Article II — Planned Unit Developments

A.

A "Planned Unit Development" (PUD) is a large, integrated development adhering to a comprehensive plan and located either:

On a single tract of land of at least four (4) acres in the RH Zones, and thirty thousand (30,000) square feet or more in all other zones;

On two (2) or more tracts of land equaling at least four (4) acres in the RH Zones, and thirty thousand (30,000) square feet or more in total in all other zones which may be separated only by a street or other right-of-way; or

In the D-DT-CPW Zone that involves construction at or above one hundred (100) feet in height.

B.

In developments that are approved pursuant to the Planned Unit Development regulations in this Chapter, certain uses may be permitted in addition to those otherwise allowed in the underlying zone, certain of the other regulations applying in said zone may be waived or modified, and the normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13763, § 5, 10-3-2023)

A.

The following developments are permitted only upon the granting of a Planned Unit Development permit pursuant to the Planned Unit Development procedure in Chapter 17.140.

Any Planned Unit Development incorporating any of the bonuses set forth in Section 17.142.100.

Any integrated development which is primarily designed for or occupied by Commercial Activities, which is located in any Commercial Zone, and which is developed under unified control, in accordance with a comprehensive plan, on a single tract with thirty thousand (30,000) square feet or more of land area, or on two (2) or more tracts which total such area and which are separated only by a street or other right-of-way.

Any development in the D-DT-CPW Zone involving construction at or above one hundred (100) feet in height.

B.

Unless required by the Planning Director, other large, integrated developments involving the same minimum land area thresholds of a Planned Unit Development, as defined in Section 17.142.020, are permitted without such a permit. However, an applicant for such a development may request a Planned Unit Development permit pursuant to the Planned Unit Development procedure in Chapter 17.140.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13763, § 5, 10-3-2023)

If any of the bonuses set forth in Section 17.142.100 are proposed for a development, the tract or tracts of land included in such development must be in one (1) ownership or control or the subject of a joint application by the owners of all the property included. The holder of a written option to purchase; any governmental agency, including the Redevelopment Successor Agency of the City; or a redeveloper under contract with the Redevelopment Successor Agency shall be deemed the owner of such land for the purposes of this Section. Unless otherwise provided as a condition for approval of a Planned Unit Development (PUD) permit, the permittee may divide and transfer units of any development for which a permit is required by Section 17.142.030. The transferee shall complete each such unit, and use and maintain it, in strict conformance with the approved permit and development plan.

(Ord. No. 13763, § 5, 10-3-2023)

If any of the bonuses set forth in Section 17.142.100 are proposed for a Planned Unit Development, the application for a Planned Unit Development (PUD) permit pursuant to said Section shall utilize the following professionals in the design process for the development:

A.

An architect licensed by the State of California; and

B.

A landscape architect licensed by the State of California, or an urban planner holding or capable of holding membership in the American Institute of Certified Planners.

(Ord. No. 13763, § 5, 10-3-2023)

The City Planning Commission or, on appeal, the City Council may, as a condition of approval of any development for which a permit is required by Section 17.142.030, require that suitable areas for schools, parks, or playgrounds be set aside, improved, and dedicated for public use, or be permanently reserved for the owners, residents, employees, or patrons of the development. Whenever group or common open space is provided, the Commission or the Council, as the case may be, may require that an association of owners or tenants be created for the purpose of maintaining such open space. Such an association, if required, may undertake other functions. It shall be created in such a manner that owners of property shall automatically be members and shall be subject to assessments levied to maintain said open space for the purposes intended. The period of existence of such association shall be not less than twenty (20) years, and it shall continue thereafter until a majority vote of the members shall terminate it.

(Ord. No. 13763, § 5, 10-3-2023)

The City Planning Commission or, on appeal, the City Council may, as a condition of approval of any development for which a permit is required by Section 17.142.030, require a cash bond or surety bond for the completion of all or specified parts of the development deemed to be essential to the achievement of the purposes set forth in Section 17.142.010. The bond shall be in a form approved by the City Attorney, in a sum of one hundred percent (100%) of the estimated cost of the work, and conditioned upon the faithful performance of the work specified within the time specified.

(Ord. No. 13763, § 5, 10-3-2023)

The bonuses set forth in Section 17.142.100 may, upon approval pursuant thereto and except as otherwise specified therein, be permitted for a Planned Unit Development in any Residential or Commercial Zone, or in the S-1, S-3, S-15, or D-CO-1 Zones.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 10- 3-2023)

The minimum total land area of any Planned Unit Development incorporating any of the bonuses set forth in Section 17.142.100 shall be four (4) acres in the RH Zones, and thirty thousand (30,000) square feet in all other zones.

(Ord. No. 13763, § 5, 10-3-2023)

For Planned Unit Developments qualifying under Sections 17.142.080 and 17.142.090, the following exceptions to otherwise applicable regulations may be permitted upon the granting of a Planned Unit Development permit pursuant to the Planned Unit Development procedure in Chapter 17.140:

A.

Additional Permitted Activities Where Increase in Overall Density or Floor-Area Ratio (FAR) Is Proposed. Except in the RH Zones, the following activities, as described in the use classifications in Chapter 17.10, may be permitted in a Planned Unit Development incorporating an increase in overall density or Floor-Area Ratio pursuant to Subsection E. of this Section, in addition to the activities generally permitted in the zone where the development is located:

Civic Activities:

Limited Child-Care

Community Education

Commercial Activities, provided that such activities shall not occupy in the aggregate more than five percent (5%) of the total floor area in such development, and further provided that the maximum floor area devoted to such activities by any single establishment shall be three thousand (3,000) square feet:

General Food Sales

Full Service Restaurant

Limited Service Restaurant and Cafe

Fast-Food Restaurant

Convenience Market

Alcoholic Beverage Sales

Consumer Service (see Section 17.102.170 for special regulations relating to massage services and Section 17.102.450 for special regulations related to laundromats)

Medical Service

B.

Further Additional Permitted Activities Where No Increase in Overall Density or Floor-Area Ratio Is Proposed. Except in the RH Zones, the following activities, as described in the use classifications, may be

permitted in a Planned Unit Development for which no increase in overall density or Floor-Area Ratio is proposed pursuant to Subsection E. of this Section, in addition to the activities listed in Subsection A. of this Section and in addition to the activities generally permitted in the zone in which the development is located. The special limitations prescribed in Subsection A.3. of this Section with respect to location and amount of floor area devoted to Commercial Activities shall not apply in such a development.

Residential Activities:

Semi-Transient

Civic Activities:

Health Care (Nursing Home)

Recreational Assembly

Nonassembly Cultural

Administrative

Utility and Vehicular

Commercial Activities:

Mechanical or Electronic Games

General Retail Sales

Consumer Service (see Section 17.102.170 for special regulations relating to massage services and Section 17.102.450 for special regulations related to laundromats)

Consultative and Financial Service

Consumer Cleaning and Repair Service

Group Assembly

Personal Instruction and Improvement Services

Administrative

Business, Communication, and Media Service

Broadcasting and Recording Service

Research Service

General Wholesale Sales

Automobile and Other Light Vehicle Gas Station and Servicing

Automotive Fee Parking

Animal Care

Animal Boarding

Industrial Activities:

Custom Manufacturing

C.

Additional Permitted Facilities in the RH Zones without the S-9 Combining Zone. In the RH Zones without the S-9 Combining Zone, the following facilities, as described in the use classifications, may be permitted in addition to the facilities otherwise permitted in said zone, provided that at least fifty percent (50%) of the dwelling units in the total development shall be One-Family Dwellings:

Residential Facilities:

Two- to Four-Family Dwelling

Multifamily Dwelling

D.

Additional Permitted Facilities in Other Zones. Except in the RH Zones with the S-9 Combining Zone, the following facilities, as described in the use classifications, may be permitted in addition to the facilities otherwise permitted in the zone in which the development is located:

Residential Facilities:

One-Family Dwelling

Two- to Four-Family Dwelling

Multifamily Dwelling

Rooming House

Nonresidential Facilities:

Open

Drive-In

Signs:

Residential

Business

E.

Increase in Overall Density or Floor-Area Ratio.

Except in the RH and RD-1 Zones with the S-9 Combining Zone, the maximum overall number of living units in Residential Facilities and the maximum overall Floor-Area Ratio, if any, otherwise permitted or conditionally permitted in the zone in which the development is located may be increased by up to thirty- three percent (33%) if the overall development contains a combination of two (2) or more of the following dwelling types and if not more than three-fourths (¾) of the total number of living units are included in any one of such types:

a.

Detached buildings each containing only one living unit;

b.

Town house or similar semi-detached or attached buildings each containing only one (1) or two (2) living units;

c.

Buildings each containing two (2) to four(4) living units;

d.

Buildings each containing five (5) or more living units.

Except in the RH Zones with the S-9 Combining Zone, the maximum overall number of living units in Residential Facilities and the maximum overall Floor-Area Ratio, if any, otherwise permitted or conditionally permitted in the zone in which the development is located may be increased by up to twenty-five percent (25%) in a development other than one described in Subsection E.1. of this Section.

F.

Distribution of Facilities without Reference to Lot or Block Line. The overall number of living units and amount of floor area, off-street parking and loading facilities, usable open space, and landscaping and screening may be located within the development without reference to lot lines or blocks, except as otherwise provided in Subsection 17.142.110.I and except that any provided parking spaces serving Residential Activities shall be located within two hundred (200) feet of the building containing the living units served.

G.

Waiver or Reduction of Yard and Other Dimensional Requirements. Except as otherwise provided in Subsection 17.142.110.C, the minimum lot area, width, and frontage; height; and yard requirements otherwise applying may be waived or modified for the purpose of promoting an integrated site plan.

H.

Limitations on Signs. Except in the RH Zones and except in a development incorporating an increase in density or Floor-Area Ratio pursuant to Subsection E. of this Section, Signs may be developed subject to the limitations prescribed therefor in the CC-2 Zone rather than those in the zone in which the development is located.

(Ord. No. 13763, § 5, 10-3-2023)

The following regulations shall apply to all developments for which a permit is required by Section 17.142.030:

A.

Density and Floor-Area Ratio (FAR) Calculation. The maximum overall number of living units in Residential Facilities and the maximum overall Floor-Area Ratio, if any, shall be based on the land area within the development, excluding the following:

Publicly dedicated land area, including but not limited to streets, freeways, alleys, parks, and paths.

B.

Density in the RH Zones. In the RH Zones, the maximum number of dwelling units shall be as prescribed in said zones.

C.

Height in the RH Zones. In the RH Zones, no building shall exceed the normally required maximum height, except as would otherwise be allowed by Subsection 17.108.020.A and except for the same projections as are allowed by Section 17.108.030.

D.

Performance Standards. Any Commercial or Industrial Activities in the development shall be subject to the applicable provisions of the performance standards in Chapter 17.120.

E.

Yards and Courts. Subject to the provisions of this article, the minimum yard and court requirements otherwise applying to individual lots may be waived or modified within a PUD, and other facilities may be located within said development without reference to lot lines.

F.

Usable Open Space. In the RH-1, RH-2 and RH-3 Zones, two hundred (200) square feet of group usable open space per dwelling unit and one hundred (100) square feet of private usable open space per dwelling unit shall be provided for Residential Facilities. In any other zone, developments incorporating an increase in overall density or Floor-Area Ratio pursuant to Subsection 17.142.100.E shall provide usable open space for Residential Facilities in the amount required in the individual zoning chapters and in Chapter 17.126, and private usable open space may be substituted for required group space in the ratio prescribed in said chapters.

G.

Undergrounding of Utilities. In any development which is primarily designed for or occupied by Residential Activities, all electric and telephone facilities; fire alarm conduits; streetlight wiring; and other wiring, conduits, and similar facilities shall be placed underground by the developer. Electric and telephone facilities shall be installed in accordance with standard specifications of the serving utilities. Street lighting and fire alarm facilities shall be installed in accordance with standard specifications of the Electrical Department.

H.

Other Regulations. Except as otherwise provided in Section 17.142.100 and in this Section, and except as more restrictive regulations may be prescribed pursuant to Section 17.142.060 or otherwise as a condition of approval of a Planned Unit Development permit pursuant to Section 17.142.030, the development shall be subject to the regulations generally applying in the zone in which it is located and the provisions of Section 17.108.080.

I.

Developments Divided by Boundaries. Any development which is divided by a boundary between zones shall be subject as if it were a single lot to the provisions of Subsections B.2., 3., and 4. of Section 17.154.060 with respect to calculation of required parking, loading, and usable open space; calculation of maximum number of living units or Floor-Area Ratio; and distribution of the resulting number of living units or amount of floor area.

(Ord. No. 13763, § 5, 10-3-2023)