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3.10

PLANNED UNIT DEVELOPMENT (PUD) DISTRICT

1. Purpose and Intent

It is recognized that an integrated development provides an opportunity for creative design when flexible regulations are applied. The planned unit development zone is intended to allow for innovative design and diversification in the relationship of various uses, buildings, structures, lot sizes and open space while ensuring substantial compliance with the General Plan and the intent of the Municipal Code. In addition, the development would provide adequate standards necessary to satisfy the requirements of the public health, safety and general welfare. This zone is not to be used to restrict residential development or to compromise other zoning districts that may be more appropriate for a site. Instead, it enables a developer to obtain approval of a specific, detailed plan for a residential neighborhood which ensures that the uniqueness of the project design is preserved. These standards shall be observed without unduly inhibiting the advantages of modem site planning techniques and innovative planning of residential neighborhoods. Land may be classified as being solely within a P.U.D. zone (exclusive zone), or the P.U.D. zone may be used as a combining zone in a R-1, R-2, or R-3 zone to assign a base zone defining allowable uses and ensure future site development will be compatible with surrounding development and/or to recognize unique site characteristics.

2. Uses Permitted

   • a. Uses permitted in a P.U.D. zone used as a combining zone are those uses permitted by the base zone with which the P.U.D. zone are as follows:

     • (1) One-family dwellings.

     • (2) Multiple-family dwellings.

     • (3) Condominiums.

     • (4) Cluster developments.

     • (5) Parks and playgrounds, public and/or private.

     • (6) Commercial uses, when the Planning Commission finds that such uses are incidental to, and compatible with, the nature and type of development proposed.

     • (7) Real estate tract sales offices and model homes pursuant to the provisions of Section 2.90.

     • (8) Uses and structures which are incidental or accessory to any of the uses permitted in P.U.D. zones.

     • (9) Churches.

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• (10) Schools, public and/or private.

• (11) Golf courses, including associated clubhouse and driving range.

• (12) Tennis courts, including associated clubhouse.

  • (13) Swimming pools

  • (14) Equestrian facilities.

  • (15) Hiking, bicycle and equestrian trails.

  • (16) Open space areas including natural and wildlife areas.

  • (17) Home occupations, as defined in Section 1.190, and in compliance with the provisions of Section 11.170.

  • b. The permitted uses may be allowed in combinations in this zone, provided such use or uses are in harmony with each other and serve to fulfill the function of the planned unit development.

3. Application

   • a. When the P.U.D. zone is to be assigned as an exclusive zone classification, the zone change application shall include the following:

     • (1) A preliminary development plan, drawn to scale, which shall be at the minimum scale indicated and include all the information as required for design review pursuant to Section 2.80. The number and type of plans shall be as follows:

       • (a) Eight (8) copies at scale of all plans submitted.

       • (b) One (1) copy of each plan reduced to a size of 8½" x 11".

       • (c) One (1) color rendition at scale of the site/landscape plan, and elevation.

     • (2) A statement of reasons for including any commercial uses in the development.

     • (3) A statement concerning any proposal to locate public, quasipublic, recreational and educational areas within the development, including size, estimated employment, anticipated financing, development and maintenance.

     • (4) Residential density of the subject area including the estimated employment.

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• (5) If commercial uses are proposed, indicate building sizes, signs, and estimated employment.

• (6) A completed zone change application on such forms as provided by the City, signed by the owner in fee of the subject land and the owner of any option to purchase the property or any portion thereof, if any.

• (7) A statement indicating procedures and programming for the development and maintenance of semipublic or public areas, buildings and structures.

• (8) A statement indicating the stages of development proposed for the entire development.

• (9) Any additional information, plans, drawings, elevations, photos, diagrams, and improvements as may be required by the Planning Director to adequately review the project.

• b. When a P.U.D. zone is used as a combining zone, the zone change application is not required to include development plans. Development plans as indicated in Section 3.10.3 (a.1) through (a.5) and (a.7) through (a.9) shall be required prior to the issuance of a building permit and shall be considered at an advertised public hearing before the Planning Commission. A complete application and fee shall be required. The application and fee shall be the same as that for a zone change hearing. The hearing shall constitute the review and approval of the preliminary development plans. Modification to approved plans will be subject to the provisions set forth in Section 3.10.11.

• c. When the P.U.D. zone is used as a combining zone, all approvals and recommendations by the Planning Commission shall be presented to the City Council for final action following public hearing by the Planning Commission. Matters so presented to the City Council for final action shall not require a noticed public hearing before the City Council except as set forth in Section 3.10.3(d).

• d. If the Council decides to disapprove the recommendation, add to or change any of the conditions recommended by the Planning Commission, the City Council shall set the matter for a noticed public hearing at the next available regular meeting for which notice, as required in Section 2.140, may be published, posted and mailed. The hearing shall constitute the review and approval of the preliminary development plans. Modification to approved plans will be subject to the provisions set forth in Section 3.10.11.

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4. Rezoning Procedure

An application shall be processed as follows:

• a. Pursuant to Chapter 2 of Title 17 of the Municipal Code regarding zone changes.

• b. If the application is approved by the City Council, the zoning map of the area shall be changed by identifying the area with the map symbol P.U.D. If the P.U.D. zone is approved as a combining zone, the base zone shall be identified, followed by the map symbol P.U.D. (Example: R-2/P.U.D.)

• c. The preliminary development plan as approved, shall be filed with the City and shall, by reference, be incorporated into and thereby become part of the zoning ordinance of the City.

• d. After the effective date of the ordinance change to the P.U.D. zone, no building or structure shall be erected, moved or altered on the subject property except when in compliance with the final development plan as approved by the Planning Director, pursuant to Section 2.80.

5. Final Development Plan

   • a. Contents. The final development plan shall be drawn to the same scale and include the information as required for a preliminary development plan, together with any modifications or conditions that were required by the Planning Commission and City Council.

   • b. Procedure. The final development plan shall be submitted and processed the same as required for design review pursuant to Section 2.80. The Planning Director shall review the plan for substantial compliance with the approved preliminary plan and satisfaction of all conditions set forth in the City Council’s final decision. In instances where the Planning Commission desires to review the final development plan, they may place a condition on the project requiring said plan to be brought back before them for review and approval.

6. Latitude of Regulations

The Planning Commission or City Council may require in the final development plan, standards, regulations, limitations and restrictions either more or less restrictive than those specific elsewhere in the Municipal Code and which are designed to protect and maintain property values and community amenities in the community, and which would foster and maintain the health, safety and general welfare of the community, including and relating to but not limited to the following:

• a. Height limitations or any bulk requirements on buildings and structures, lot and yard requirements, and distances between buildings.

• b. Percent coverage of land by buildings and structures.

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• c. Parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area.

• d. The location, width and improvement of vehicular and pedestrian access to various portions of the property including portions within abutting streets.

• e. Planting and maintenance of trees, shrubs, plants and lawns in accordance with a landscaping plan.

• f. Construction of fences, walls and floodlighting of an approved design.

• g. Limitations upon the size, design, number, lighting and location of signs and advertising structures.

• h. Arrangement and spacing of buildings and structures to provide appropriate open spaces around same.

• i. Location and size of off-street loading areas and docks.

• j. Uses of buildings and structures by general classifications, and specific designation when there are unusual requirements for parking; or when use involves noise, dust, odor, fumes, smoke, vibrations, glare or radiation incompatible with present or potential development of surrounding property.

• k. Architectural design of buildings and structures.

• l. Schedule of time for construction and establishment of the proposed buildings, structures, or land uses or any stage of development thereof.

• m.

  • Requiring of performance bonds to ensure development as approved.
  • n. Any additional improvements and dedications reasonably necessary to fulfill public needs for the general health, safety and welfare of the neighborhood and the City.

7. Required Findings

In approving and adopting the rezoning application with the preliminary development plan, the Planning Commission and City Council shall find the following:

• a. The proposed planned unit development zone and preliminary development plan is consistent with the General Plan and objectives of this ordinance;

• b. The proposed development will constitute a residential environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community; and

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• c. The proposed development justifies exceptions from the normal application of the code in that it integrates such elements as the location of structures, circulation pattern, parking, open space, utilities and other amenities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided for the common use of persons occupying or utilizing the property.

8. Expiration of Zone or Plans

   • a. When the P.U.D. zone is assigned as an exclusive zone, the following shall apply:

     • (1) The applicant shall commence construction no later than 3 years from the effective date of the zone change. If, within such period, the construction specified in the approved preliminary development plan has not been commenced, the Planning Director shall notify the Planning Commission of same and the Commission shall consider whether changed circumstances justify a zone change to rescind the P.U.D. zone or if additional time is necessary to be conditioned in order to commence construction of the project. Initiation of a zone change to rescind the P.U.D. zone, or to change any conditions of approval including those extending time periods, shall be subject to the provisions of Chapter 2 of Title 17 of the Municipal Code.

     • (2) If a certificate of occupancy has not been issued for a substantial portion of the dwelling units or other structures in the first phase of a P.U.D. zone within 5 years of the effective date of the P.U.D. zone as determined by the Planning Director, he/she shall notify the Planning Commission of same and the Commission shall consider whether changed circumstances justify a zone change to rescind the P.U.D. zone or if additional time is necessary to be conditioned for the project to be completed. Initiation of a zone change to rescind the P.U.D. zone, or to change any conditions of approval including those extending time periods, shall be subject to the provisions of Chapter 2 of Title 17 of the Municipal Code.

     • (3) Where the first phase is substantially developed and the remaining phases are undeveloped or in various stages of development and 5 years have lapsed since the effective date of the P.U.D. zone as determined by the Planning Director, he/she shall notify the Planning Commission of same and the Commission shall consider whether changed circumstances justify a zone change to rescind the P.U.D. zone for the area containing the uncompleted phases or if additional time is necessary to be conditioned for the project to be completed. Initiation of a zone change to rescind the P.U.D. zone, or to change any conditions of approval including those extending

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periods, shall be subject to the provisions of Chapter 2 of Title 17 of the Municipal Code.

• b. When the P.U.D. zone is used as a combining zone, no status review or other modification shall be required. Approved preliminary plans shall be subject to the same time periods required pursuant to Section 2.170. If more than one preliminary development plan is approved for the site, the most recent approval shall supersede all previously approved plans.

9. Minimum Site Area

The minimum site area for a P.U.D. zone shall be one (1) acre.

10. Residential Density

Open area and density per dwelling unit shall be as shown on the final development plan for the particular P.U.D. zone as approved by the Planning Commission and the City Council. The permitted number of dwelling units may be distributed within the planned residential development zone in accordance with the conditions and terms established pursuant to this chapter consistent with the density standard of the applicable land use designation of the General Plan.

11. Modifications to Approved Preliminary and Final Development Plans

• a. An approved preliminary development plan may be modified by submitting an application for such modification according to the same procedure as is required in the initial review and approval of said plan.

• b. The flexibility of code requirements ordinarily required in other districts permitted in any initial approval of a P.U.D. zone shall not be considered as a precedent setting, or as a lone compelling reason for approving any modifications.

• c. Any application for a modification to an approved preliminary plan may be approved only after it has been found that it does not deviate from the intent and purpose of this zone and the required findings in Section 3.10.7 can be made.

• d. The Planning Director shall have the authority to administratively approve minor changes, modifications, alterations, deviations, or substitutions to an approved preliminary or final development plan with respect to colors, materials, architectural elevations, landscape plans and other physical changes of a similar nature provided any such change does not alter any use, environmental mitigation measure, condition of approval, or substantially affect the basic character of architecture or the landscape architecture as established in the Planning Commission or City Council’s approval of the project. Such minor changes, modifications, alterations, deviations, or substitutions to an approved preliminary or final development plan shall be reported

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to the Planning Commission at fts next regular meeting. At that time, the Planning Commission may accept the Planning Director’s report, may further modify the Planning Director’s approved changes or may direct staff to set the matter for hearing in accordance with the provisions of Chapter 2 of Title 17 of the Municipal Code.

12. Maintenance of Common Areas and Non-Dedicated Improvements and Facilities

• a. All common areas, including open or green spaces, community recreation facilities, common walkways, parking areas, private streets, sidewalks, curbs and gutters and all improvements listed in Title 16 of the Municipal Code which are not dedicated and accepted, may be constructed only upon full and adequate provision for their preservation and future maintenance in a manner acceptable to the City.

  • b. Such provision may be satisfied by a declaration of covenants, conditions and restrictions duly signed and acknowledged by the owner: Articles of Incorporation to be filed with the Secretary of State forming a corporation or association, which shall include provision for empowering such entity created to own and maintain all the properties within its jurisdiction and to exercise the powers and duties of such entity to be fully set forth in the declaration; bylaws of the entity which shall set forth rules of membership, required fees and assessments to be used for maintenance purposes, membership rights and duties; and forms of deeds incorporation the declaration by reference to its recording data.

  • c. All documents must be referred to the City Attorney for review and have the approval of the Planning Director as to their sufficiency to accomplish their purpose.

  • d. The owners of the properties shall, as a condition of such ownership, be required to participate in the legal entity so formed and be responsible to said legal entity for the cost of performing the necessary maintenance.