The objective of the planned unit development overlay zone is to secure a fuller realization of the general plan of the city than that which would result from the application of present zone district regulations. The PUD overlay zone is intended to be applied to those parcels which, by the nature of their size, location, topography, configuration, economic potential or other considerations, require overall planning design and control in order to achieve the goals and objectives of the general plan. The planning design and control will secure to the community, the future occupants, and the developer values and amenities greater than those likely to be achieved by applying solely the relatively inflexible zoning provisions otherwise generally necessary to regulate the successive development of individual lots by numerous different owners. For commercial and/or residential development, the planned unit development overlay zone provides a method whereby land may be designed and developed as a unit by taking advantage of modern site planning techniques in order to produce an environment of stable, desirable character which will be in harmony with existing or potential development of the surrounding neighborhood.
(Ord. 1719 § 1, 2010)
In the PUD overlay zone, the following uses are permitted: Commercial and residential uses consistent with the general plan land use designation and the primary zone, with specific uses to be reviewed and approved by the planning commission and city council as provided for in this chapter.
(Ord. 1719 § 1, 2010)
For purposes of this chapter, the following shall apply:
"Assembly use"
shall mean the use of a property, a structure, or any portion thereof for the gathering together of fifty or more persons for a common purpose, such as deliberation, education, instruction, worship, entertainment, amusement, or drinking or dining, on a regular basis. For purposes of this chapter, restaurants having no live entertainment and having a seating capacity of one hundred or less, and without banquet facilities, shall not constitute an assembly use.
"Final development plan"
shall mean the precise site, floor and elevation plans submitted by an applicant, after approval of a project by the city council and incorporating all conditions of approval required by the city council, which has been reviewed and approved by all city departments for compliance with all conditions of approval. The final development plan is also the document(s) submitted to the city building department for the issuance of building permits.
"Primary zone"
shall mean the zoning land use designation of a property in the absence of the PUD overlay, e.g., the property is in an underlying zoning designation of R-1, C-2, M-1, etc.
(Ord. 1719 § 1, 2010)
A. 
In the PUD overlay zone, the regulations set out in this chapter shall apply to the use of any property so zoned or any portion thereof, including the building, demolition or modification of any structure or any portion thereof. Uses may be permitted by the planning commission by way of conditional use permit, where such uses are permitted by conditional use permit in the primary zone, provided that such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the comprehensive general plan.
B. 
Exceptions.
1. 
The director of community development or designee may approve demolition of structures in residential zones and any commercial and industrial buildings directed by a court of law or deemed to present a public health risk.
2. 
Additions to, or remodeling of existing single-unit dwellings located within a PUD zone are exempt from planning commission and city council review; however, all single-unit dwellings shall comply with all the appropriate development standards for the zone in which they are located and shall be architecturally compatible with the existing structure.
3. 
Façade changes or site plan alterations that do not involve any increase in usable floor area to existing commercial buildings in all zones, and existing residential structures in multiple family zones shall be exempt from the review requirements of this chapter, but shall be subject to design review as established in Chapter 18.68 of this title.
4. 
New residential projects or addition of residential units on parcels whereby the total unit count on the subject property totals six or less is exempt from the requirements of this chapter, but shall be subject to design review as established in Chapter 18.68. However, an applicant may elect to process a project via this chapter. In that case, the applicant will be required to meet all application requirements of this chapter and pay the appropriate fees as established in the Master Fee Schedule.
5. 
All accessory dwelling units within PUD zones, as defined in Chapter 18.04, are not subject to the approval process established within this chapter, but instead are subject to Chapter 18.04.
(Ord. 1719 § 1, 2010; Ord. 1835 § 3, 2021; Ord. 1853, 12/18/2023)
In the PUD overlay zone, uses prohibited in the primary zone and assembly uses, except that assembly uses permitted in residential primary zones shall be permitted in residential primary zones with PUD overlay zone designations.
(Ord. 1719 § 1, 2010)
In the PUD overlay zone, the following standards of development shall apply:
A. 
Those standards of development of the primary zone in which the property and the proposed use are or will be located, except to the extent that special development standards are imposed as set forth in Section 18.52.070.
B. 
The parking lot, design and landscaping requirements applicable to the primary zone in which the property is located.
(Ord. 1719 § 1, 2010)
In the PUD overlay zone, the following special development standards shall apply:
A. 
Designated Standards. Modifications to those standards required for the primary zone in which the property and the proposed use are or will be located, as are clearly designated in the planned unit development ordinance approved by the planning commission and city council for the property.
B. 
Variation in Residential Density.
1. 
Any increase in the number of dwelling units other than that which would be permitted in the primary zone shall be limited to that which the planning commission and city council find to be fully compensated for by the quality and distinction of various elements of the architecture and the site plan, including:
a. 
The character and magnitude of the provisions for both undeveloped and developed common open space;
b. 
The reduction, through efficient design, of the total acreage needed for adequate vehicular circulation;
c. 
Dedication for public use, if any, excluding streets; and
d. 
The general excellence of the design as a whole, including among other criteria, the provisions for landscaping, the treatment of pedestrian ways and areas of recreational use, optimum relation to topography and other natural features and variety of building form and location.
2. 
The planning commission and/or city council may reduce the permitted density on a particular parcel when it has been determined that such reduction is warranted by conditions specifically applicable to the parcel, such as topography, character of the surrounding property, etc.
C. 
Mixed Use. The regulations of this chapter are intended to permit a diversity of uses, relationships and heights of buildings and open spaces in planned building groups while ensuring substantial compliance with the spirit, intent and provisions of this code.
D. 
Economic Potential. The planning commission and/or city council may impose such other development standards as may reasonably enhance the economic benefit of any development to the city and the community.
(Ord. 1719 § 1, 2010)
There is created a planning coordinating committee composed of the director of community development (chairman), director of public works, chief building official and fire chief, or their authorized representatives, and any other department representative as required by the chairman. At least forty-five days before filing any application for a planned unit development, the prospective applicant shall submit to the planning coordinating committee preliminary plans and sketches and basic site information for consideration and advice, which shall be provided within at least thirty days thereafter, as to the relation of the proposal to general development objectives to be attained in the area and as to the policies of the commission and city council with reference thereto.
(Ord. 1719 § 1, 2010)
A. 
Permit Required. Planned unit developments shall require a planned unit development permit for each such development. Such permit shall be subject to the regulations and requirements of this title and shall be processed in accordance with the terms of this chapter, including a public hearing before the planning commission and city council.
B. 
Application for Permit.
1. 
Fee. Any application for planned unit development permit under the provision of this chapter shall be accompanied by a fee as established pursuant to the provisions of Chapter 18.70.
2. 
Processing. Such application shall be processed by city staff, which shall make a recommendation to the planning commission for denial, approval, or approval subject to conditions, and shall schedule a public hearing thereon as provided in Section 18.52.090. The application shall then be reviewed by the planning commission and forwarded to the city council with a recommendation for its approval or disapproval, identifying any conditions the planning commission finds appropriate to impose. The city council may approve, disapprove or refer the same back to the planning commission for further consideration. Any such permit is subject to the final approval of the city council.
3. 
Application Contents. Every application for a planned unit development shall be accompanied by the following, in the level of detail required in the city's application form, available from the city's planning department:
a. 
A legal description or boundary survey map of the property. (A tentative subdivision map may be substituted for this requirement if the applicant proposes to subdivide the property.);
b. 
A plot plan and description of the property involved showing the location of all existing and proposed buildings; plans and descriptions of the proposed use of the property with ground plans and elevations for all proposed buildings;
c. 
A general development plan with at least the following details shown to scale and dimensioned:
i. 
The proposed land ownerships, the uses, dimensions and locations of all proposed structures and of areas reserved for vehicular and pedestrian circulation, open spaces, landscaping, recreation or other public uses,
ii. 
Architectural drawings and sketches showing the design and character of the proposed uses and their relation to one another. A sample material board is to be submitted detailing colors to be used along with samples of the building materials to be utilized,
iii. 
Height and approximate location of all proposed walls and fences and a statement setting forth the method by which such walls and fences shall be preserved and maintained. Photographs of the proposed wall and fencing materials and design shall be provided,
iv. 
Location and design of automobile parking areas and signs (plans to be in color),
v. 
Type of surfacing proposed for walks and driveways,
vi. 
Preliminary plans showing the proposed method for control and disposal of water flowing into, across or from the development,
vii. 
Tables showing the total number of acres and their distribution by use, and the percentage of the whole designated for dwellings of different types, nonresidential uses, streets, off-street parking, public uses and open spaces,
viii. 
Landscape design plans showing the types of planting materials to be used. A plant materials booklet is to be submitted providing photographs of all types of plant materials proposed to be used. A landscape maintenance schedule is to be included within the plant material booklet. The landscape design plan shall include a site elevation scheme accurately showing projected landscape heights at the time of development and a second design showing landscape heights five years after development,
ix. 
An economic analysis of the costs and benefits of the proposed use and the projected cost to provide city services to the project,
x. 
A time schedule for the proposed development with evidence of the intent and the ability of the applicant to carry out the plan within such time,
xi. 
Operational characteristics of proposed use(s), including days and hours of operation, number of employees, etc., if applicable,
xii. 
Such other pertinent information as staff may reasonably require at the time of submittal or that the planning commission may reasonably require at the time of its consideration of the development in order to complete its evaluation of the intent and impact of the proposal;
d. 
A land use map showing the use of all property within five hundred feet of the exterior boundaries of the property involved;
e. 
A list, verified by the person or entity preparing the list as to its accuracy, containing the name and address of each property owner within three hundred feet of the exterior boundaries of the property involved, using for this purpose the last-known name and address of such owners as shown upon the last assessment roll of the city or county and a radius map depicting all such property owners;
C. 
Once an application is submitted and deemed complete by city staff, staff shall conduct the environmental review required by the California Environmental Quality Act, and notify the applicant of the environmental document which is required to be prepared in connection with the proposed planned unit development. All requirements of the California Environmental Quality Act, including time limits, notice requirements, and review and documentation requirements, shall be complied with by the applicant and staff prior to public hearing on the application.
(Ord. 1719 § 1, 2010)
A. 
Following the receipt in proper form of any PUD permit application, the secretary of the planning commission or the city clerk of the city council shall fix a time and place of public hearing thereon. Not less than ten days before the date of such public hearing, notice of the date, time, place of hearing and location of the property and the nature of the request shall be given in the following manner:
1. 
By publishing once in a newspaper of general circulation in the city;
2. 
By mailing a notice, postage prepaid, to the applicant, to each member of the planning commission, and to the owners of all property within three hundred feet of the exterior boundaries of the property involved, using for this purpose the last-known name and address of such owners as shown upon the last assessment roll of the city or county.
B. 
Public hearings as provided for in this chapter shall be held before the planning commission or the city council at the time and place for which public notice has been given as required in this section. The planning commission or city council may establish their own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued; provided, that prior to the adjournment or recess thereof, the presiding officer at such hearing shall announce the time and place to which such hearing will be continued.
(Ord. 1719 § 1, 2010)
A. 
The commission shall not recommend approval of the proposal unless it finds that the planned unit development, as applied for, is or may be conditioned to be in full conformance to the general purposes of this chapter, and in particular unless it finds as follows:
1. 
That the location, design and proposed uses are compatible with the character of existing development in the vicinity;
2. 
That the plan will produce, internally, an environment of stable and desirable character, and will not tend to cause any traffic congestion on surrounding or access streets;
3. 
That all required applications for the proposed use have been processed, including any conditional use permit applications;
4. 
That the standards of development applicable to the planned unit development are clearly designated in the proposed planned unit development ordinance or plans approved there under and/or supplementary text material;
5. 
That the proposed development will be well integrated into its setting;
6. 
That provision is made for both public and private open space, at least equivalent to that required in the primary zone;
7. 
That suitable provision is made, where appropriate, for the protection and maintenance of private areas reserved for common use;
8. 
That the proposed development does not negatively impact the city's ability to provide services over the short and long term to city residents because the projected cost of providing city services to the property outweighs the economic benefits of the project to the city;
9. 
That the proposed project complies with all requirements of the California Environmental Quality Act;
10. 
That there is reasonable assurance that the applicant intends to and will be able to proceed with the execution of the project without undue delay; and
11. 
That there is substantial compliance with the spirit and intent of this title.
B. 
Within thirty-five days after the conclusion of a public hearing, the planning commission shall render its decision on the matter so heard, in accordance with the provisions of this section. The failure of the planning commission to render such decision within this time shall be deemed to constitute a recommendation for denial to the city council.
C. 
The planning commission shall make a recommendation of approval, approval with conditions, or denial of an application considered by it pursuant to this chapter along with any permits and/or applications considered in conjunction with such application, to the city council for its consideration.
(Ord. 1719 § 1, 2010)
A. 
After receiving the planning commission's recommendation on any application(s), the city council shall conduct a public hearing on such application(s), according to the provisions of this chapter. After such hearing, the city council shall approve, approve with conditions, or deny such application(s), taking into account everything submitted to and considered by the planning commission.
B. 
The city council shall grant approval of a planned unit development permit only if it makes all of the findings required to be made by the planning commission pursuant to Section 18.52.095.
C. 
The granting, either with or without conditions or the denial of such application by the city council shall be final and shall be made in writing to the applicant within forty-five days after the conclusion of the hearing on such matter. Reference shall be made, in the notice of written decision to the applicant, to the fact that judicial review of the decision is governed by the time limits set forth in California Code of Civil Procedure Section 1094.6.
(Ord. 1719 § 1, 2010)
After adoption of a planned unit development ordinance, and prior to the issuance of any building permit, a final development plan shall be prepared and final subdivision map or parcel map recorded, if either is involved. The final development plan shall conform to the ordinance adopting the planned unit development and shall show to scale all buildings, off-street parking facilities, landscaping, finished grades and such other details as will suffice to indicate conformance with all the features, conditions and characteristics upon which the approval was predicated. The final development plan shall be recorded, and a notation of reference thereto shall be made forthwith upon the zoning map. No permit shall thereafter be issued for any building, structure, demolition, or use except in full conformance with the final development plan or with any revision to the plan which has been approved in accordance with the requirements in this chapter for initial planned unit development permit approval. A violation of any part of the plan or of any condition of the approval shall constitute a violation of this title. The planning commission and/or city council may, however, by resolution extend any specific time limit for starting and completing the development upon the showing of a good faith effort to comply therewith. Prior to final approval of a planned unit development ordinance by the city council, the applicant shall submit to the city attorney a draft of covenants, conditions and restrictions which shall be recorded with the county recorder concurrently with conditions of approval and a map of the subject development.
(Ord. 1719 § 1, 2010)
A. 
If no development has occurred pursuant to the adopted ordinance and final development plan within twelve months after the date of the adoption of the planned unit development ordinance and no extension has been approved, the adopted ordinance shall be rescinded, the final development plan shall become null and void, and a new planned unit development permit application and approval, with associated final development plan, shall be required for any use and/or development on the subject site.
B. 
Upon expiration of any extension of time granted to start development granted by the planning commission and/or city council, the adopted ordinance shall be rescinded, the final development plan shall become null and void, and a new planned unit development permit application and approval, with associated final development plan, shall be required for any use and/or development on the subject site.
C. 
For purposes of this section, "development" shall mean commencement of construction on the site, which shall not include the commencement of any predevelopment work on the site, including surveying, preliminary construction staking, installation of erosion control measures or construction fencing, but which shall include review and approval by the city of proposed building plans and the issuance of building permits authorizing construction to commence, and actual construction shall have commenced on the site, such as final grading, pouring footings and/or foundation, or similar activities.
(Ord. 1719 § 1, 2010)
Re-application and re-approval of a planned unit development permit shall be required under the following circumstances:
A. 
Any use or re-use of a property in the PUD overlay zone, or any portion thereof, that has been vacant for over one year from the date of the last issued business license for the use approved in accordance with this chapter.
B. 
Any change in the use or any additional or different use of any property in the PUD overlay zone, or any portion thereof.
Exceptions:
1. 
Modifications to any existing conditional use permit shall not require re-approval or modification to any existing planned unit development permit where no increase in floor area or change in use occurs.
2. 
Consideration of any new conditional use permit for a use consistent with the allowed uses in the underlying zone and located within a pre-existing structure that involves no substantial change to the site shall not require re-approval or modification to any existing planned unit development permit.
C. 
Modifications to the site design of an approved planned unit development precise plan, which does not involve any permanent increase in building area or change of use, may be approved by the planning commission, without the need for city council review, for permitted uses. Such actions may be considered through the filing of a modification and paying the fee established for modifications in the master fee schedule ordinance.
(Ord. 1719 § 1, 2010)
A. 
Upon violation of any applicable provision of this title or, if granted subject to conditions, upon failure to comply with conditions, or due to a change in conditions on the property or as a result of the use of the property occurring after the granting of any permit pursuant to this chapter which change in conditions makes the continuation of the permit incompatible with the general welfare of the surrounding neighborhood, the city may take action pursuant to this section.
B. 
The planning commission or city council shall hold a public hearing, and if satisfied that any provision of the planned unit development ordinance, applicable regulation, development standard, general provision or condition is not being complied with, or if the planning commission or city council finds that a change in conditions on the property or as a result of the use of the property has occurred which makes the continuation of the permit incompatible with the general welfare of the surrounding neighborhood, may do one or more of the following:
1. 
Impose additional conditions on the planned unit development permit;
2. 
Revoke any applicable conditional use permits associated with the property;
3. 
Revoke and/or preclude the issuance of business licenses associated with the property;
4. 
Revoke and/or preclude the issuance of building or demolition permits; or
5. 
Revoke the planned unit development permit and rescind the planned unit development ordinance, where appropriate, if there has been a demolition or destruction, for any reason, of any substantial portion of the structures provided for in the final development plan;
6. 
Revoke, preclude, suspend or otherwise render void any other entitlements to use and/or develop the property as is reasonable under the circumstances and serves to ensure future compliance with this chapter and title or the planned unit development permit, plan or ordinance.
C. 
Any decision rendered by the planning commission or the city council shall be in writing and shall be transmitted immediately (within forty-eight hours) upon issuance to the permit holder and the property owner. Anyone aggrieved by a decision of the planning commission pursuant to this section may appeal such decision within ten days to the city council. If no timely appeal is filed, the planning commission decision shall be final. If a timely appeal is filed, the city council shall conduct a public hearing on the appeal and its decision shall be final. The city council shall issue a written decision within forty-five days after the hearing on such matter. Reference shall be made, in the notice of written decision to the applicant, to the fact that judicial review of the decision is governed by the time limits set forth in California Code of Civil Procedure Section 1094.6.
(Ord. 1719 § 1, 2010)
Any legally permitted and actual use of property within the PUD overlay zone, existing at the time of adoption of the ordinance codified in 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 change, addition, modification or cessation of such use for any continuous period longer than six months.
(Ord. 1719 § 1, 2010)