Mountain View Municipal Code Div. 5 Planned Unit Development Permits

Planned unit development (PUD) permits afford maximum flexibility and diversity in site planning and structure heights while protecting the integrity and character of the residential, commercial and industrial areas of the city. The design, configuration and impact of the proposed PUD project shall be compared to the general plan, the purpose and standards of the applicable zone district and any other applicable standards and design guidelines. The PUD permit provides for comprehensive analysis of project-related impacts while allowing for nontraditional or unique site plan design, provided that the zoning administrator finds substantial compliance with the purpose and intent of this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

The planned unit development permit applies to all zoning districts except the planned community (P) zoning district. Planned unit development permits may be requested under the following circumstances:

a. In any "M" zoning district where the minimum project area is ten (10) acres;

b. In any "C" zoning district where the minimum project area is two (2) acres;

c. In any R1, R2, R3 or R4 zoning district. The following types of development may be approved through a PUD process:

1. Flag lots in the R1 zone;

2. Other types of development in the R1 zone which include two (2) or more lots that do not have the required frontage on a public street;

3. Residential developments (including, but not limited to, small-lot, single-family development, townhouses and rowhouses) in the R2, R3 and R4 zones;

4. Development projects in any R zone that meet the definition of a PUD and include deviations from setback standards of the zone district; or

5. Senior care facility in the R1, R2, R3 and R4 zones that warrant flexibility from zoning regulations. Facilities that comply with zoning do not require a PUD.

(Ord. No. 18.13, § 1, 12/10/13.)

In addition to the application requirement of this article, applications for a PUD permit shall include drawings or other illustrations and/or written descriptions that clearly indicate any departures from the development standards of the underlying zone district, explanations regarding why those departures enhance the project and explanations of how the proposed project contributes to the harmonious development of the community. Application materials shall also include a description of how the project achieves the purpose of the underlying zone district, even with the proposed departures from the development standards of the underlying zone.

(Ord. No. 18.13, § 1, 12/10/13.)

Upon receipt of a complete PUD permit application in proper form, the zoning administrator shall hold a duly noticed public hearing in accordance with Division 16 (Applications, Hearings and Appeals) of Article XVI of this Chapter. To ensure effective implementation of general plan policies relating to design guidelines, each application for a PUD permit shall be reviewed in accordance with the zoning administrator authority and development review process in Division 2 of Article XVI of this Chapter prior to the zoning administrator reaching a final decision or recommendation. All applications shall be accompanied by an application for a subdivision as defined in Chapter 28 of the city code. The review of the PUD permit application shall involve concurrent review of the application for subdivision and disapproval or continuation of one shall constitute disapproval or continuation of the other.

For PUD permits involving fewer than five (5) lots, the zoning administrator has the authority to approve or disapprove the permit, subject to appeal to the city council. For PUD permits involving five (5) or more lots, the zoning administrator shall forward a recommendation to the city council to be scheduled for city council review concurrently with consideration of the proposed subdivision. The city council shall have final authority to approve or disapprove the PUD permit.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 33, 1/23/24.)

Each PUD permit application shall be analyzed to ensure that the application is consistent with the purpose and intent of this Chapter. Following the hearing, the zoning administrator or city council shall issue written findings upon which the decision is based. These findings shall be emailed or mailed to the applicant and property owner. The zoning administrator or city council may impose specific development conditions relating to both on- and off-site improvements that are necessary to mitigate project-related adverse impacts and to carry out the purpose and requirements of the respective zoning district. The zoning administrator or city council may approve a PUD permit, if all of the following findings are made:

a. The proposed land use(s) are allowed within the subject zoning district;

b. The site is physically suitable for the type and intensity of the land use being proposed;

c. The proposed project would be harmonious and compatible with existing and future developments within the zoning district and surrounding area;

d. In the case of a proposed residential project, the development will constitute a residential environment of sustained desirability and stability and will result in an intensity of land utilization no higher than, and standards of open space no less than, permitted for a similar development within the zone district;

e. The approval of the PUD permit for proposed project complies with the California Environmental Quality Act (CEQA);

f. The proposed project is consistent with the general plan;

g. The location, size, design and operating characteristics of the proposed project are not detrimental to the public interest, health, safety, convenience or welfare of the community; and

h. The proposed project is in substantial compliance with the intent of requirements of the applicable zone district and implementation of the proposed harmonious and integrated PUD design is superior to standard development in the underlying zone and, therefore, justifies the exceptions to the requirements of this Chapter.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 33, 1/23/24.)