Chapter 10.40 — PLANNED UNIT DEVELOPMENT OVERLAY ZONE — Tulare Zoning Code

§ 10.40.010 Purpose. ¶

A planned unit development (PUD) can achieve a more functional, aesthetically pleasing, and harmonious living and working environment within the city that otherwise might not be possible by strict adherence to the provisions of this title. The Planned Unit Development Overlay zone is designed to produce a comprehensive development that is equal to or better than that resulting from residential development developed under more traditional zoning regulations. (Ord. 2025-01, passed 1-7-2025)

§ 10.40.020 Application procedure. ¶

(A) Applications for a planned unit development shall be processed consistent with Chapter 10.86, Zoning Ordinance Amendments. Any single-family residential zone district contained in this chapter may be combined with the Planned Unit Development Overlay zone. The tentative subdivision map or residential development plan that accompanies an application for reclassification shall be reviewed by the Director to determine consistency with the provisions of this chapter. The map or plan shall include the following information:

(1) Legal description and boundary survey map of the exterior boundaries of the parcel to be developed.
(2) Plot plan of land to be developed, showing residential uses by type, number and size; residential lots by type, number and size; open space uses; streets, rights-of-way and easements; and proposed on-site and off-site

improvements, including landscaping, walls and fences, street and sidewalk improvements, lighting and infrastructure.

(3) A grading and drainage plan, showing elevations, directions of water flow, and storm drainage improvements.
(4) Concept plans that demonstrate the overall scope of the residential development.
(5) A preliminary utilities and title report.
(6) The anticipated timing of each development phase.
(7) Elevation drawings of residential structures in the development.

(B) Zone districts that are combined with the Planned Unit Development Overlay zone shall be designated on the Official Zoning Map with the base zone district followed by the Planned Unit Development Overlay zone notation (PUD).

(Ord. 2025-01, passed 1-7-2025)

§ 10.40.030 Allowed planned unit developments. ¶

A planned unit development may be utilized to achieve one or more of the following objectives:

(A) To permit development intensity greater than would otherwise be permitted by the implementation of the standards of the zone district in which the site is located.

(B) To permit the lot patterns of size, shape, and layout that would otherwise not be permitted by the standards of the zone district in which the site is located and allow for averaging of lot sizes to create greater flexibility in subdivision design.

(C) To modify the required building setbacks, distances between structures, and landscaped areas that would otherwise be required by this title.
(D) To permit Small Lot Residential developments in accordance with § 10.40.060 below.
(E) To permit a site within more than one zone district to mix the permitted or conditionally permitted land uses of both zones within the site without regard to the zone district boundary.
(F) Allow for the placement of duplexes on corner lots within single-family residential developments.
(G) Provide for the integration of neighborhood parks.
(H) To permit variations to the standard local street cross-sections within private gated neighborhoods subject to the review and approval of the City Engineer.
(I) To permit private streets, residential lots fronting on a private street, and gated neighborhoods.
(J) To reduce the amount of required parking spaces when spaces are shared among multiple land uses.
(Ord. 2025-01, passed 1-7-2025)

§ 10.40.040 Prohibited planned unit developments. ¶

A planned unit development is prohibited from being used to achieve one or more of the following:

(A) To add land uses that are not otherwise permitted in the zone district in which the PUD is located.
(B) To increase residential densities beyond the maximum allowed by the General Plan.
(C) To modify sign standards or provisions in Chapter 10.56.
(D) To modify parking and loading standards or provisions in Chapter 10.54, except as stated in § 10.40.030.
(Ord. 2025-01, passed 1-7-2025)

§ 10.40.050 Site area. ¶

(A) The minimum site area for a planned unit development shall be four acres, except that there shall be no minimum site area requirements if the site is an infill development site.

(B) The site area may be made up of more than one parcel, however, all parcels in the site area shall be contiguous. (Ord. 2025-01, passed 1-7-2025)

§ 10.40.060 Small Lot Residential PUD. ¶

(A) The purpose of the Small Lot Residential PUD is to provide living areas within the city where development is proposed to achieve compact development with lot sizes in the range of 3,200 square feet to 4,000 square feet.

(B) The objectives of the Small Lot Residential PUD are:
(1) The development of compact single-family residential neighborhoods at densities typically in the six to eight units per acre range.
(2) The development of compact residential neighborhoods that exhibit high standards of design and are within close proximity to private or public parks or amenities.
(3) To provide for a compact development with narrow lot widths that minimize the dominant characteristics of garages on the streetscape.
(4) To provide for an additional housing type and address issues of affordability.
(C) A Small Lot Residential development may be located on any land designated R-1-4, low density residential, on the Official Zoning Map.
(D) Each small lot residential development shall submit a PUD application for approval by the Planning Commission.
(E) Development standards shall be as follows:
(1) Minimum site area: 3,200 square feet.
(2) Minimum lot width: 40 feet if there is no alley, but 30 feet if there is an alley.
(3) Minimum lot depth: 65 feet.
(4) Density: no more than one dwelling shall be located on each parcel with the exception of ADUs consistent with § 10.60.030.

(5) Lot coverage: 60% maximum including the dwelling and the garage. Porches, driveways, patios, and other non-landscaped areas are excluded.

(6) Front building setback: no less than seven feet and no more than 12 feet. Garages. Porches cannot encroach into the minimum front setback area.

(7) Rear building setback: a minimum of four feet, except no rear yard is required if the rear property line abuts an ally.

(8) Interior side building setback: a minimum of four feet on each side to provide a minimum of eight feet of separation between buildings. Zero lot lines can be approved with an eight-foot separation. An additional two feet of setback shall be provided for each additional story of building height.

(9) Street side yard setbacks on corner lots shall comply with front yard setbacks.
(10) Building height: the maximum height of a permitted use and its accessory structures is 30 feet. A maximum height of 40 feet may be approved through a conditional use permit.
(11) Fences, walls, and hedges shall be the same as required in the R-1-4 zone.
(12) Off-street parking:
(a) Each unit shall provide for a two-car garage. Each garage shall have a minimum depth of 20 feet and a minimum width of 18 feet. All parking spaces and driveways shall be paved in accordance with Chapter 10.54.
(b) A garage facing an alley shall have a four-foot apron.
(c) A garage facing a courtyard shall have an apron of not less than six feet or more than 18 feet.
(d) A garage facing a street shall be setback 20 feet from the property line and shall be recessed at least five feet from the front building elevation (including porches). If development establishes private streets or sidewalks, garages facing a street shall provide a 20-foot apron. The 20-foot apron shall not include any part of the sidewalk. The garage shall not extend more than 50% of the lot width.

(13) New development is required to install the public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, storm drainage facilities lines, curbs, gutters, sidewalks, street paving, and street lighting. These improvements shall be constructed consistent with requirements shown in the City of Tulare Standards and Specifications and shall be installed prior to occupancy of any structures on the site.

(14) Alley/driveways: each alley or private driveway shall be 20 feet in width with an approved turning radius to accommodate garbage trucks. Each alley/driveway shall be designed to allow for the exiting of garbage trucks.

(F) Design standards shall be as follows:
(1) Horizontal and vertical relief shall be provided for the second and third floors. Acceptable elements include recessed stories, awnings, recessed wall planes, and architectural details that break up flat elevation expanses.
(2) Mirror house plans shall not be provided on consecutive lots.
(3) Guest parking shall be provided on-site for the development of 20 units or more at a ratio of one guest space per five units. Parking areas in driveways shall not be counted as guest parking.
(4) No carports are allowed as garages.
(5) If off-street parking is provided on the driveways, parking shall be designed as to not interfere with pedestrian circulation along the sidewalk.
(6) Each unit that proposes a "common" wall with an adjacent unit shall have attic separation and independent water meters and sewer laterals.
(7) Utility infrastructure shall be located in areas that are not highly visible from public streets.
(8) Private streets may be allowed with 36 feet curb to curb and a six-foot adjacent sidewalk for a total right-ofway of 48 feet.

(9) Where private streets and common areas are proposed, a Home Owners Association (HOA) or similar entity shall be established.

(10) Small lot residential developments accessing a central courtyard area serving no more than six units shall provide a driveway width of 20 feet in addition to any garage apron and landscape setback.

(11) When the garage is provided in the front, two houses shall not be designed to have their garages abutting each other and therefore having a common wall. Mirror house plans shall never be provided in consecutive lots.

(12) The garage, whether located in the front or the rear, shall always be designed as an enclosed building unit, with a designed door that has a similar architectural detail as the main elevation's theme.

(13) The garage roof design shall have a similar architectural appearance and the same building materials as the house roof.

(14) All garages in the rear shall be provided with automatic doors to facilitate security of residents.
(G) Open space design standards shall be as follows:

(1) An area of 325 square feet per dwelling unit is required, with a minimum size of one-half acre. When the overall development area is elongated or otherwise very irregular, the required open space can be split into two or more small open spaces.

(2) Open space areas shall be centrally located and accessible through pedestrian trails, bike paths, streets, etc. Average walking distance for amenities shall be a quarter mile or less.

(3) Areas of open space shall be regular and geometrically defined areas that are usable and where the community can locate tot lots, picnic areas, recreational activities, etc. Areas leftover of subdivision design (corner areas, areas otherwise not usable for residential, etc.) do not count as open space. Lots that were designed for residential use cannot be eliminated and simply assumed as open space to meet the open space criteria.

(4) Water retention basins and drainage retention areas may be incorporated as controlled recreational-visual areas within the open space when designed accordingly and not as squared-fenced isolated water bodies.

(5) Required open space may be either private or public open space maintained by an HOA or through the creation of a Landscape/Lighting District or other city approved maintenance entity.
(6) All developments shall provide open space as required by this section and shall provide in-lieu fees for any

remaining Quimby requirement. Open space provided as part of the development will be credited toward fulfillment of the subdivision's Quimby Act requirement.

(H) Street design standards shall be as follows:
(1) Street design shall foster the interconnectivity of streets and blocks to favor both automobile and pedestrian circulation.
(2) All streets shall be provided with sidewalks.
(3) The right-of-way of local streets shall meet the adopted city standard.
(4) Travel lanes shall be in compliance with adopted city standards.
(5) Landscape provided along local roads shall be designed with trees specified in the adopted street tree species list.
(I) Alley design standards shall be as follows:
(1) Alleys shall be designed with a minimum clearance of 20 feet for free circulation of utility trucks.
(2) Alleys may have a landscape and apron area with access to the garage that shall not exceed four-feet-wide.
(3) Landscape provided in the alley shall be of species whose foliage grows vertically so the free access of utility trucks and cars is not impeded.
(4) On-street parking in the alley is prohibited.
(5) A lighting plan shall be provided with alley design submittals.
(J) Streetscape design standards shall be as follows:
(1) Each subdivision shall have at least three different floor plans with three elevations each.
(2) Not two identical elevations can be adjacent to each other, and elevations that mirror to each other shall not be placed consecutively.
(3) The roof design of each house shall include various volumetric elements that compose the entire elevation.
(4) The landscape strip along streets shall be provided with at least one tree per dwelling unit.
(Ord. 2025-01, passed 1-7-2025)

§ 10.40.070 Findings. ¶

(A) Before a planned unit development can be approved, all of the following findings shall be made by the reviewing authority identified in Chapter 10.70:

(1) That the proposed project is consistent with the purpose and objectives of this chapter and the zone district in which the project is located.

(2) That the proposed project is consistent with the Tulare General Plan.
(3) The PUD is being proposed to achieve one or more of the objectives identified in § 10.40.030.

(4) The location and design of the PUD and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

(5) The location and design of the PUD will not generate more traffic than the streets in the vicinity can carry without congestion, and will not overload utilities.

(6) That PUD's population density, site area and dimensions, site coverage, yard spaces, height of structures, distances between structures, off-street parking and off-street loading facilities, landscaped areas, and street design will produce an environment of stable and desirable character consistent with the purpose of this title.

(7) The combination of different dwelling types, architectural appearance, and/or varieties of land uses in the development will complement each other and will harmonize with the existing and proposed land uses in the vicinity.

(B) A PUD may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.