council.

C.

The ADRC shall hold at least one meeting each month at a time to be designated by the committee, except that any such meeting may be cancelled by the committee chairperson, upon notification of all members, if an application requiring committee review is not pending.

D.

Architectural design review is required for the following:

1.

Any new use or building.

2.

Any existing use or building for which exterior remodeling is proposed, including exterior surface improvement such as painting, sand blasting, veneer and stucco surfacing.

3.

The establishment or remodeling of any on-premise sign or other advertising structures which are regulated under article 12 of this appendix.

E.

Architectural design review shall be conducted to foster and advance the early 20th century small town architectural theme within the C zoning districts, and within adopted redevelopment project areas, in accordance with design review guidelines adopted by resolution of city council.

(Ord. No. 2015-01, § 1, 4-8-2015; Ord. No. 2018-10, § 3, 8-28-2018)

Sec. 1703 - Drawings to be submitted

A.

The following drawings shall be submitted to the building official at the time of or prior to the submission to the city of applicable drawings required for site plan review; provided, however, that architectural design review drawings need not be submitted prior to the approval of a variance, use permit or amendment to this ordinance:

1.

Architectural drawings or sketches, drawn to scale, showing all elevations of the proposed structures as they will appear upon completion of construction. All exterior surfacing materials and colors shall be specified.

2.

Scale drawings of all signs that are subject to architectural design review, showing size, location, material, colors and illumination (if any).

The ADRC may require additional information of the applicant if necessary to carry out the purposes of this article. The ADRC may authorize the omission of any drawings required by this section which are deemed by the committee as unnecessary.

B.

Prior to the submission of scale drawings for ADRC review, the applicant shall first meet with the building official to present and discuss sketches which illustrate the building design concept intended for the affected property. Such meeting is required to clarify the intent and application of the design review guidelines adopted by the city council.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1704 - Referral and action

A.

The building official shall check all drawings submitted for architectural design review for compliance with applicable provisions of this code, and shall submit the drawings to the ADRC. If the building official determines that a design review permit cannot be issued without the granting of a variance, use permit or amendment to this ordinance, the building official shall inform the applicant and shall not submit the drawings to the ADRC until such variance, use permit or amendment is first applied for and approved by the city.

B.

The authority of the ADRC with respect to building design and improvement shall extend to reviewing plans and making recommendations which require voluntary compliance by the applicant.

C.

The ADRC shall act to approve, deny or require modification of the drawings submitted for committee review within forty (40) days of the determination by the building official that the application meets the requirements of this article for submission.

D.

Reports and recommendations of the ADRC shall have the concurrence of at least three (3) voting members of the committee and shall be reported to the applicant in writing within ten (10) days after the committee's action.

(Ord. No. 2015-01, § 1, 4-8-2015)

ARTICLE 18 - VARIANCES

Sec. 1801 - Purposes

The planning commission is empowered to grant variances only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The power to grant variances does not extend the use regulations, because the flexibility necessary to avoid results inconsistent with the objectives of the zoning ordinance is provided by the conditional use, planned unit development and amendment provisions of this ordinance.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1802 - Authority of the planning commission

The planning commission may grant variances to the regulations prescribed by this ordinance only with respect to size, shape, topography, location or surroundings, and including fences and walls, site areas, coverage, yards, height of and distances between structures, off-street parking facilities and off-street loading facilities.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1803 - Application and fee

A.

Application for a variance shall be made to the planning commission on a form prescribed by the commission which shall include the following data:

1.

Name and address of applicant.

2.

Statement that the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved.

3.

Address or description of property.

4.

Statement of the precise nature of the variance requested and why approval is necessary under the purposes described in section 2101, together with any other data pertinent to the findings prerequisite to the granting of variance prescribed in section 1806.

B.

The application shall be accompanied by a drawing of the site and any adjacent property affected, showing all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.

C.

A drawing of the site and surrounding area, showing all surrounding properties within 300 feet of the site, and a list of names and last known addresses of the recorded legal owners of such properties, as shown on the latest adopted assessment roll of the county. County assessor's maps may be used for this purpose.

D.

The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of processing the application.

E.

The secretary of the planning commission shall give notice to the applicant of the time when the application will be considered, and may give notice of the time to any other interested party.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1804 - Hearing and notice

The planning commission shall give notice and hold a public hearing in accordance with the provisions of sections 1904 and 1905 of this code.

(Ord. No. 2015-01, § 1, 4-8-2015)

At a public hearing, the commission shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in section 1806.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1806 - Granting of variances

A.

The commission shall act on the application within 30 days after the close of the public hearing. The commission may grant a variance to regulations prescribed by this ordinance, as the variance was applied for or in modified form, if, on the basis of the application, investigation and evidence submitted, the commission makes the following findings:

1.

That there are special circumstances or conditions applicable to the property involved, such that strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.

2.

That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the vicinity and in the same zoning district.

The commission may grant a variance with respect to off-street parking or loading requirements as the variance was applied for or in modified form if the commission makes the following additional findings:

3.

That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.

4.

That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.

5.

That the variance will not create a safety hazard or any other condition inconsistent with the objectives of the zoning ordinance.

B.

Notwithstanding the provisions of paragraph A of this section, the commission may grant a variance with respect to off-street parking for non-residential development in order that some or all of the required parking spaces can be located offsite, including locations outside of the city limits, or that in-lieu fees or facilities be provided instead of the required parking spaces, if the variance will be an incentive to, and a benefit for the non-residential development.

C.

In approving a variance, the commission shall add such conditions of approval as it deems necessary to assure that the variance adjustment shall not constitute a grant of special privilege as described under paragraph A of this section.

D.

A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. The commission may deny a variance application.

E.

A variance shall become effective ten days following the date on which the variance was granted by the commission unless an appeal is filed with the city council.

(Ord. No. 2015-01, § 1, 4-8-2015)

A.

Within ten days following the date of a decision of the planning commission on a variance application, the decision may be appealed to the city council by the applicant or any other interested party. An appeal shall be made in writing to the city clerk stating specifically wherein it is claimed that there was an error or abuse of discretion by the planning commission or the commission's decision is not supported by the evidence in the record.

B.

Within ten days of the filing of an appeal, the secretary of the planning commission shall transmit to the city clerk the file on the variance application and the commission's action thereon for review and action by the city council.

C.

The city clerk shall give notice to the applicant and the appellant (if not the applicant), and may give notice to any other interested party of the time when the appeal will be considered by the city council.

(Ord. No. 2015-01, § 1, 4-8-2015)

A.

The city council shall hear the appeal at its next regular meeting following a period of ten days after the appeal has been filed. The council may affirm, reverse or modify a decision of the planning commission on a variance application, provided that if a decision denying a variance is reversed or a decision approving a variance is modified, the city council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a variance as prescribed in section 1806 of this article.

B.

A variance which has been the subject of an appeal shall become effective immediately following the date on which the variance is granted by the city council.

(Ord. No. 2015-01, § 1, 4-8-2015)

The issuance of a building permit shall be governed by the provisions of section 1410.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1810 - Lapse of variance

A variance shall lapse and shall become void one year following the date on which the variance becomes effective unless by condition of the variance of a greater time is allowed, or unless prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on a site which was the subject of the variance application. A variance may be renewed for an additional one year, provided that prior to the expiration of one year from the date when the variance originally became effective, a request for renewal of the variance is made in writing to the planning commission. The commission may grant or deny a request for renewal of a variance.

(Ord. No. 2015-01, § 1, 4-8-2015)

The revocation of a variance approval shall be governed by the provisions of section 1414.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1812 - New application

Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within six (6) months of the date of denial of the variance application or revocation of the variance.

(Ord. No. 2015-01, § 1, 4-8-2015)