Salinas Municipal Code Div. 13 Planned Unit Development Permits

The purpose of this division is to:

(a) Provide a process for the development of land in order to reduce design rigidity that otherwise would result from strict application of zoning standards and procedures designed primarily for small parcels;

(b) Ensure orderly and thorough planning and review procedures that will result in quality urban design;

(c) Encourage variety and avoid monotony in developments by allowing greater freedom in selecting the means to provide access, light, open space, and amenities;

(d) Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods and commercial and industrial areas; and

(e) Allow freedom of design in order to obtain developments which will be a community asset or environmentally superior by equaling or surpassing the quality required by strict application of the zoning regulations. Figure 37-60.90 illustrates the planned unit development permit process.

(Ord. No. 2463 (NCS).)

(a) Any use authorized by the underlying zoning district may be included in an approved planned unit development permit consistent with the general plan.

(b) A planned unit development permit may be granted in combination with any permit authorized by this Zoning Code or subdivision approved in accordance with Chapter 31: Subdivisions of the Salinas Municipal Code.

(Ord. No. 2463 (NCS).)

(a) Development regulations shall be as prescribed by the planned unit development permit.

(b) The total number of dwelling units in a planned unit development shall not exceed the maximum number permitted by the underlying zoning district.

(Ord. No. 2463 (NCS).)

[Figure]

An application for a planned unit development permit shall be initiated by submitting an application to community planning and development in accordance with Division 2: Application Procedures of this article.

(Ord. No. 2463 (NCS).)

(a) The city planner shall set the time, date, and location of public hearings.

(b) The city planner shall undertake environmental review in regard to the proposal, and, upon completion of such review and a review of the required findings ( Section 37-60.1030: Required findings of this division), transmit the application, together with a staff report containing a recommendation to the planning commission and city council, as applicable.

(Ord. No. 2463 (NCS).)

(a) Public Hearing Required. Following acceptance of an application, the planning commission shall conduct a public hearing for consideration of the application.

(b) Notice. Notice of a hearing shall be given in accordance with Division 7: Public Hearing Notice of this article.

(c) Public Hearing. The planning commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued without additional public notice.

(d) Decision.

(1) Following the conclusion of a public hearing, the planning commission shall make a written recommendation to the city council to approve, approve with conditions or modifications, or deny the application as submitted or in modified form and shall make written findings supporting the reason for the recommendation in accordance with Section 37-60.1030: Required findings of this division.

(2) In the event that the planning commission is unable to make a recommendation to the city council on the application because a motion on the application fails to receive a majority vote resulting in no action being taken by the planning commission, the application shall be forwarded directly to the city council with a record of the planning commission's vote and the proceedings thereon.

(Ord. No. 2463 (NCS).)

(a) Public Hearing Required. After the planning commission provides a recommendation on the application for a planned unit development permit, the city council shall hold a public hearing on the application.

(b) Notice. Notice of a hearing shall be given in accordance with Division 7: Public Hearing Notice of this article.

(c) Public Hearing. At the time and place set for the public hearing, the city council shall consider the recommendations of the planning commission and shall hear evidence presented for and against the proposed planned unit development permit. The city council may continue a public hearing without additional public notice.

(d) Decision. Following the conclusion of the public hearing, the city council shall approve, modify, or reject the planning commission's recommendation, provided that a substantial modification not previously considered by the planning commission shall be referred to the planning commission for a written recommendation prior to consideration of an amendment (such a modification may require additional environmental review in accordance with CEQA if determined applicable by the city planner). Prior to the adoption of the planned unit development, the city council written findings supporting the reason for the decision in accordance with Section 37-60.1030: Required findings of this division.

(Ord. No. 2463 (NCS).)

The planning commission, prior to making written recommendations to the city council, and the city council prior to approving or approving with conditions or modifications a planned unit development permit shall, on the basis of the application and testimony submitted, make all of the following findings:

(a) The location of the planned unit development is in accord with the objectives of this Zoning Code and the purposes of the district in which the site is located;

(b) The planned unit development and the proposed conditions under which it would be developed or maintained are consistent with the Salinas general plan, applicable specific plan, and other plans and policies adopted by the Salinas city council and will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the planned unit development, nor detrimental to properties or improvements in the vicinity or to the general welfare of the city; and

(c) The planned unit development does not represent an exception to the standards of this Zoning Code but rather an alternative resulting in an equal or superior design in comparison to development, which strictly complies with base district property development regulations.

(Ord. No. 2463 (NCS).)

A planned unit development permit, which has been signed by the permittee(s), returned to the city planner within ninety days from the date of approval, and filed for recordation within the Monterey County recorder's office, shall become effective at the end of the appeal period unless appealed in accordance with Division 17: Appeals of this article.

(Ord. No. 2463 (NCS).)

(a) Expiration of Approval. A planned unit development permit shall expire one year after its effective date, or at an alternative time as specified in the approval, unless any one of the following occurs first:

(1) A building permit has been issued and construction diligently pursued;

(2) A certificate of occupancy has been issued;

(3) The city planner determines that other substantial action has been commenced to carry out the terms and intent of the planned unit development permit; or

(4) The project is one hundred percent very-low or low income or otherwise qualifying pursuant to Civil Code Section 51.3.

(b) Transferability. A planned unit development permit shall not be affected by changes in ownership.

(c) Recordation. The city planner shall file a planned unit development permit for recordation with the Monterey County recorder's office.

(d) Rescission. The city planner may rescind a planned unit development permit in accordance with Section 37-60.1340: Rescission of permits when the city planner determines the following:

(1) The project as approved in the planned unit development permit is built-out;

(2) The structures and improvements will generally conform to and will not be in conflict with the development regulations of the base zoning district;

(3) The use is not a conditional or nonconforming use;

(4) There is no mitigation monitoring plan, mitigation measures, or conditions of approval that require on-going monitoring or review that if rescinded would adversely impact the public health, safety, and welfare; and

(5) The rescission will not have an adverse impact on surrounding land uses.

(e) Revocation. A revocation of a planned unit development permit shall be in accordance with Section 37-60.1330: Revocation of permits.

(Ord. No. 2463 (NCS).)

A request for modification of an approved planned unit development permit shall be subject to the requirements of Division 16: Modification of Approved Plans of this article.

(Ord. No. 2463 (NCS).)