The intent and purpose of the planned unit development regulations are to:
A. 
Facilitate comprehensively planned development of areas in accordance with applicable general and specific plans;
B. 
Encourage imaginative and innovative planning of residential neighborhoods and commercial and industrial areas by offering a wide variety of dwelling units and building types and site arrangements with well-integrated community facilities and services;
C. 
Relate the project to the surrounding area and the topography and other natural characteristics of the site;
D. 
Permit greater flexibility in design than is possible through strict application of conventional zoning and subdivision regulation;
E. 
Provide for conversion of existing developments to a planned unit development.
(Ord. 80 Art. V(S)(1), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
A "planned unit development" (PUD)
is a project improved in accordance with a comprehensive development plan in which owners of separately owned lots are owners in common, possessing appurtenant rights to the beneficial use and enjoyment of the commonly owned property, further defined as a planned development in subsection (k) of Section 1351 of the State Civil Code and characterized by the following:
A. 
The subdivision of lots for individual sale within a larger parcel that is comprehensively planned and includes commonly owned lot(s) and common maintenance responsibilities;
B. 
The regulations of the zone regarding density or intensity of use in which the PUD is located are applied to the total area of the PUD rather than separately to individual lots of building sites;
C. 
The right to use and enjoy any privately owned common areas and recreational facilities provided on the site of the planned unit development shall be coupled with several interests of the owners of separately owned lots, parcels or areas;
D. 
Imaginative planning and design is used to relate the development to the site and the surrounding area by the modification of the requirements of the underlying zone to accommodate the project as approved.
(Ord. 80 Art. V(S)(2), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
The procedures in this chapter shall be used for planned unit development projects in all zone districts.
(Ord. 80 Art. V(S)(3), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
Any permitted use, accessory use, or conditional use permitted in the underlying zone is permitted in a PUD.
(Ord. 80 Art. V(S)(4), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
Residential dwellings may be permitted within the various commercial zones in conjunction with uses such as retail, professional and personal services, hotels and motels, and commercial uses may be permitted within the various multiple-family zones, provided the commercial use is oriented to the on-site resident. In either case the development shall be comprehensively planned and the development requirements of each land use as required within this chapter are met.
(Ord. 80 Art. V(S)(5), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
A. 
An application for a PUD may be made by the record owner or owners of the property on which the development is proposed. The application shall be filed with the city planner upon forms provided by the department and shall state fully the reasons a PUD is a proper method to develop the property and shall be accompanied by adequate plans, a legal description of the property involved and an explanation and description of the proposed use.
B. 
The application shall be accompanied by payment of a fee as established by city council resolution.
C. 
The application shall be accompanied by a tentative map.
D. 
The application shall be accompanied by drawings indicating the design of the proposed buildings, landscape plan, and building elevations and cross sections of any proposed grading. Applications for a project including lot sales or future custom building programs may, with the exception of grading, exclude such drawings for the lot sale or custom areas provided a text is submitted containing limitations and building development criteria of those development standards contained herein and any other criteria that may be deemed necessary.
E. 
If the applicant contemplates the construction of a PUD in phases, the application shall so state and shall include a proposed construction schedule.
F. 
If the project is to provide open areas and recreational facilities to be used by the occupants of two or more units, it shall be stated in the application and the application shall include a plan, acceptable to the city, for the preservation and maintenance of the common elements of the property.
G. 
The application shall be accompanied by a topographic map indicating present grade and proposed changes, and typical cross sections of the project sufficient to show the proposed method of developing the site.
(Ord. 80 Art. V(S)(6), 1984; Ord. 262 § 4, 1989; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
The PUD shall be processed in the manner of a conditional use permit and be accompanied by a tentative tract map application. The PUD shall accompany the tentative tract map to planning commission who shall have final action on both items.
(Ord. 80 Art. V(S)(7), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
All proceedings with regard to the tentative map submitted with an application for a PUD shall be combined with the proceedings for the permit. An application for a PUD is deemed a consent by the applicant to a waiver of the time limits for city action on the tentative map contained in the Subdivision Map Act.
(Ord. 80 Art. V(S)(8), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
A PUD shall show land reserved as open space if such open space is to be provided for the common use of the occupants of the PUD. The planning commission may require the tentative map submitted with the application to also show the open space as an easement. If common open spaces are reserved in accordance with the provisions of this section, approval of the tentative map shall be conditioned upon the city being granted an easement in a form acceptable to the city, limiting the future use of common open spaces and preserving them as open spaces.
(Ord. 80 Art. V(S)(9), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
The PUD shall observe the following design criteria:
A. 
The overall plan shall be comprehensive, embracing land, buildings, landscaping and their interrelationships.
B. 
The plan shall provide for adequate open space, circulation, off-street parking, recreational facilities and other pertinent amenities as related to the intended use and intensity of development. Buildings, structures and facilities in the parcel shall be well-integrated, oriented and related to the topographic and natural landscape features of the site.
C. 
The proposed development shall be compatible with existing and planned land uses and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood or community.
D. 
The internal street system shall not be a dominant feature in the overall design, rather it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities.
E. 
Common areas and recreational facilities shall be located so as to be readily accessible to the occupants of the PUD and shall be well related to any common open spaces provided.
F. 
Architectural harmony with the development and within the neighborhood and community shall be obtained so far as practicable.
(Ord. 80 Art. V(S)(10), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
In addition to the general provisions of this title, the requirements of the underlying zones, unless modified herein, a PUD shall comply with the following standards:
A. 
Density. The number of dwelling units in a PUD shall not exceed the density permitted in the underlying zone, except where density transfers have been previously approved by city council action. The allowed density may be applied to the total area of the PUD rather than separately to individual lots. When calculating density, the right-of-way of public streets or private streets or drives designated as streets within the interior of the project may be included in the total project area.
If the property involved is composed of land in two or more residential zones, the number of dwelling units permitted in the development shall be the sum of the dwelling units permitted in each of the residential zones. Within a PUD, the permitted number of dwelling units may be distributed without regard to the underlying zoning.
B. 
Lot Dimensions. The minimum size parcel containing the PUD shall be one acre. However, there shall be no minimum lot dimensions of area, width or depth of the planned unit lots within the PUD.
C. 
Yards. Special building setback or yard requirements may be established which are based on design and relation of buildings to each other and to topography. All structures, however, shall be set back from the right-of-way of public or private streets at least ten feet, excepting parking structures with an entrance at approximate right angles from a public or private street shall maintain a minimum setback of twenty feet from the sidewalk or curbline if a sidewalk does not exist toward which it is directed.
D. 
Height. The permitted height of buildings and structures shall meet the requirement of the underlying zone, except greater heights may be permitted if the planning commission finds sufficient evidence that increased height will benefit the project, will be compatible to the surrounding development and area, and not unduly block the view of surrounding properties and scenic highways.
E. 
Parking. A nonresidential PUD shall provide parking in accordance with the requirements of the underlying zone. A residential PUD shall provide parking as required per the underlying zone, plus visitor parking shall be provided at a ratio of one space for every unit. Such parking shall be conveniently accessible to the units they are intended to serve. Credit may be given for on-street parking provided the street is totally within the project and a parking lane is provided.
F. 
Private Streets. Private streets may be permitted within a PUD provided their width and geometric design are related to the function, topography and needs of the development, and their structural design, pavement and construction comply with the requirement of the city's subdivision regulations and street improvement standards. The planning commission may reduce the minimum required width of private streets, provided the reduced width is desirable to accommodate improved site design, increase open space, retention of natural features, etc. and, further, that provisions are made for safety vehicles, rubbish removal and other similar needs by such means as alternative access, built-in fire protection, etc.
G. 
Open Space—Residential.
1. 
Common open space areas designed for active recreational use such as swimming pool, tennis court, golf course, children's playground, picnic area, shall be provided for all residential developments based on the density of the project as follows:
Range of Dwelling Units per Gross Acre
Amount of Usable Open Space Area Square Feet per Dwelling Unit
Less than 4
600
4 to 9.99
500
10 to 20
450
Greater than 20
400
Areas designed for active recreational uses located on roofs of buildings, but not involving private patios, may satisfy the open space requirements.
2. 
The city may require the preservation of scenic natural features such as rock outcroppings, flood plains, native vegetation, vistas, or other features deemed worthy of preservation. Credit for the usable open space requirement may be given not to exceed fifty percent of the required amount.
3. 
Commonly owned and maintained open space and recreation areas shall be readily accessible to all dwelling units.
H. 
Open Space Required—Nonresidential. Usable open space for nonresidential PUDs shall be provided at a minimum ratio of one square foot for each ten square feet of gross building floor area as measured at ground level only. It is intended that this open space be designed for use by customers or employees. It may be active or passive and shall be in addition to required yards and open parking lot areas. Credit for the open space requirement may be given for the construction of public-oriented amenities such as statuary, fountains, natural areas, etc. The credit shall not exceed fifty percent of the open space required.
I. 
Landscaping Standards. Open areas (not used for recreation, natural areas, parking, or private yards) shall be landscaped, provided with an irrigation system, and maintained. The design of the landscaped areas and plant materials used shall be planned comprehensively for the entire site, and where landscaped areas are commonly owned, provisions shall be made for maintenance.
J. 
Storage of Recreation Vehicles, Trailers and Boats.
1. 
Lots within Development. Recreational vehicles, trailers, boats, campers, etc. may be stored on lots with an area more than seven thousand two hundred square feet, within a planned unit development.
2. 
Storage Area. An area within the planned development may be specifically reserved for the storage of recreational vehicles, trailers, boats, campers, etc. owned by the residents of the development. When a storage area is proposed, it shall conform to the following minimum standards:
a. 
The area set aside for storage shall contain at least forty square feet per dwelling unit or lot.
b. 
The area shall be screened from view by a combination of fencing and landscaping. However, if the storage area is adjacent to a public road, it shall be separated from the right-of-way by a six foot block wall with a cap and screened with landscaping.
K. 
Refuse Areas. Centralized refuse pickup areas shall be required for residential development with five or more dwelling units and for nonresidential development if deemed to be necessary.
L. 
Signs. In addition to signs allowed by the underlying zone, community identity signs identifying the entire PUD or major portions thereof are permitted. The type, location, height and size of signs shall be determined as a part of the permit and shall relate to the location and design of the PUD.
M. 
Placement of Buildings.
1. 
The distance between any building used for human habitation and any other building shall be not less than ten feet;
2. 
Distance between any uninhabited buildings or structures shall be not less than five feet;
3. 
The distance between wings or courts of a building shall be not less than ten feet;
4. 
Two or more individual building units may be attached or combined into a single structure in a planned unit development.
N. 
Pedestrian Walkways. Walkways shall be provided to connect all building entrances and recreational buildings with the parking areas. Walkways shall be concrete with an unobstructed width of at least four feet. Alternate materials such as tile, brick or wood may be used as architectural features with planning commission approval. In addition, the planning commission may require and specify construction standards for hiking, equestrian and bicycle paths.
O. 
Building Construction Requirements. Each attached individual unit shall be constructed with at least two-hour fire-resistive construction for all separation walls.
P. 
Planned Unit Development Lots. Lots that do not meet the requirements of the underlying zone may be approved. There are no size nor configuration standards for such lots beyond those imposed as a part of the permit, but they shall be reasonable as to intended use and relation to the project and the surrounding area.
(Ord. 80 Art. V(S)(11), 1984; Ord. 262 § 4, 1989; Ord. 599 § 2, 2004; Ord. 862 § 2, 2022)
Any PUD granted by the planning commission shall be conditioned upon the privileges granted being utilized within two years after the effective date thereof. Failure to utilize such permit within this period will automatically void the same, unless an extension of time has been granted. Construction must actually be commenced within the stated period and must be diligently prosecuted to completion. If the city finds that there has been no construction substantial in character performed under the permit, or that there has been a lapse of work for six months, it may revoke the permit. During the two-year period referred to in this section, or during any extension thereof, the property covered by the PUD permit shall not be used for any purpose or use other than that authorized by the permit.
(Ord. 80 Art. V(S)(12), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
The planning commission may grant an extension of time for a PUD in accord with the extension of time request of the tentative tract map.
(Ord. 80 Art. V(S)(13), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
Amendments to a PUD may be initiated by the property owner or authorized agent as follows:
A. 
A request for an amendment shall be submitted to the city planner in written form and shall be accompanied by such additional graphics, statements, or other information as may be required to support the proposed amendment.
B. 
If the planning commission considers the amendment minor in nature, the additional graphics, statement or other information may be approved by the planning commission and made part of the original approval without the necessity of a public hearing.
C. 
A minor amendment shall not change the boundaries of the subject property, or involve an addition of a new use or group of uses not shown on the original permit or the rearrangement of uses within the development, or changes of greater than ten percent in approved densities, yards, height, open space or landscaping. If the planning commission determines that the amendment is not minor or that a hearing is otherwise necessary, it shall set the matter for public hearing.
D. 
If a public hearing is required, the applicant shall submit a completed application with graphics, statements, or other information as may be required to support the proposed modification.
E. 
Payment of a fee as established by city council resolution.
F. 
An application for an amendment of a PUD shall be processed, heard and determined in accordance with the provisions of this chapter applicable to the adoption of a PUD.
(Ord. 80 Art. V(S)(14), 1984; Ord. 262 § 4, 1989; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
Building permits for construction within the proposed PUD shall not be issued until a final subdivision map has been recorded for the project. A final map which deviates from the conditions imposed by the permit shall not be approved.
(Ord. 80 Art. V(S)(15), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
A. 
Building permits for construction within the proposed PUD shall not be issued until the applicant has filed and secured approval of a final PUD plan. The final PUD plan shall include:
1. 
Improvement plans for private streets, water, sewerage and drainage systems, walkways, fire hydrants, parking areas and storage areas. The plan shall include any off-site work necessary for proper access, or for the proper operation of water, sewerage or drainage systems;
2. 
A final grading plan;
3. 
Final elevation plans;
4. 
A final landscaping plan including methods of soil preparation, plant types, sizes and location; irrigation system plans showing location, dimensions and types; and screening;
5. 
A plan for lighting of streets, driveways, parking areas, walks and recreation areas.
B. 
Where a PUD contains any land or improvements proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions with the final PUD plan. Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership and shall be reviewed by and subject to approval by the city planner and city attorney.
C. 
A final PUD plan may be submitted for a portion of the development provided the planning commission approved the construction phases as part of the permit and subdivision map approval. The plan for the first portion must be submitted within the time limits of this section. Subsequent units may be submitted at later dates in accord with the approved phasing schedule.
(Ord. 80 Art. V(S)(16), 1984; Ord. 262 § 4, 1989; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
All private streets, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use shall be maintained by the property owners. Provisions acceptable to the city shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits.
(Ord. 80 Art. V(S)(17), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
All commonly owned land, improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to so maintain is unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community.
(Ord. 80 Art. V(S)(18), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
A. 
Any person aggrieved or affected by the final determination of the planning commission concerning an application for a planned unit development including any conditional requirement imposed on the project may appeal the decision within ten calendar days from the planning commission's decision by filing the city's appeal application with the planning department and paying the established fee as set forth by the city council.
B. 
The city planner or designee shall schedule a public hearing.
C. 
The city planner or designee shall transmit to the city council a written report, copies of the application, and copies of all other papers constituting the record upon which the commission's decision was taken, including, but not limited to, the minutes of all hearings thereon and shall submit to the council a written report, prepared from the record upon which the final determination was made, stating the factual and legal basis on which the commission found and determined that the application met or failed to meet the criteria and requirements provided in this chapter for granting a planned unit development.
D. 
The council may affirm, reverse or modify, in whole or in part, any final determination, condition or requirement of the commission which is appealed from or ordered to be reviewed by the council. After reviewing the record of the commission's proceedings relating to the decision, condition or requirement appealed from or ordered to be reviewed by the council, including, but not limited to, the application, minutes of hearings, notice of appeal and the commission's report, the council may affirm without further action the determination, requirement or condition appealed from or ordered to be reviewed.
E. 
On the date a notice of appeal is filed under this chapter, or on the date the council orders a review of the commission's determination, condition or requirement, all proceedings in furtherance of the determination, condition or requirement appealed from or ordered to be reviewed by the council, including the effective date of the permit in question, shall be stayed until the final determination by the council of the appeal or council-initiated review.
(Ord. 862 § 2, 2022)