Mountain House Municipal Code Ch. 15 Planned Development Zone

The intent of this Chapter is to permit greater flexibility and innovation in the design and processing of projects than would otherwise be allowed under conventional zoning regulations in order to:

(a) Encourage an efficient use of land, particularly for those parcels that are sufficiently unique in their physical characteristics or other circumstances to warrant special methods of development;

(b) Simplify the processing of proposed projects by providing a method of concurrent review of land use, subdivision, public improvements, and siting considerations;

(c) Allow mixed use projects, containing residential, commercial, and/or civic uses, that are desirable and compatible with surrounding uses;

(d) Lower project costs by permitting increases in density beyond those normally allowed for standard projects and by reducing the costs associated with road and utility networks;

(e) Encourage diversity in housing types, styles, and price ranges;

(f) Encourage the use of common open areas and the inclusion of other amenities in project design; and

(g) Provide for the development of sites while protecting open space resources.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Planned Development (PD) zone may be applied to parcels carrying any General Plan designation, except the Commercial Recreation General Plan designation, and containing a minimum of four (4) contiguous acres. A PD zone may be applied to parcels containing less than four (4) contiguous acres, provided the applicant can show that a PD zone established on such parcels would meet the intent and the provisions set forth in this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)

The uses permitted in the PD zone shall be those uses approved by the Review Authority as part of the application approval process, provided such uses are consistent with General Plan policies.

(Ord. 2024-18, § 1(Exh. A), 2024)

A PD zone may be initiated by the property owner or by the property owner's authorized agent. Two (2) separate applications shall be submitted: a Phase I Application and a Phase II Application, unless the Director of Community Development determines that only one (1) application, a Phase II Application, is required. If the Director authorizes the filing of only a Phase II Application, the application shall contain all relevant information required for both the Phase I and Phase II Applications. A fee, as specified by resolution of the City Council, shall be required.

(a) Phase I Application, Contents. The Phase I Application shall contain the following:

(1) A statement of the objectives to be achieved by the PD zone.

(2) A statement concerning the provision of required infrastructure services and utilities.

(A) The statement shall specify what infrastructure services and utilities will be needed by the planned development and what assurances will be made to secure their availability.

(B) The statement shall be based on a preliminary study of the systems required (e.g., storm drainage, sanitary sewer, water, electricity).

(3) A statement of the applicant's intentions regarding future sale or lease of all or portions of the property within the PD zone proposed for development.

(4) A statement concerning provisions for the preservation or maintenance of the portions of the planned development to be held in common ownership.

(5) A statement concerning protection of open space resources.

(6) A Conceptual Site Plan and supporting maps containing, if applicable, the following:

(A) Existing site conditions, including contours, vegetation, waterways, levees, and other natural and man-made features of the land;

(B) Proposed street layout; off-street parking areas, including estimates of the number of off-street parking spaces; loading spaces; emergency access areas; points of access to public rights-of-way; pedestrian and bicycle ways; and transit facilities;

(C) Proposed land uses, including areas proposed to be dedicated or reserved as common open spaces or for public or semi-public uses, with estimates of the acreage for each type of land use and preliminary computations of residential density;

(D) Approximate arrangement of individual lots;

(E) Approximate location and arrangement of all structures or outlines of areas within which buildings or structures may be located;

(F) Preliminary elevations and/or perspective drawings of all proposed buildings or other structures;

(G) A general landscaping plan; and

(H) A general grading plan.

(7) Information on land adjacent to the proposed PD zone, indicating important relationships between the planned development and surrounding land uses, circulation systems, public facilities, and natural features;

(8) Such other information which may be required by the Director of Community Development to evaluate the character and impact of the proposed planned development.

(b) Phase II Application, Contents. The Phase II Application shall contain the following:

(1) A Detailed Site Plan containing, if applicable, the following:

(A) A detailed plan for vehicular circulation, bicycle and pedestrian ways, transit facilities, access, and off-street parking, including road alignments and widths, finished grades, and computations of off-street parking spaces;

(B) A detailed plan for infrastructure services and utilities, including the location and size of all utilities;

(C) A detailed land use plan, specifying the areas within the PD zone for single-family/multi-family dwellings, commercial uses, industrial uses, off-street parking, recreational facilities, open space, and other uses, with land use acreage and residential density computations;

(D) Arrangement and dimensions of individual lots;

(E) Location and type of all buildings and structures, including dimensions of setbacks and yard areas;

(F) A definitive landscaping plan, including a plan for automatic sprinklers; and

(G) Elevations and/or perspective drawings as submitted with the Phase I Application.

(2) A program for the installation and maintenance of parking areas, lighting, landscaping, infrastructure, utilities, and recreational facilities.

(3) A program for the preservation/maintenance of common open space areas.

(4) A program for the protection of open space resources.

(5) A tentative map for a minor or major subdivision filed concurrently with the Phase II Application, if the subject property is proposed to be divided.

(6) A development schedule indicating:

(A) The approximate date for the start of construction; and

(B) The phases, if any, in which the PD will be built and the approximate dates for the completion of each phase.

(c) Professional Assistance. Preparation of the Phase I Application and the Phase II Application shall require, at a minimum, the services of a registered civil engineer (or licensed land surveyor) and a licensed architect. Depending on the complexity of the planned development, the services of a qualified urban planner and a registered landscape architect may also be required by the Director of Community Development.

(d) Site Design Standards. The Conceptual Site Plan and the Detailed Site Plan shall be subject to the site design standards specified in Section 9-8-1511.

(Ord. 2024-18, § 1(Exh. A), 2024)

Except as modified by this Section, Phase I and Phase II Applications for a PD zone shall be reviewed by the Planning Commission using the Public Hearing Review Procedure specified in Chapter 5 of Division 2.

(a) Review of Phase I Applications.

(1) If the Planning Commission recommends approval of the Phase I Application, the City Council shall hold a public hearing to consider the Commission's recommendation.

(2) If the Planning Commission denies the Phase I Application, that action shall be final unless appealed to the City Council.

(b) Review of Phase II Applications.

(1) If a Phase II Application is the only application required, the review of said application shall follow the same procedure as specified in Subsection (a).

(2) If a Phase I Application and a Phase II Application are both required, the Planning Commission shall either approve or deny the Phase II Application. If the Planning Commission denies the Phase II Application, that action shall be final unless appealed to the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

In order to approve a Phase I Application, or a Phase II Application when said application is the only application required, the Review Authority shall determine that the following are true:

(a) The PD zone, together with the Conceptual Site Plan or Detailed Site Plan, is consistent with the General Plan, any application Master Plan, Specific Plan, and Special Purpose Plan for the area; and any other applicable plan adopted by the City; and the intent of this Chapter.

(b) The property is suitable for the planned development proposed.

(c) The planned development will provide a resource protection or an amenity, above and beyond normal expectations.

(d) The planned development will not have a significant adverse impact on surrounding properties or on external infrastructure, utility, and circulation systems on which the PD depends.

In order to approve a Phase II Application, when both a Phase I Application and Phase II Application are required, the Review Authority shall determine that the Phase II Application is in substantial conformity with the Phase I Application.

(Ord. 2024-18, § 1(Exh. A), 2024)

If a Phase I Application, or a Phase II Application when that is the only application required, is approved by the City Council, the zoning map of the City shall be amended to show the boundaries of the newly created PD zone. The ordinance creating the PD zone shall also approve the Conceptual Site Plan or the Detailed Site Plan, if appropriate. Under no circumstances shall development of the subject property be allowed to proceed until after the Review Authority has approved the Phase II Application.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a) Phase I Application. Within one (1) year from the date of approval of a Phase I Application by the City Council, the applicant shall submit a Phase II Application.

(1) The applicant may request an extension of the one (1) year time limit from the City Council. Any request for extension shall be in writing, shall demonstrate good cause, and shall be filed with the Community Development Department at least thirty (30) days prior to the expiration date.

(2) Failure to obtain an extension within the stated time period shall nullify the approval of the Conceptual Site Plan. Under such circumstances, the Community Development Department shall initiate proceedings to rezone the property affected by the PD zone back to the earlier zone designation.

(b) Phase II Application. Within three (3) years from the date of approval of a Phase II Application, the applicant shall have commenced construction in good faith.

(1) The applicant may request an extension of the three (3) year time limit from the Review Authority who approved the Phase II Application. The extension shall be for a period or periods not to exceed a total of three (3) years. Any request for an extension shall be in writing, shall demonstrate good cause, and shall be filed with the Community Development Department at least thirty (30) days prior to the expiration date.

(2) Failure to commence construction in good faith or to obtain an extension within the stated time period shall nullify the approval of the Detailed Site Plan. Under such circumstances, the Community Development Department shall initiate proceedings to rezone the property affected by the PD zone back to the earlier zone designation.

(Ord. 2024-18, § 1(Exh. A), 2024)

Any changes or amendments to the Detailed Site Plan approved by the Review Authority shall be subject to the following provisions:

(a) Administrative Amendments. Minor differences between the Detailed Site Plan and construction plans, minor circulation alignments, and changes in the size and siting of buildings and structures, landscape treatment, phasing, area and configuration of lots, and the like, may be authorized by the Director of Community Development if required by engineering or by other circumstances not foreseen at the time the Phase II Application was approved. Such administrative amendments shall not constitute subsequent discretionary approval subject to further CEQA review.

(b) Nonadministrative Amendments. Changes regarding use, overall configuration of land uses and circulation features, and number of lots and increases in overall density shall not be permitted. Such nonadministrative amendments may only be secured by submitting a new PD Application.

(Ord. 2024-18, § 1(Exh. A), 2024)

A Phase II Application shall not be approved by the Review Authority unless the following safeguards have been secured:

(a) Common Open Areas. The applicant shall provide, or agree to provide, recorded land agreements, covenants, proprietary control, or other devices acceptable to the Review Authority to ensure maintenance and management of all common open areas and protection of all open space resources.

(b) Public Facilities. The applicant shall install all public facilities and improvements, both on-site and off-site, required by the Review Authority for the PD. An agreement to secure such performance shall be in such form and executed in such manner as required by the Director of Public Works and as approved by the City Attorney.

(c) The agreement shall be secured by a cash deposit, bond, letter of credit, or by other arrangement acceptable to the Director of Public Works and City Attorney.

(d) The agreement may provide for improvements or facilities to be installed in units and include reasonable time limits placed upon any and all construction.

(e) Other Facilities and Improvements. The applicant shall install all facilities and improvements, indicated in the Detailed Site Plan, that are not to be publicly owned and operated. An agreement containing safeguards satisfactory to the Review Authority and City Attorney shall be executed to secure such performance.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Conceptual Site Plan and the Detailed Site Plan shall, to the extent applicable, be subject to the following site design principles and standards:

(a) Common Open Space.

(1) Principles. Common open space shall be:

(A) Designed as an essential or major element of the project;

(B) Located to take advantage of and to help preserve existing natural amenities such as trees, topographic feat and views;

(C) Clustered generally to create larger scale open spaces, but used also to buffer incompatible uses and to provide corridors of space around and within developed areas to achieve a spacious character and convenient linkage to all parts of the PD;

(D) Conveniently situated for use by all residents, but primarily distributed so that the largest and most usable areas are in closest proximity to the highest density and highest intensity portions of the PD; and

(E) Designed so that specific improvements, such as pools, play fields, court games, tot areas, and nature trails, are related to the general recreational needs of the residents or occupants of the PD.

(2) Standards.

(A) Common open areas shall compose a minimum of thirty (30) percent of the net land area of the PD; and

(B) Common open areas shall be consolidated in units of at least ten thousand (10,000) square feet in area if such areas contain recreational facilities.

(b) Private Open Space.

(1) Principle. Private open space shall be provided which is adequate in area and usable in shape.

(2) Standard. Private open space shall be at least four hundred (400) square feet in area for detached single-family dwellings; two hundred twenty-five (225) square feet in area for multi-family attached dwellings located on the ground floor; and sixty (60) square feet in balcony area for upper-story multi-family dwelling units.

(c) Site and Structure Relationships. The height, bulk, intensity, and setback requirements of structures are regulated inasmuch as they meet General Plan building intensity requirements and the following principles and standards:

(1) Principles. Buildings shall be:

(A) Arranged so that, in general, the highest density portions of the PD are closest to existing and anticipated centers of activity, major transportation routes, transit facilities, and other public facilities;

(B) Located in areas that permit optimum site utilization commensurate with the conservation of desirable topographic features;

(C) Situated to provide natural light and ventilation, to protect privacy, to ensure convenient access to and around each building, and to enhance solar access;

(D) Situated to assure a harmonious relationship with existing and anticipated land uses along peripheral boundaries;

(E) Arranged so that spaces between buildings vary in accordance with building size and use in order to achieve a desirable visual and social relationship;

(F) Arranged so that the distances between buildings and roads vary according to building size, use, and character of road traffic in order to provide a well planned streetscape and to assure protection from traffic noise and congestion;

(G) Varied so that single-family dwellings avoid excessive repetition of identical floor plans;

(H) Situated so that single-family dwellings have staggered dwelling setbacks;

(I) Arranged so that each attached unit in multi-family structures is provided with its own identity and entry;

(J) Situated so that buildings (except single-family dwellings), open spaces, and parking areas are grouped in or monotony of continuous rows of buildings and walls along a road;

(K) Located on lots with various width dimensions;

(L) Designed to incorporate in all building elevations the recesses, projections, and other features that provide rich shadow patterns and variety and visual relief;

(M) Arranged whenever possible to take advantage of views and vistas; and

(N) Sited and designed to provide a strong functional relationship to the site.

(2) Standards.

(A) For single-family dwellings, street-side building elevations on corner lots shall not exceed one (1) story in height. Split level units may be allowed, however, if the second story is stepped back from the street side yard;

(B) For single-family dwellings, a minimum number of floor plans (and elevations for each floor plan) shall be provided, as specified below:

(C) For PDs containing commercial uses, buildings shall occupy no more than forty (40) percent of the net land area; and

(D) For buildings located along the boundaries of the PD, peripheral setbacks from said boundaries shall be no less than twenty (20) feet.

(d) Vehicular Circulation.

(1) Principles. The vehicular circulation system shall:

(A) Provide adequate vehicular access to and within the PD and facilitate transit use;

(B) Avoid adverse drainage conditions and grading, and conserve existing amenities of the site;

(C) Be integrated with the natural landscape;

(D) Accommodate water, sewer, electric, telephone, gas, cable TV, and drainage facilities whenever necessary;

(E) Be designed to discourage through traffic within the PD;

(F) Facilitate solar access by orienting roads along an east-west axis, except where such orientation is precluded by natural topography, resource protection, and drainage patterns;

(G) Be designed to minimize road and utility networks; and

(H) Reflect an informal street pattern with curvilinear or meandering roads, and cul-de-sacs.

(2) Standards.

(A) Unless otherwise specified, all roads within the PD, whether public or private, shall have a curb-to-curb pavement width of at least thirty-six (36) feet;

(B) Special road cross-sections with a curb-to-curb pavement width of less than thirty-six (36) feet may be permitted for private roads by the Review Authority, provided accessibility and vehicular maneuverability is at least equivalent to a standard road;

(C) The PD and each phase thereof shall have two (2) points of vehicular ingress and egress from surrounding roads, one (1) of which may be emergency only, except where this requirement is clearly unattainable because of topographical constraints; and

(D) All roads, whether public or private, shall be improved in accordance with the standards of the Department of Public Works.

(e) Pedestrian Circulation.

(1) Principles. The pedestrian circulation system shall be:

(A) Designed to provide safe and convenient access to dwellings, buildings, common open space, parking areas, recreational facilities, and other logical terminal points within the project;

(B) Designed to include off-street, shared pedestrian/bicycle paths where appropriate;

(C) Located and improved to protect the privacy of individual dwellings; and

(D) Interconnected with the pedestrian circulation system surrounding the project.

(2) Standards.

(A) The walking distance from a dwelling unit or a building to the required parking space or spaces which serve it shall not exceed two hundred (200) feet as measured along a defined walkway;

(B) The walking distance from dwelling units to guest parking spaces shall not exceed five hundred (500) feet as measured along defined walkways; and

(C) Sidewalks serving as pedestrian ways shall not be less than four (4) feet in width.

(f) Off-Street Parking.

(1) Principles. Off-street parking areas shall:

(A) Be adequate in terms of number of spaces to accommodate the needs of residents, guests, and occupants of the project; and

(B) Generally exceed the number of spaces required by Chapter 4 of Division 10 (Parking and Loading) for specified uses to compensate for the reduction in on-street parking typically experienced with planned developments.

(2) Standards.

(A) The provisions of Chapter 2 of Division 10 shall apply, except as modified by this Chapter;

(B) Two (2) parking spaces per dwelling unit shall be provided, unless otherwise allowed by the Review Authority;

(C) Guest parking areas shall be located no further than five hundred (500) feet from the dwelling units they are intended to serve; and

(D) Required off-street parking spaces shall be located no further than two hundred (200) feet from the dwelling units, buildings, or facilities they are intended to serve.

(g) Landscaping Plans.

(1) Principles. Landscaping plans shall:

(A) Include provisions to retain and preserve existing trees, waterways, and other desirable site features that enhance the planned development; and

(B) Include new plantings and fencing for privacy, shade, erosion control, screening, and variety.

(2) Standards.

(A) The provisions of Chapter 3 of Division 10 (Landscaping Regulations) shall apply, except as modified by this Chapter;

(B) The extent and location of all plant materials and other landscape features shall be shown;

(C) The proposed treatment of all ground surfaces shall be indicated (e.g., paving, turf, gravel);

(D) A minimum of two (2) trees per dwelling unit shall be required, excluding street and erosion control trees;

(E) All trees shall be fifteen (15) gallons minimum in size, unless otherwise allowed by the Review Authority; and

(F) Fencing adjacent to major common open areas shall be open view type fencing (e.g., wrought iron) in order to increase visual open space perception.

(h) Residential Density.

(1) Principle. Density bonuses may be awarded to a PD, provided the PD meets the intent of this Chapter and conforms to General Plan policies.

(2) Standards. The PD shall not exceed the maximum allowable residential densities specified below by the Residential General Plan land use designation:

du/ga = dwelling units/gross acre.

(Ord. 2024-18, § 1(Exh. A), 2024)