§ 19.43

The purpose of a planned unit development is to provide a flexible vehicle for realizing the goals and policies of the adopted General Plan and securing amenities and broad community value greater than would otherwise be achieved through application of the primary zone regulations. The planned development provides a flexible method whereby land may be designed and developed by taking

advantage of modem site planning techniques in order to produce an environment of stable, desirable character which will be in harmony with existing or potential development in the surrounding area. Development within a planned development shall be demonstratively superior to the development that could occur under any other zone or combination of zones authorized by this Title that are consistent with the General Plan land use category applicable to the subject property. This Chapter describes the process for adopting planned developments and approving subsequent development under a planned development.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A planned development overlay is required concurrent with the establishment of a Planned Development (PD) Overlay Zone. Planned developments shall be processed, subject to the requirements of this Chapter. All planned developments shall be enumerated in Article 8 of the Development Code.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

19.43.030 - Application and Required Fees

A.

Application Filing and Processing. Applications for a Planned Unit Development shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 19.28.050 (Applications and Fees).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Planned developments shall be approved by the specified approving authority as designated in Table 19.28.110-1 (Approving Authority of Land Use Permits). The designated approving authority is authorized to approve or deny a Planned Unit Development application.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

The Planning Commission shall hold a public hearing prior to taking action on a planned unit development. A public hearing shall be set and notice given in accordance with Section 19.28.100 (Public Hearing and Public Notice).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

19.43.060 - Conditions of Approval

A.

In approving a planned unit development project, the approving body shall require that the use and development of the property conform with a site plan, architectural drawings, and statements submitted in support of the application or with such modifications thereof as may be deemed necessary to protect the public health, safety or general welfare and to secure the objectives of the General Plan. The approving body may impose such conditions as may be necessary to achieve these purposes, including but not limited to the following matters:

1

. Setbacks, yard areas and open spaces.

2.

Fences, walls and screening.

3.

Building materials, building scale, built-in fire protection and architectural treatments.

4.

Parking, parking areas, and vehicular ingress and egress in addition to the minimum requirements of Chapter 19.82 (Off-Street Parking and Loading).

5.

Common and private open space, landscape, and maintenance of landscape and grounds.

6.

Such other conditions as may be determined to ensure that development will be in accordance with the intent and purposes of this chapter and the General Plan.

B.

Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the City, shall be required. The City shall also require that proposed homeowners association documents be submitted for review and approval of the City Attorney prior to submittal to the California Bureau of Real Estate.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Prior to approving a planned unit development as prescribed by this Chapter, the approving authority shall make all the following findings:

A.

The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or the permitted use thereof and will be compatible with the planned land use character of the surrounding area. The standards of development applicable to the planned development are clearly designated.

8.

The uses allowed within the planned development are clearly designated.

C.

The proposed development will be well integrated into its setting.

D.

The plan will make an overall contribution to the enhancement of the surrounding environment.

E.

The plan incorporates creativity in design and use of land.

F.

There is reasonable assurance that the applicant intends to and will be able to proceed with the execution of the project without undue delay.

G.

The proposed development is consistent with the General Plan.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Written notice of decision shall be provided within five business days of the date of decision to the applicant and interested parties having requested notices in writing. The notice shall include:

A.

The application request as acted upon by the Planning Commission.

B.

The action taken by the Planning Commission.

C.

Findings as listed for the permit.

D.

The deadlines, criteria and fees for filing an appeal.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Planned unit developments shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Planned Unit Developments shall expire two years from the date the approval was granted, unless the permit has been exercised in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

The expiration date of a Planned Unit Development may be extended in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

An applicant may request an amendment to a Planned Unit Development after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 19.28.140 (Amendments to Previous Approved Permits).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

19.43.140 - Implementation

A.

Final Development Plan. Following approval of the Planned Unit Development and prior to exercising the Planned Unit Development, a final development plan shall be submitted for administrative review to verify conformance with the Planned Unit Development. The final development plan shall include the following:

l.

All buildings drawn to scale.

2.

Off-street parking facilities.

3.

Landscaping.

4.

Finished grades.

5.

Other details to demonstrate conformance with all the features, conditions and characteristics upon which the planned unit development was adopted.

B.

Compliance. No permit shall be issued for any building or use except in full compliance with the Planned Unit Development and final development plan. Compliance shall be determined through the zoning clearance process, unless additional entitlements are required. The Director may require additional information to be submitted to demonstrate compliance.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Any legally permitted and actual use of property within the Planned Unit Development Overlay District., existing at the time of adoption of an ordinance adopted pursuant to this Chapter and rendered nonconforming solely by virtue of the adoption of said ordinance, shall be entitled to continue as a legal nonconforming use so long as there is no enlargement, extension, or discontinuation of such use for any continuous period of 180 days or more. Discontinuation shall include termination of a use regardless of intent to resume the use.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Chapter 19.44 - Variance