Article I — GENERAL PROVISIONS

This special permit is intended to enable and encourage flexibility of design and development of land in such a manner as to promote its most appropriate use; to allow diversification in the relationship of various uses, structures and space; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic qualities of open space; to offer recreational opportunities close to home; to enhance the appearance of neighborhoods through preservation of natural green spaces, and to counteract the effects of urban congestion and monotony. The proposed development must be designed to provide an environment of a stable and desirable character, and must provide permanently reserved useable open space and areas for off-street parking adequate for the occupancy proposed. In residential development, it must include provision for open space and recreation areas to meet the needs of the anticipated population.

There are created hereby two basic types of development: (1) Residential (2) Nonresidential. Where the type of planned unit development is not clear on the face of the application, it shall be determined by the zoning administrator.

ARTICLE II RESIDENTIAL PLANNED UNIT DEVELOPMENT

Where the planned unit development is determined to be residential, it shall be governed by the provisions of Sections 27.62.040 through 27.62.100.

Uses not specified as permitted, accessory or special uses by the use regulations of the zoning district in which the property is located may be allowed as part of a planned unit development provided:

(1) The uses allowed hereby are necessary or desirable and are appropriate with respect to the basic type of development;

(2) The uses permitted hereby are not of such a nature, or so located as to exercise a detrimental influence on the surrounding neighborhood;

(3) Uses permitted hereby shall not be so extensive as to become the dominant purpose of the planned unit development.

(Ord. No. 1971-41 § 1; prior code § 152.09(II)(B).)

Cross References

Section 27.62.030

The number of dwelling units shall be based on the minimum development standards for the zoning district in which the development is located. If the development is located in a nonresidential zone, R5 minimum development standards shall apply.

(a) The lot size and width requirements of the underlying zone shall apply unless the proposed development site is over one acre in size and it can be demonstrated that:

(1) A better design will be achieved by not adhering to Zoning Code requirements by:

(A) Preserving and enhancing existing site elements such as, but not limited to, heritage trees, topography, waterways, important historical or architectural resource, views, natural open space and archaeological sites; or

(B) Providing common open space and recreational facilities sufficient to meet the needs of the intended inhabitants; and

(2) Adherence to the requirements of the Zoning Code is not required in order to insure the health, safety, and welfare of inhabitants of the development or adjacent properties.

(b) Regardless of the approved lot size and width, in no case shall the residential planned unit development exceed the unit density development standards of the underlying zone.

27.62.060 SETBACKS AND SPACING BETWEEN BUILDINGS.

(1) Setbacks and Distances Between Buildings Within the Development.

Spacing and distances between principal buildings shall be at least equivalent to that required by the zoning district unless the applicant demonstrates that:

(a) A better or more appropriate design can be achieved by not applying the provision of the zoning district; and

(b) Adherence to the requirements of the zoning district is not required in order to insure health, safety and welfare of the inhabitants of the development.

(2) Peripheral Setbacks.

(a) Generally. Setbacks between any principal building and any peripheral boundary of the development shall be equal to the minimum required setback on the immediately adjacent property unless otherwise provided.

(b) Decreased Setbacks. Decreased setbacks may be allowed where the applicant demonstrates that a better or more appropriate design can be achieved by the allowance of a reduced setback and adherence to the setback requirements of immediately adjacent property is not required in order to insure the health, safety and welfare of inhabitants of the development or the adjacent property.

(c) Increased Setbacks. Setbacks greater than those of the immediately adjacent property may be required where the intensity of development is greater than that of the adjacent property to such an extent that greater peripheral setbacks are needed in order to insure the health, safety and welfare of the inhabitants of the development of the adjacent property.

(1) Major and local streets, the location of all buildings, parking areas, pedestrian ways, and utility easements, shall be designed to promote the public safety, compatibility of uses, and minimization of land use conflicts.

(2) Private streets may serve circulation and parking purposes if designed for fire and police protection, rubbish collection, and lighting and other public services.

(3) Circulation and parking areas shall be separated from recreational areas to facilitate safe vehicular movement. In the design of the circulation and parking plan, priority shall be given to pedestrian access and activity.

(4) Driveways, circulation roadways and parking areas shall be designed to minimize traffic and congestion within the planned unit development, to minimize the amount of paving and to provide reasonable distribution of resident and visitor stalls to minimize walking distances.

(5) Adequate access for fire and other emergency vehicles shall be provided on site.

(6) Parking shall be provided which is equal to that required by Chapter 27.64 of this title, except that those requirements may be increased or decreased where the City Council determines that because of the location of the property with respect to surrounding areas within reasonable walking distance, and/or public transportation, or any other consideration reasonably relating to the need for parking in the development, such increase or decrease is appropriate. Where parking on private streets is unavailable or prohibited due to design or privately-enforced restrictions, parking requirements may be increased.

(7) Legal notices for applications for planned unit development shall specify any reduction in parking which has been requested.

(8) Communal parking areas shall be screened from living areas within the development by landscaping and transitional yards.

(9) Where open parking areas are to be located immediately adjacent to any peripheral boundary, a separation or buffer of a type sufficient to insure the privacy of the adjacent property shall be provided.

(10) Facilities shall be provided for the storage of recreational vehicles, such as boats, campers, and trailers where appropriate.

(11) All streets which are part of the project shall be privately-owned and maintained, and shall provide continuous public access. The hours of public access may be reduced subject to the commission establishing the following findings:

(A) Police, fire, and emergency matters or services shall not be adversely affected;

(B) Public access shall not be substantially restricted;

(C) Adjacent developments shall not be adversely affected; and

(D) Public circulation in the area shall not be impaired.

(1) Floor Area Ratio. The floor area ratio (F.A.R.) of the zoning district in which the property is located shall apply unless the following conditions exist:

(a) Applicant's plans demonstrate that better design will be achieved through allowance of increased floor area;

(b) The increase in floor area allowed will not have a detrimental effect on surrounding property.

(2) Open Space. Open space for recreational purposes must be provided which in terms of area and suitability will meet the needs of the inhabitants. In determining the requirement of open space, the following shall be considered:

(a) The Park and Recreation Element of the General Plan;

(b) The composition of the anticipated population of the development;

(c) Such other factors and considerations which bear a reasonable relationship to the question of need for open space therein.

(3) The City Council may, by resolution, promulgate such standards and policies for open space in residential planned developments as are deemed appropriate and in the furtherance of the health, safety and welfare of the future inhabitants and the community.

(4) Open Space Standards and Requirements. Total common open space shall be equal to a minimum of 6 acres per 1,000 population for all residential planned developments. Common open space shall consist of the following:

(a) Residential Common Usable Open Space. At least fifty percent (50%) of the required open space shall be usable open space, accessible to all occupants of the residential planned development. This may include landscaped areas devoted to recreational purposes accessible to all residents of the development. Swimming pools, recreation rooms and buildings, court game areas, plazas, play area, picnic areas, walkways in common areas and other common recreation facilities may also be used to fulfill this requirement. Landscape areas fulfilling this requirement shall be at least 450 sq. ft. in size, not less than ten feet in any dimension and shall not exceed twenty-five percent (25%) in slope.

(b) Natural Area Landscaping. Up to fifty percent (50%) of the required open space may be provided in natural area landscaping. This includes preservation and enhancement of existing site elements, such as, but not limited to: heritage trees, major vegetation, waterways and unique topographic features. Decorative landscaping within these areas may be also used to fulfill this requirement. Areas fulfilling this requirement shall be at least 100 sq. ft. in size and not less than six feet in any dimension.

(1) For each area to be held under common ownership, a document showing the future maintenance provisions shall be submitted for review with the application. Such provisions shall include mandatory membership of all property owners in any association designed for maintenance of the open space.

(2) Where local open spaces are to be conveyed to the City in fee, the developer shall convey them at the stage and in the condition agreed upon in connection with processing and approval of the application.

(3) In the event that the application results in a subdivision map showing lands available for park, recreation, open space, or other municipal purposes, the City Council, as a condition of approval of the application, may establish such conditions on the ownership, improvement, use, and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purpose.

Landscaping for setbacks, parking areas, open space and any other area of the development shall be required in accordance with applicable standards and policies promulgated heretofore or hereafter by resolution of the City Council.

(Ord. No. 1971-41 § 1; prior code § 152.09(II)(H).)

Cross References

Section 27.62.030